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DOMINGO: Thank you, Mr. Chairman. In reference to Mr. Silva’s letter Point No. 2, <br />you know, since the special permit is based upon it being an unusual, unusual but reasonable use <br />of agriculture property -. Now if this is approved and the surrounding property owners are <br />conducting a regular agricultural endeavor which involves spraying of herbicides, fertilizers and <br />what not, would the burden be on those conducting legitimate agricultural pursuits to notify <br />those with this, obtaining this permit for this unreasonable use, I mean unusual use? Whose <br />burden would that be upon? <br />DARROW: I’m trying to understand your question. You’re -? <br />DOMINGO: I’m saying, what I’m saying is that at present with any agricultural use <br />you’re entitled to spray herbicide, spray fertilizer or do whatever is necessary to take care of your <br />farm. Now if I’m a farmer and the adjacent property would come in with a different use, yeah, a <br />use such as described in the application, would I be restrained from doing anything as I would be <br />usually doing as I farm on my property? <br />DARROW: Based on the Right To Farm Act, there are no restraints on your part. The <br />applicant or any person that does anything different than farming on other properties, B&B or <br />whatever, they won’t be able to complain or to be able to retaliate against farmers. <br />DOMINGO: I just wanted to know how the Department will look upon it. <br />DARROW: Yeah, this would be under the Right To Farm Act. <br />DOMINGO: Okay, thank you. <br />WOODWARD: Let me just ask one question I didn’t really get an answer to. This new <br />survey, do you have the actual survey or do you just have the change in the amount of acreage? <br />DARROW: I don’t, unless the survey is within the packet, the one that’s identified as <br />the site plan, I don’t know if that’s the survey they’re referring to or if there was another one that <br />was done. If there was another one then we don’t have a copy of that. <br />WOODWARD: Okay, all right. Thank you. Any further questions? All right, if we could <br />have the applicant and/or the representative come have a seat and we’ll swear you in and get <br />your testimony. Okay, if I can get everybody to raise your right hand. Do you swear or affirm to <br />tell the truth today before the Windward Planning Commission? <br />TESTIFIERS: I do. Yes, sir. <br />WOODWARD: Okay. And whoever would like can start first. If you’d give us your name <br />and address, and then you may begin your testimony. <br />ZELKO: Okay, great. Jennifer Zelko from Torkildson Katzs. And I have with me <br />Newton Chu, he’s also with Torkildson Katzs; and we represent the applicant. <br />5 <br /> EXHIBIT B <br /> <br />