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concerned about, you know, specifically adding the condition, it may not be necessary, at least <br />thats my interpretation of what the opinion that Mr. Domingo expressed. <br />GRAHAM:Okay. <br />DOMINGO:Mr. Chairman? <br />GRAHAM:Also, hang on a second, please. Mr. Woodward had a question, I believe, <br />or a comment. <br />WOODWARD:No, I dont really have a question. Its just a comment. I think, it seems <br />to me from having reviewed the written testimony and heard from the people today that the <br />developer has bent over backwards to try and make everybody happy, has worked with the <br />neighbors, has no real opposition from the neighborhood and has considerable neighborhood <br />support.SoIthinkwiththeconditionsthatwevetalkedaboutandthefactthathehasbeen <br />flexible, has changed his plans with regard to driveway access, worked with the neighbors, I see <br />no reason not to approve his proposal. <br />GRAHAM:Thank you. You may go back, please. Commissioner Domingo? <br />DOMINGO:Mr. Chairman, Im not trying tobe over-critical; but Ive had an <br />experience in the past, where as a former Councilman having sat in the Council and having a <br />similar kind of agreement made, but there was no record of that being in the record itself. And at <br />a point in time after the development had been developed, I dont know if it was a store or some <br />kind of a restaurant or whatever, and it was an agreement between the neighbor immediately <br />adjacent to the property to put up a wall of some sort, whether it be a wooden wall extending ‚xƒ <br />number of feet above or a brick wall, I dont know. But the fact of the matter was that if he had <br />done that then that would mitigate the noise coming into his property and someone trespassing <br />into this property. He had fruit trees and, you know, people would come in and help themselves; <br />and even for that matter after dark, when it was dark, people would go into the parking lot, they <br />would go on the side and pee on his property, you see. And then the fact that there were no <br />requirements for lighting standards in the parking lot that created quite a problem. And we tried <br />to assist him in having some kind of remedial action taken, but to no avail because there wasnt <br />anything in the record that this was agreed upon; and we had not made that as a condition of <br />approval. <br />But rather than making this as a condition of approval of this ordinance, and which I have no <br />problem if we have it on record, then as I indicated the neighbors at a later time has some <br />reflection on what was agreed upon. Now what if the developers by some change of mind decide <br />to sell the project, you know, and sometimes some of them do that, now having taken out one of <br />the principals in that agreement theres no other way that the neighbors can have their wall put <br />up or anything, with the exception of plan approval purpose, you know, during the plan approval <br />process when this can be considered. But since the developer himself indicated by agreement <br />that he had done this, having this as a matter of record would certainly give me some comfort in <br />knowing that it will take pace. <br />GRAHAM:Thank you. <br />11EXHIBIT A <br /> <br />