Again, we would like to have this permitted before, the appeal denied. If you have any questions i would be happy to answer them. I have a question. First of all, your brief was well laid out in response to the appellants brief, what youve done, what you plan to do. You mentioned that the owner, contractor has been doing business in San Francisco, knows the permit is from modesto. The contractor is not the owner, but the contractor is from modesto but works in San Francisco. A handful of other projects currently Going Forward. I think the reference by appellants counsel was not the contractors working on other projects, not the owner. And then, the last question was, goodness, i forgot. Thats it. Thank you. Thank you. We will now hear from mr. Mr. Duffy. Commissioners, joe duffy, dbi. A lot of paperwork on this one. We will start with the permits, im sorry the permit that is under appeal, the kitchen and bathroom, three apartment units, no change to existing layouts, units 821, 825, 829. That permit was filed on june 6, issued on six june, and then suspended on 21 of june. There is another permit currently became in there, in july. Remodel of five units, unit 21 will not have had any work. Modify floor plans, that permit has gone through a lot of revi review, through planning, mechanical, Fire Department review. We had a soft story on the building, which got completed and the certificate of completion got done. That got done when they signed off on january 30, 2019. It looks like the work was done between september 2018 or january 2019. That is good that they got that taken care of. They have for standing complaints on the property. I havent spoken to the building inspector. I was just researching this today. The notice of violation was issued following an complaint. Ill just read it out to you, looks like they have some issues they need to resolve in addition to this board. The scope of work on the suspended permit, and another permit, removal of structural and nonstructural have been installed without plans, or approve permits. Units 819, 825, 823 impossible 829, work has been covered without the legal inspection division. Compliance with chapter 34 of San FranciscoBuilding Code regarding lead and i and asbestos issues have not been addressed. Regarding structural issues, retaining new Building Permit with plans, and amended evaluation of safe lead and as work as design. Safe inspection before resuming any work. Basically what that is saying is that the project is currently shut down. The permit that was suspended was stopping the work anyway. In addition to that, we now have a notice of violation from the building inspector. Basically saying they have exceeded the scope of the permit. Some structural work that was not part of the permit under appeal or the earlier permit in january, which was for kitchen and bath remodel. Theyve got a few issues now. They did find the permit that complied with at violation. That is the one that has gone through in july, but they. Some people they do not have it issued yet. When there is a permit under appeal, we do not like to issue additional permits because he gets in the way of the appeal process. If someone got there permit appealed, or simply came in and got another permit, it would lessen the appeal process. So, i guess what im saying is, they have some issues to resolve right here. Im not saying they have gone about it it sounds like, and they got ahead of themselves, i would say. I didnt hear it from the contractor, i think he is here tonight. I didnt speak to the building inspector about this building. It definitely looks like they do need to get their ducks in a row, and try to get this resolved. They obviously have the issue with the tenant as well. I am available for any questions. The appellant had a list o of well, ten, 12, 14 conditions Going Forward. The only one that strikes me as potentially something that could be part of the permit would be the hours of work, but i am not certain that any of the others are relevant. Have you had a chance to look at that, if not, could you and get back to us . I did look at it last night, i read it at home. Sometimes i think before, they come up with an agreement of what they will do, and they will work between eight and six, i think this board has done this so well, they allow pretty generous. I think the board can do that. The other items, i thought it wasnt really anything to do with d. B. I. Thank you. The question was, one of the requests on the list was to ensure that work is not performed in the appellants unit. I know there was in compliance, i think its exhibit d of the respondents brief. You just read it that unit eight does that cover the subject permit, or do we need to add that the subject permit which includes 821 would specifically not contain that unit . Does that make sense . There is some request for assurance that 821 would not be subject to remodeling. Because there are a number of permits, i want to understand the distinction between the permits. Right. It looks like they put that on that permit and then i got appeal. Every permit. Dot theyve got to comply with, the inspectors noticed a violation. I read that out that unit 821 will not have work. So mr. Duffy, in terms of the allegations about construction, what work does d. B. I. Have in policing the construction process after the permit issues, and in terms of what you have seen here. Is there anything d. B. I. Would do to ensure this particular project is moving forward as it should . Thats a good question. Obviously doing it the right w way, from d. B. I. You get your Building Permit before you start your work. You do your demolition, you do whatever whatever electrical you have to do, whatever plumbing you have to do. You get rough electrical extractions, you get rough plumbing inspections before you cover. You get a building inspector to inspect any possible framing that you have done, insulation usually goes into the exterior walls. These are permits that we get with our plans come on talking about here. That would be if were doing this are permits under appeal, kitchen and Bathroom Remodeling permits we see them all the time. We like to be involved in basically we make sure there is no additional work being done, which in this we would check f for, any Building Code requirements. When you open up a lot of these buildings, they had old plaster. They just usually upgrade the electrical, the plumbing, insulated exterior walls, sheet rock it again and put a new tile and fixtures. Theres not a lot of alteration done to the framing. Theres not a lot to look at. But there are certain things. They are easy inspections is what im saying, as if its done right. In this case they got the permits, they got ahead of themselves and they did some work that would have required plans. Now were looking at more issues because we are looking at new framing and the structural members. Looking at engineered drawings. So it takes a little bit longer. Sorry the three separate divisions are there, you have building, electrical and plumbing, theyll have to inspect the work. Quality of life issues with debris falling, thus getting into other units, the building inspector should be told about that. We will speak to them about that. They need to do better on that. What about Security Issues with holes in the walls . Yeah, the Building Code does address that the site has to be secured. Safety issues and all of that is in the Building Code. A lot of times when i get those, i will simply make a phone call and say, look, we have a complaint, were coming out tomorrow. Get this fixed in they usually do. They are listening. Thank you. Is there any Public Comment on this item . Welcome. My name is sarah, and i believe i am your neighbor, i live at 22nd and york street. We were here before this board last year appealing a permit. It is obvious to me this gentleman really wants to stay in his home. I was wondering if theres been any discussion of perhaps negotiating with him on the owners part for maybe him purchasing his home or, you know, just some kind of dialogue between them where they could possibly stay in their home . Thank you. Maam . Can you please put your name on the speaker card . Thank you. Any other Public Comment . Seeing him. We will move on onto rebuttal rebuttal. You have three minutes. Thank you. First i would like to give my client the opportunity to finish the statement he was reading earlier. Will continue our left off which is basically to paragrap paragraphs. A laundry list of issues created by him, i would like to highlight more egregious examples for the board. First the contractors left the front door, of the building wide open resulting in the theft of my bicycles, my sons bicycle, including one valued at approximately 2,000. I asked them for their insurance on this, they refused, they were not give it to me. Second the scaffolding, and the scaffolding mesh they left it in place for the better part of a year so far without any work necessitating the scaffolding being done. Constituting a security risk. Third, the generally negligent approach during and after work each day, even the last couple of days per they were not supposed to be working. I spoke to mr. Gonzales and they said they werent doing work the mailboxes right now, they didnt even touch them, they took them down, they are flopping, you can get right in. They just did this a couple of days ago. This is a lazy approach to debris cleanup, each and every day. If the board is not inclined to take my word for it, it is my understanding they have had numerous notices of violation, issued by the department of building inspectors for performing work outside of the scope of true permits. I informed you of these issues since i made one of the complaints only for kitchen and Bathroom Remodeling but they completely gutted the apartments. All im asking here is for the board of appeals to condition so that they meet safe, ethical and reasonable requirements. I have personally seen numerous weeks where there were no contractors working on the buildingbuilding, only to startt thing in the morning on saturday or sunday. I also believe it is completely reasonable to ask for detailed construction plan, and work schedule for the entirety of the project, with scheduled updates to completion. No professional contractor would operate without these. Its strange credibility to think a client would sign a contract without them. If planned work is going to be particularly extensive during the week, maybe i can plan to take my family out, off premises. I would also ask the board to ensure that hampshire flats operates legally and ethically within the conditions here. I am new to this process they would like to ensure the safety and quality of life for me and my children. Thank you. Trent 20 thank you. I have a question for the appellant. I guess whoever wants to answer. The briefs emitted by you, as well as by the permit holder there has been discussion about ensuring that work is not performed in your unit, do you feel satisfied with the documentation, thus far, that work will not be performed in your unit . I guess so. I understand it was a mistake on their part. That is when i made the that is when i did this filing here. Previously they were in the other units, their six units with their own addresses. When i saw 821, i thought holy mackerel, theyre going to come in and get this place. This is what the processes. I think so. I hope so. It appears that that is the case. Thank you very much. Another question. Your original scheduling for this hearing, i believe, was in august and, you know, the permit holder was willing to extend it even though their permits are being yeah, on pause, right . Is that normal . They seem like they work with you on that what i would say to that, commissioner, is that it is completely true that we stipulated to the extension and rescheduling. Did they ask for an extension or did you ask for an extension extension . That was a joint decision between the two of us. That is the best i recall. It was important to me at that time, because given the briefing process, obviously the appellant is responsible for the initial briefing. It was obviously to Mutual Benefit of both parties. Less attorney hours on their end and less attorney hours on our end. Thank you. Commissioners, to address the one point at the end, who is a proposal was it to continue this hearing . It was not mine, or my clients. It was for the respondent to negotiate, and i knew he was under pressure because he had to file a brief period we allowed for that because we wanted to try to resolve this. It delayed the project by two months trying to move this forward, and this particular permit. As you can see by the communications between the parties, we worked extremely hard to address his concerns only to be rejected. Again, i do not think his request, the laundry list is within your authority. We were willing to work with him and mr. Castro to try to address those. As for the scheduled hours which i believe are in your authority, we have proposed 730 7 30 a. M. To 6 00 p. M. Monday through saturday. Not eliminating the whole weekend are starting too late because of time getting in and out. The other request, again, not within the boards authority, we are willing to do. Giving him the particular schedule for the entire project is unfeasible, because even our client cannot get it, my client, because conditions change. Seventytwo hours to give notice about certain actions, also impossible, because things change. We propose 24. Just to show we are willing to work hard. As to the issues related to scaffolding. It is required by state law for it to be done because its too high. We havent been able to move on the windows in part because of all of these problems. One of the windows is actually thierry castros unit. We have no idea if hes going to let us work on those windows. We cannot hire the Painting Contractor until we have this worked out. On the issue of the other, aga again, we are not prepared to talk about this, we could, but we are not. That was not on todays agenda. Todays agenda is about the single permit and the issues around this permit. To mr. Duffys point, i beg to differ, with the records that we have, one of the permits is active and that is why people are visiting the site to see what they can do. That is permit ending with 0671 which is work on the unit. Initially that scope was beyond it. We explain how it wasnt and that was reinstated. Again, theyre going to have to work with all of their permits. This permit is the one before you. On this one were trying to meet every requirement we, because there is no basis for it. There is nothing here to justify the evidence that is not there. We have a right to move forward, and we would like to have the permit denied. Thank you. On the subject of the specific permit and whether it should be denied or upheld. It seems to me just reading the language of the unit it would include the appellants units, which was a mistake or an accident, whatever you want to phrase it. Therefore, the current permit is by all parties agreed to not be performed in that unit. Is that an accurate understanding . Correct. To say it was a mistake. This was obtained over an explanation was given for the project. At that time there was no intent, or any intent now to enter a unit that is occupied. Obviously if the unit became vacant tomorrow, the permit would allow us to go forward. If there is a modification that the board feels is appropriate to indicate that, we are happy doing that. No one is trying to interfere with this unit. No one is going to going to do any construction, or demolition in his unit. We will repair any issues that relate to the unit being up to standard if it needs to. For example the issue he raised earlier. That answers that question. The other question i would raise, and i think concern would be while the violations of the other permits are not a subject of this hearing, does raise questions as the clients performance of the work and they are exceeding the scope of the work which then raises questions around, you know, are they over the scope of this current perm permit . While it may not be the subject of todays hearing, it doesnt look good, at least what we have heard from the building inspector. I dont know if you have anything to offer in defense of that work that was performed out of scope . Again, i am not prepared to discuss it. The best of my understanding, there was a project manager that was referenced earlier, she has been terminated. My understanding is she may have misunderstood the scope and there was some confusion on that one. Because of that it was presented back to d. B. I. And there was a reinstatement of that permit. I dont know about the other ones. I understand there is some complaints. One is about a porta potty. Im not sure of all of them. There is no porta potty on the side anymore. We would address any and all of them given the opportunity. We want the project to move forward. We want to comply with the requirements. Here today i want to say, we have done everything we can. Thank you. To follow up on that, whether the project manager was fired or not. I see permits all the time thats a kitchen and bath remodel, exploratory demo and roof repair to get them in the door and then they decide hey, lets build a brandnew building. What part of your clients and whether it is privy to this case or not, these are questions im asking you, the other thing i is what the board can and cannot do, you would be amazed. Really. What happened . I would like you to explain. Have the contractor here. I wasnt trying to say you have power, you do have power. My point was i just you know, as my fellow commissioner has stated, youve got an appellant that is complaining of all of these issues. Your brief says you have resolve them, youre going to resolve them, but yet we see a notice of violation that you did not even start off right. He basically said youre going to do a kitchen and bath, and you gutted five units. We didnt can you explain . Ive been in construction for 30 years, and ive been managing this project for the past seven months. We started with 827, actually that one does not have a structure or anything like that. That is the first apartment we started work. There is no structure. We took out the permit for the kitchen and bath. Before you go further is your Company Responsible for pulling the permits . Yes. The designers on the project and a jerk, like he was saying, from the Previous Company came with a different design, and we started doing other projects while this one was empty, the unit. So, as