a month but they provide some greenery and benefits to overall quality of life. thank you. >> mr. buck what were or year with the encroachment permit and the encroachment permit minor sidewalk encroachment permit was initialed in 2001. >> okay. there's two other questions i have that it's more a nature of clarifying what the code is. if i was to put a potted plant beyond my property line in front of my house would i require an encroachment permit >> you would not it can be done curling two ways one so there a tree planting application so long as the container is 3 by 3 no more than 3 feet in height that will be a tree in a container also the director of public works issued a letter saying there are many trees up against the curve that provides benefits to the public right-of-way and to permit those to exist they've written a order under director reiskin establishing planter for placing them in the public right-of-way those don't require trees in them. there are often a minor encroachment permit the material a heavy more subsequential like furniture that is harder to move when a it is soft there's a couple of ways to put a at that particular time in a public right-of-way without requiring a minor encroachment permit >> the other question are there guidelines when it's a plant vs. when it becomes a tree. >> generally a tree is a large woody plant in this case we consider the palms to be potential street trees if the species of palm is not as tall as the mexican fan palms but can grow 20 feet in height we'll consider the palm trees to be tree like in our current state. >> okay. thanks. >> i have a couple of questions how long have those trees been there since 2001 and exactly it was issued in 2001 and atlanta the pictures is that the average growth for the trees. >> that looks like it's average their barley a couple of feet beyond the planter in 2001 they're slow growing the fact they're in a planter their slower growing but receiving enough water to keep them green. >> okay. thank you. >> any public comment on that item? please step forward. >> (inaudible). >> next door neighbor. >> this first photograph shows my tree which i planted same species by the way, about a year and a half ago. and i support the fact we should maintain those trees or try what the board initially said i do not want to remove the trees i invested good time and money and resources in trying to maintain this tree. and i do water it frequently and i try to maintain my debris around the area or at least remove the debris around the area. the following represents varying examples which support my position. we have crafting architecture here i felt those trees somehow made this and i thefk a lot more interesting area and also my notation existed or it was borrowed in part from the delores strip of palms which is famous all over the city i felt this was a reason to continue the page row it is no way open the same similar scale as the delores medium strip. so the addition of my palm create a unique stretch on my block we have 4 palm trees in a row awe fronting 3 adjacent properties. the trees as i mentioned before were well cared for i moved there in 1990 they were there. i appreciate the fact that the palm trees for me especially, since my garage is right here visible i don't have a big maintenance problem based on a lot of leafs to clean up. i support keeping the palm trees next door. and i wanted to point out that there's a whole section here 1/3rd of a block is a neighbor point out there are no trees at all. and so if we are remove those trees the block would really have an unevenness to it. so there's some 35 people in the neighborhood that really like those trees concentration of people on both sides of the street 35 is a minimum number. and i really hope that we know keep those trees. based on the support from the neighborhood and all the signatures thank you >> thank you. >> thank you. next speaker, please. >> the graphics. good evening, commissioners robert minutes i reside on 20th street we're the tree hugers in the building we agree with the departments decision to deny the application of the trees without replacement if they are removed they should be replaced a former resident said the boxes were installed at that time, it was grandfathered in this is a picture of the page trees today their healthy and sustainable this is a picture of them when we were at the department of public works appeal hearing on march 26 and a picture what they were first applied to be removed in july of 2013 there's new growth at each palm tree we have a quote for $250 to replace the planter boxes if their repaired and repainted they could be a seat to the neighborhood inform many years the stretch of 20th street near van ness it is as one approaches the tree row one is approaching a small oasis first as concrete the street trees and boxs make an appealing vision to the blocks of the neighborhood they're a buffer from streetcars and traffic and people in the neighborhood appreciate that numerous studies from the urban forestry have noted there are fire crime this one those without trees and the trees and mraefrnt boxs they don't cause harm harm the sidewalk or interfere with the utility lines and minimum cost is in the 15 years that max destine only sees only the painting of the boxes max destine and i water them with a watering can more in the summer and less in the winter in a manner not wasteful we remove my graffiti as soon as noticed and also most of the neighborhood especially around where the palm trees exist support the denial of the application to remove the palm trees riot replacement if you look at the high concentration of the neighborhood that supports this position >> thank you. >> question you made reference to painting and removing trash how often is that a problem. >> i have to say there was very little trash that was played up there photographs in the other materials that's the exception not the rule we are the ones that pick it up sometimes on garbage day but it's unusual to find trash. >> what about the graffiti issue. >> graffiti the last time we over panted a small patch the greatest graffiti was a 3 months ago but we walked outside the only if we see anything on the boxs or inside we remove that. >> you wouldn't consider s it a nuisance. >> no everybody loves the trees other than the applicant everyone is stravp their head saying why do you want to remove them we're responsible for mom and pop them it's not a burden to the building. >> thank you. >> thank you. next speaker, please. >> hi, i'm a homeowner at 3634 on the street thank you fewer allowing to he e it speak i'd like to call your attention to those letters they were submitted during the last we can have august and left out of the packet i represent fully we were told they were supplied separately i ask you look at the letters two pages each and my speech brown will gloss over some of the things i preliminary the request to remove the trees from the sidewalk is not based on the health but on the containers themselves the containers are indeed an attractive nuisance are 3 feet tall the palm are no longer 6 feet tall and thirty years old not 6 or 10-year-old as what was pointed out in the hoa association we clean up you human waste and trash clufd in the past needles and n the containers attracts and encourages incidentally e impropriety behavior that in ground trees don't the containers you can see here and here are made of painted wooden boards and have reached the end of the life it is an spontaneous and represent a public hazard in which the hoa needs to be rid over the last couple of years the homeowners association ruled out repaired or new w507bd containers because of the style of the building and leak and wastewater during irrigation inasmuch as dpw didn't provide direction about the containers they'll have to cup occupy the same footprint which means that palm tree roots would be subsequentially trimmed down during the repotting that will dramatically decrease they're likely hood of survival and finally they're being in the containers 38 they require several gallons of water you'll see the water leaking at the bottom of the container it's not sustainable and a waste of water during the extreme drought on the other hand, and not keeping with the water reduction of 10 percent in conclusion i ask the members allow us to remove the containers and trees replacement. >> thank you. >> thank you. next speaker, please. >> and as a reminder the officers of the homework association are not allowed to speak resident are. >> thank you. next speaker, please. >> good evening. i'm michael. i'd like to begin by thanking the board by allowing me to address this my husband and i own unit one and on his support to religious the or remember the two trees and planters located outside my residents my husband and i we have the grandstand seat of the two planets so we get to witness the public toilet and a place for sleep over i know you've heard the trees planted in the ground get treated the same way i disagree people stop to knockoff a six-pack or do drugs and leave their paraphernalia behind you know we see it and hear it and we clean up every morning harry's as being suggested there's a appearance on a mraefrnt you can put lipstick open a pig it's still a pig this is not going to make the planters look better and the neighbors have tried and those are the two planter i'm talking about the neighbors fixed those two years ago and they're not holding up. it's a short-term fix to a longer problem and does nothing to fix it is unhealthy with the neighborhood apart if the safety concerns according to the report the palms are in poor health and, yes one of our neighbors will tell you there's recently growth their trial 80 trying to safe them by giving them water everyday it's inappropriate because of the drought. and truly is a waste of water. it's easy for people to take a few moment to sign a petition, however, they don't deal with the safety and health presented, however, if something happened to them the hoa will foot the bill it is a simplified campaign i seriously do you recollect those who signed read the brief and some things of the trees lacking on the 24th street they have underground planting quite a few of the of the people signed the petition it's interesting none of rushing out to get a encroachment permit again, thank you for your time >> thank you. next speaker, please and any other public comment we'll start our rebuttal starting with the appellant please step forward. >> okay. so clank is not bad the hoa has witnessed the planting of 3 new trees we've seen the desire ability for a designation of shopping and spending money and leisure time it's lead to increase in the foot traffic and all removal of the containers will enhance both the safety and appearance of the property and neighborhood it removes real issues associated with the trees. when you see people listener in front of our property and dropping trash and urinating it is trying to reduce criminal activity is not working and the trash and containers are offered as a suggestion to resolve this but it doesn't also no one in the hoa including her or monthly go can inadequately address the loitering and large obtain disposals and human waste. also to note the homeowners association is responsible many have tried but like any owner in the building she can move out and that leaves the burden to be on the homeowners association. mr. dale bailey tries to create a palm tree row he would have planted a different tree with all due respect to mr. bailey will i i acted on his own accord and never approach outdoor homeowners association we didn't know about the palm tree until it was planted in the ground we regret that mr. bailey didn't read it he has had american people empty plot and here's another opportunity to plant a tree in the ground and feinstein i'll respond to the signatures it's a simple matter for a signature form when they face to hardships day to day or year after year thank you arrest you mentioned in our earlier presentation that you would take attorney's fees to from others for those trees have you having had any interest >> we've haven't made offers we're saying in the board of appeals will guatemala's the right to remove them we'll reach out to the community we've got a list of signatures and can send a letter out to them to see if they're interested. >> thank you. mr. bucks any rebuttal? >> good evening chris buck with djs urban forest triy i'll keep it brief it's difficult to estimate the age of trees size is not an indicator of household that's good information those palms go were in the contemporaneous for a longer time someone get the permits in 2001 that clears up background just when and how they were placed in the right-of-way whether a requirement or done voluntarily. we feel that the palm trees are a reasonable choice for the containers their drought tolerant they require water because they're in a container we felt that the trees in containers are sustainable but no other point to mention >> thank you, commissioners the matter is yours. >> you know, what i first looked at this i wasn't sure it was a tree. well, it's not just size bus the fact that well, let me restate that i think it's more in my opinion this is more like a fixture that's belongs to the owner and at one time they wanted the fixture and now they don't want it so i don't know it's an issue of the tree but a question of that puts this particular planted in a slithering different situation than the tree reformers we normally get so i'll support the owners desire to remove it >> await replacement. >> well, they can't replace it because of the utility line and things in front of their house. >> any motion. >> move to grant the appeal and to grant the permit to the property owner on the basis that. >> undue burden on the homeowner? >> yeah. that's a fixture. >> not a tree and not a planted tr tree. >> okay mr. pacheco. >> we have a motion from commissioner fung to over rule the denial and plant the permit removal without replacement with the finding that the palms are fixtures and not street trees. >> the palms in containers are fixtures you are turns. >> with that, paemgz and containers are fixtures and not street trees on that motion to overrule with that finding commissioner hurtado. commissioner president lazarus. commissioner honda. no >> the vote is 3 to one because of the boards vacancy this denial t is overly ruled this permit shall issue with that finding thank you. >> okay. thank you he. move on to item number 6. this is appeal matthew vs. the department of public works bureau street and mapping on missouri street protesting the issuance of july to bell engineering of a utility excavation permit to install a new permit this is with the appellant >> commissioner i'll recuse myself in the past it is the conflict and ask commissioner hurtado to chair this portion. >> thank you. the other microphone, sir >> use the other microphone please. commissioners. >> would you like copies of the point slide. >> that's not necessary thank you. >> good evening board. i want to take the opportunity to present i'm matthew brendon dpon no 1 on missouri street just three houses down i'll use my time to address the respondents brief please follow along with the brief that's helpful i plan to address all their points so first regarding their statement of of fact app at&t is exclaiming no community opposition was received at the time of the dpw hearing. you see here this is the order that dpw laid out at the may 19th meagerly or hearing the 5 dash 16 are part of the public record. as shown in the dpw comment tracking worksheet there were no comments in support. however, i believe those commentss observations were miss carding as two late because the notice of intent date ways used instead of the cut off date the dpw staff acknowledged those received when i asked dpw for those comments they informed me they've discarded on the grounds they were it deemed late at&t's argument the point of contention we're here to discuss the surface mounted facility will not impede the