tigue. >> good evening president lazarus and commissioners, corey tigue for planning department. we feel like this project was approved appropriately by planning department. sounds like the proposed changes between the two parties would, if anything, result in a smaller project overall so wouldn't trigger any additional notification requirements and i don't think we have any issues for the compromise that's been reached. i'm available for any questions you may have. >> any public comment? seeing none, then commissioners, the matter is submitted. mr. duffy, commissioners are you willing to entertain him again? >> yes. >> as long as he entertains that. >> sorry commissioners for the time. just one point of clarification, i heard mr. calvin there saying that the -- it would take the walls down prior to any -- the addendum being issued. you can't start the work until the addenda has to be issued before you take the walls down so we won't know what the foundation is until the a ddenda is issued.

tigue. >> i should have worn my purple tie. i have reviewed the e-mail chain and if my recollection is correct michael smith stated that he would notify them when the decision letter was issued and also informed them that the planning department does not issue the building permit, that dbi does that and they have their own noticing and own system and he referred them to dbi for tracking and determining when the building permit was issued. you have in the past sort of considered a very similar issue with at&t permits and i believe exercised the discretion to grant jurisdiction because the department caused -- >> right, thank you. >> and we also got taken to court in boston. -- and lost. >> you were taken to court and lost at trial court level where the law didn't require notice to be given but you distinguished that case. [inaudible] hearing before you where there was evidence that the department had caused and you relied on that. you've gone down this road before and you have been able to decide that discretion. >> i'm going to

tigue, anything? no? okay. any public comment. seeing none, then commissioners, the matter is submitted. >> i personally did not hear anything that was new or different from the previous testimony and p i do not believe this request meets the requirements for the hearing. >> i'm of the same opinion. >> i agree and unfortunately from the last meeting that we had i know it's hard for you guys to go through this process, bull the ground for the threshold for rehearing was that any new information that would cause us to open up this. i have not seen any information that would cause to reopen this up. >> i'll move to deny the rehearing request on the basis that it doesn't meet the requirement of the board. >> thank you. chief, call testimony roll please. >> we have a motion from the president to deany this rehearing request. commissioner fung. >> i. >> commissioner honda. a: i. >> commissioner wilson. >> i. >> the vote is four to zero. this hearing request is deanied and notice of decision will be released. we'll move on to item 9. the

tigue. >> good evening, planning the president staff. department staff requires to be noticed. also specifically the question of the delores height special use district it states no portion of a building shall exceed a height of 35 feet above the existing grade of the lot. the existing building as a proved it's building on does not exceed that height. the special use district doesn't in any way limit how the code does exempt certain features from height restrictions under 260b. this is no different than the preordained height district for any property, whether it's a 40 foot height district hor higher. you can go above that height district specifically with those features that are exempted under 260b and the use district doesn't exempt those features. we basically interpret them and implement them the same way which is non structural features that are exempt under 260b, such as minimum required d parapits and railings don't fall under this requirement for height and do not require 311 notification. i'm available for any questions you may have? >> did any planning staff attend a

tigue >> this is just a bit of history discussed and in the brief that there were appeals before you several years ago and the board of appeals did rule at that time to acquire this property to state that the property owner agrees that if any work to the facade of the subject building following conditions shall apply and the conditions are essentially the removal of the garbage room or relocation and the doorway. the subject permit was reviewed by our head of historic preservation and was approved over-the-counter on september 30 of this year. in terms of the scope of work it's kind of an evolution to figure it out because the actual permit itself on the front of the permit has one description. the planner and the approval box in the back of the permit elaborated a little bit to kind of clarify what the actual plans show. often the description on the front is a summary of what have the actual plans show and do not provide every detail. the two main parts to the project are the internal work to provide the connection between the spaces and the stairs, but i think the work that's real

and at the table in the front corner here is corey tigue, representing the planning department and commission; and senior building instructor who's representing the department of building inspection. if you would please go oefrz the board meeting guidelines and conduct the swearing in process. >> the board requests you turn off all phones and pagers so they will not disturb proceedings. please carry on conversations in the holeway. the board's each has senl minutes to present their cases and three minutes for rebuttals. people affiliated with these parties must conclude their comments within the seven minutes period. to assist the board in the accurate preparation of minutes, members of the public who wish to speak on an item are asked but not required to submit a speaker or business card to board staff when you come to the podium. . speaker cards and pin rs available on the left side of the podium. the board welcomes your comments and suggestions. there are customer satisfaction survey forms on the left side of the podium. if you have questions about requests a hearing, board rules or hearin