the basis for sequa determination and subsequent appeals is not at this particular board. and at least it has not been since the charter has changed a couple of times with respect to the powers of this board. the second issue related to, it appears to be one of the major issues for many of those in opposition, tonight. and it deals with the over all management of the open space and with the combination of risk assessment and valuations of the existing trees. and that is also something that is not necessarily part of this particular board's issues. what is before us is a permit that relates to the building, to the tennis court, to the paths around it and perhaps, to the landscaping that that is impacted by this particular permit. and then the question is and it has been brought up by a few of the speakers, some concern with the tree that are being removed to relocate the tennis courts. and it is interesting that the two play grounds that have had tennis courts, that came in front of this board, both have relocated functional tennis courts in light of a master plan. i will n

those the board of asupervisors does regularly deal with the sequa appeals and i am available for any questions. >> commissioners? the matter is submitted. >> i wanted to confirm one thing, and i am not sure who it should be addressed. >> but a permit is not required to take down a tree on rec and park property? >> that is correct, commissioner. >> i have a question, of rec and park. you know, it is clear that the principle issue here relates to the trees and the removal that rec and park feels was in jurisdiction to do as it wishes. to the extend that you have a plan for the planting of new bushes or whatever it is that you are proposing to do, has that been sort of laid out and also put before the public as part of that process? >> yes. i included in both in the appendixes but we have posted that on-line. it is also has been submitted to various appellants have actually sunshined those documents. we have 163 trees and we have inceased the number of trees for a variety of reasons, we now have redwoods in the plan which were very large trees. >> are they mature trees? >> no. we find t

i'm acceptive of the fact that their argument that sequa is appealable to the board of supervisors. and i guess my discussion bored somebody. >> are we out of... >> do we need to move? >> do you want to take a break? >> let's take the hearing. sil mobile devices that may sound off. if you would like to speak on an agenda item please fill out a card and speak into the microphone and state your name for the record. at this time i will like to take roll. commissioner president fong. >> here. >> commission vice president with you. >> here. >> commissioner antonini. >> present. >> commissioner borden. >> here. >> commissioner hillis. >> here. >> commissioner moore. >> here. >> and commissioner avery. >> here. >> commissioner sugaya. >> here. >> first up is items for continuous and item one at harve street and proposed for continuous until december 13, 2012. further under the consent calendar item six at 2895 san browny avenue request for conditional use authorization. this project sponsor has requested a continuous to december 6. >> is there any public comment on >> we