Stares going up on 5th avenue return the greenery we never put the greenery in until they ask for it because it is sandy our guys step on it were not pitting the greenery in we need the greenery on the left and stated on the plans greenery on the north and south and is so on every permit we have to have the surface the only concrete we put in the sand this is where the sewer and drainage for that the garage goes so im respectfully asking that we actually amend those drawings and come back two or 4 weeks at the commissioners discretion and we agree to all of the rose and maeshts wishes which is to return the greenery would be fine to put that in now and keep people off of that the third one the restoration of the retaining wall weve agreed we have to agree with via email she wants her contractor to do that well pay for that thats item 3 and the fourth item the soil eruption we have no issue and agreed in writing via email and the fourth is planting of a new tree not a new requirement i honestly think that every garage over 20 feet needs a new garage so my humble opinion to redo the drawings with an open balance industry im available to answer any questions thank you. Ive got a comment okay. So if youre fixing all this why are we here. Id like to hear from the departments after anyway by not often we have a contractor say were going to repair this. I think this is i think there is 3 sides the neighbors that rose and kim are advocating for her property and the neighbors property our client hes an east coast person and wants what we wants he didnt get you cant do some certain things theres a lot radio a couple of mistakes our firearm and our client made mistakes i looked at everything and you know the apartmentable thing we dont put that in until it is at the end of the project to answer mr. Hondas question we have a client saying dont do this and that it is nuance i like open balance industries i was raised in virginia i do not like the 45s but this matches the house but i personally doesnt like the marsh and ironicly didnt help our argument and im worse at this than rose is. Overhead please you can see so the lower left if i stop talking is rose kim and arithmetic Response Time schs fairly large that is an existing retaining wall the argument of the our client he thought he was matching the same size wall i agree it is matching you have opposing properties next to it on some of the other pictures priority by rose kim those properties are one or two blocks away they had brick that was put in 10 years ago and a permit for that brick put in 10 years ago didnt have the matching of the windows ill not use that as an example of great detail our firm made an mistake on the stair permit and made a mistake not having more open detail and made egregious mistakes on the 245 to the north and west as youve answered my question. Thank you, commissioner. I have a question. How long is your firm been in business. 34 u 32 years. How many grarlgz or garages and garages have you done. A couple of hundred. You consider yourselves a knowledgeable firm and i would. Being your experiences and a reputation for building good garages i relative of mine had you had her garage what would why the you start a job before a permit was issued youve got experience knowledge responsibility it seems and why would you start a job before getting permits and then later on in the process again do another job without get a permit with all of this experience and Knowledge Base im sorry commissioner im not sure which job. Did you start the job before you a permit was issued. Absolutely not. The mistake that the only mistake we made on this project getting a restriction project to show rebuilding the stairs in kind and not following that that was the third permit and then i dont think i believe the permit was signed off by planning the fourth permit i personally dont like the design. So where is the difference of opinion is it a difference of opinion or fact where the appellant is saying you started the job before a permit was issued how do we establish that. I dont know. I was only answering the questioning questions about stairs we started the project we put in water water libraries and sewer lines temporary sewer lines we had prirmentdz for that work and when we started the garage project rose kim engaged her only Structural Engineer and survey firm for 8 most to decide whether to increase pin ear property and when this was determined that our clients and rose kim couldnt come to an agreement they decided to rise their permit and put geograduate only on their property not rose kims i apologize. Maybe classification from the department. Id like to get the clarification which the department stands for a difference of fact representation whether or not the job was started before the job was started thank you very much. Thank you very much for being so forward as a my fellow commissioners says it is a compliment youre so proactive in making those apologizes and being willing to make apologizes. Weve made more than one mistake i apologize. Mr. Sanchez. Thank you Scott Sanchez Planning Department we have serious concerns about the plans dont match what has been done and greater stent to whats been presented try to go through the plans on the overhead i show the plans the driveway they show apartmentable area with planting with plantings and also here those permeateable conditions where it has been completely paved over including the corner whether the landscaping is supposed to go that is to avoids sand getting in the way im not a contractor but a bit of a waste to rip out that concrete in order to put what you said youd do think the plans also this deck area does seem to expend to the side Property Line this area is not permeateable that is a planter box and the garage door is wider than on the plans so i did visit the site yesterday evening and informed shortly before this hearing the project sponsor of the concerns with the elevation so the garage door that is circuited today is wider than on the latest provision plans yet they didnt contain all the changes that were made and made known to the project sponsor at a point that was the door of the two units and part of bay into the lower unit thats been built in and now solid a new door off to the side none of those are on the plans the plan is just to rise e rice the sign those plans dont show the street trees i want to see the original plans i have concerned whether or not section 312 should have been performed or or a variance but i appreciate after the project sponsor theyre willing to address the concerns of the neighborhood moving forward either to deny the permit and have it sent back to have full accurate plans and move forward knowing that the project sponsor is going to work with the neighbor and address their concerns or separately in the board want to have jurisdiction and it can be continued i mean it is up to the board to continue seems to me more straightforward to have the matter resolved here tonight and have the permit denied there are so many issues with this permit and have them start over with a new permit. Mr. Sanchez the permit is for the stairs so how do we get at some of the other work not according to the plans thats not under this permit correct. To submit a restriction permit the dbi suspend the permits and have a new permit into one but certainly many issues here that we appreciate the appellant bringing up this to light not the responsibility of the appellant to to the work of such experience but that is how it is brought to your attention. So if i was driving down lake street i have in my youth and was stopped by the policeman that caught me driving too fast i said guaranteeing im sorry i blow it and he handed me a ticket with the fine ive really appreciated along with any fellow commissioner the me custodial percent was offered it makes it easier than having to fight for space but what is the punitive action against the contractor for admittedly not paying attention to a series of issues in the construction and also with regard to the project sponsor you said the garage door wider than it should be not to mention the stairway the focal point but can we as part of your reevaluation should we deny this permit can i require them to make the garage the size it was planned . Can you require them to move that door back to where it should be. Yes, thats something well review and in and of itself maybe allowable but we want the preservation staff to review and comment on those changes and certainly, if it maybe something we can approve but not received reviewed a permit to allow the wildly of the garage and the movement of that car but it is something well review in terms of fees when a permit comes in a corrective violation we can modestly assess a fee of a hundred dollars the building inspection when it comes to the work beyond the scope of the permit. Thats a question for dbi. Whether or not theyll have the work beyond the scope and thats when the penalties are 9 times without permit. I would think in any case not picking on this case if it is discovered that a garage is stent beyond had was acknowledgeed that a message be sent by an action which is not a happy action which would be read reblt build that by the plan approved by planning. They have that option beyond the scope of the Opening Statements to restore it or seek at revision. Mr. Duffy. Good evening, commissioners joe duffy dbi building springtime a restriction to constrict the changes in the existing is front stairs around the stairs with the landing the permit was filed on the 30th of march 2015 it was evolving approved on the 22nd of 2015 and issued on april 2015 and suspended by the appeal on may 13th that was reviewed by the Building Inspection Division because of a complaint and from a building inspection point of view it is a relatively innocent permit not a revision to an earlier permit well be used to seeing the revision permits not on all projects but a good youth authorities people make changes all the time and document them by a revision permit that was an active complaint on the property earlier in dose regarding the underpinning of the i think it was described as that issue got resolved between moving the foundation around their that was not on that tangle around the time the permit was filed i heard a complaint i think commissioner driscoll mentioned earlier do you want me to give you the timeline. The appellant said the construction was started before the permit was issued that would be hearsay and the contractor said we have a permit so how do we firmly establish that. Yeah. I heard the contractor speak and mr. Poly i think emancipated the permit possible a permit for the scope of the permit which was the garage a lot of times youre going to see the work started before is that right no, im not making excuses ill give you the timeline on the we got a complaint on the 31st of march 2015 saying it came in and was police chief the scope of the permit we wrote a notice of violation on the 31st of march that said exceeded the scope of work it references the earlier permits stop work in front of building and then we asked to file for a permit within 10 days and complete all the work there was a two times penalty on 20,000 which was what the senior building inspector assessed it to be a Work Assessment of 20,000 the Building Code i heard this decisions earlier will have a penalty of two times the fee if you were doing work with our department at all it is 9 times the fee it is a reduction of studying the scope it sound like the stairs were in progress from what was on the previous work so the department that issued the notice of violation that was around the same time the Planning Department has a lot of issues are the Planning Department stuff and then mr. Sanchez spoke about that so from im available to answer any questions. So following up so at this point we cant firmly establish that the construction was started prior to the permit being issued that results in the times the fee correct. I would say it was underway but like i said this hemispheres frequently he think most of the commissioner and anyone that works as dbi we deal with a lot of work in progress there are changes made is it always about browns the changes people get ahead of themselves and the exterior building the Planning Department are involved in that we have our Historic Preservation commission and at all of that when we see something inside a building which one moves a closet from one side but we want to get a permitted and act quickly and obviously weve heard the contractor say theyve made a mistake the good question did they start the work that was around that time definitely the timing of the complaint coming in and the permit being filed day or so and a permit at the end of april and our notice of violation at the end of mark it is clear that, yes the work was started before the permit got issued we issued a stop work order at the end of the mark and the permit was not issued until the end of april. Thank you. Any Public Comment on this item . Seeing none, many kim you have a few minutes of rebuttal if you have anything else to say. First of all, i want to thank everyone their time and the input im not an expert in this area so i would ask as part of this im not sure about the rules for rebuttal ill say it is my belief that this piece of work started before the properly issued permit ill leave that to the exert to determine in terms of how to deal with the consequences of that ill further ask that one of the challenges as the gentleman from planning indicated sorry i dont remember his name people that are there additional having to live with this the project has been piecemealed and the permits piece immediately it is difficult to assess the try ending situation will be so ill ask that regardless of the path taken we are allowed to see a complete set of permitted drawings that indicated the final state of the garage with the stairs are going to look like rather than piecemeal that i agree with the challenges this was introduced in the last being this funny timing of oh, did they exceed the beyond the scope of the original permit in may of 2014 or did they actually continued to jump start a permit they meant to get approved upcoming in april of 2015 you know those are fine points as was indicated earlier this is a project that has had a serious of depraved set of plans the overhead garage the position of the doors the gastrospace on the south side of the property theres no way to have a partiallyable set of expansion im not an expert that is how it appears i ask the commissioners require that whatever permit is allowed to be the driving force behind this garage project districts everything in its totally to consolidated plan one that is vetted properly and sxhudz not just for myself but the other concerned neighbors to submitted this along with me as an applicant to this complaint he included a letter and anything else that needs to have a voice in this thank you. I have a question ms. Kim Human Resources has the permit holder had communication with you recently. Not directly somewhere around the end of 2014 somewhere in the middle or end middle of 2014 he sent me an email indicating that firefighter notification to mr. Pollard and his company and delegated all things and he notified me initially he agreed to pay for the Structural Engineer but no longer support those fees and he again delegated everything to mr. Pollard. Artie. Thank you. Question hear rebuttal from permit holder. Thanks commissioners to get back to commissioner swig was the work started before one way or the other without a permit for the stair hundred percent and entirely a mistake we it is our mistake client requested it we made a mistake i didnt looked at the i got the third provision i did not understand it i if this what the client wanted i made a mistake we have no issue with the praeshlt one thing this project was on hold for 9 months back and forth with the consultants so the reason we put the concrete in and the soapbox to get part of the project 0 it is not blowing sand we have a barricade around this property the problem the sand and wind up and down 5th avenue our intention on putting in the concrete and all the cut lines to be removed was until the project is complete so again i would respectfully ask the commission in possible to amend this permit with all requests that rose and margaret and two i found out about on the to further request the garage door be amended on this permit no final can happen on this project until theres an 8 foot garage if theres a window or door taken ousted by the client that has to be permitted or put back in i sometimes think that people dont thinks our permit was at garage door we dont do kitchens and bathroom we are not to the contractor with that said we take hundred percent responsibility for our mistakes and to answer commissioner swig have we been in business long enough to not make those mistakes you bet you the building inspection asked me are you sure youre doing this right and i said oh, darn Serious Problems so one quick thing on rose kim is that i understand it unless im being told i think correctly the client paid for accident surveyor after a year and a half if theres any more fees im time out if im mistaken i apologize. I have a question mr. Pollard have you think in contact with ms. Kim and you cant answer and yes. I think ill wait for the department okay. Thank you. One question is that owner occupied. Yes. One hundred percent family and mr. Sanchez is there a question for mr. Sanchez or for mr. Duffy. No, i think im fine commissioners the matter is yours i think the appellant agrees with the z a both want a consolidated set basically would respond to the various concerns
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