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2006-12-06 tmartinage-nunn
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2006-12-06 tmartinage-nunn
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YUEN: Yes, just that what we would expect to -. We have put on the record <br />through the exhibits that you already received most of what the Department would like to say. <br />Since this has come up as an issue on the question of the right to farm, the ability of people to <br />make complaints when there is a Special Permit, we would offer some testimony about those <br />issues specifically when it comes our time to offer testimony. I’ll be doing that. <br />ALAMEDA: Okay, thank you. Applicant, anything else to add? Applicant, go ahead. <br />CONVENTZ: I would like first to submit to this Commission that the typical eco- <br />vacation nowadays is actually what people accepted in earlier years, may be most thinks of cows <br />and horses and cows and the early chicken; and today we are more mechanized. We use on both <br />sides of that boundary, Martinage as well as the intervenor, machines in the morning and <br />throughout the day, and that might be from dawn to dusk, yes. And certainly, vacationers <br />seeking such a vacation are aware that they are on a working farm because Martinage and Nunn <br />the applicants really offer this as such. And certainly, the noises are on both sides; there are <br />agricultural activities, the basic activities on both properties, they are no different than any place <br />else. And I think if in that case something additional and hardship would be imposed on <br />Martinage and Nunn, it would be actually a singling out under the rules. And it should also be <br />pointed out that admittedly that in the past previous owners have had some illegal activities, and <br />it is certainly buying the property for this kind of amount what we are spending today for <br />property of this nature and size, it is quite a sacrifice to get -, without being forced to do that <br />right away to all those places which caused the problems in the past, possibly they are going <br />away. And as Mr. Martinage already pointed out, that their basic business is farm activity and <br />both farmers work the farm, and do they ever, just as loud -. Actually the last three visits I had, <br />they were louder than the neighbor; I didn’t hear a machine from the neighbor yet. I think the <br />problem the intervenor has is actually a little bit overboard. And therefore, I don’t think in <br />particular -, since they like each other, they work together with each other and they are buying <br />his produce, whenever I say “they”, I mean the applicants, I don’t see really the problem. <br />ALAMEDA: All right. Thank you. Just to remind us on the process again, so that’s <br />supposedly the opening arguments. All right, so now it’s like testimony and we don’t actually <br />have public testimony. So, applicant, do you have anything else to add or to provide, you know, <br />in terms of witnesses, exhibits, other evidence? <br />MARTINAGE: Just one fact that it is a five-bedroom home; and whether it’s a bed and <br />breakfast or my family of five, those bedrooms would be full. And so the respect that would be <br />applied to that would be what I would like to bring to the table. If I have two sons and their <br />daughters come and I have my wife and it’s a holiday, I have more people that would ever be <br />proposed in my bed and breakfast at my house. And so for that reason, we actually are managing <br />it more than what it would be if it was just left as the property at the -. So I appreciate that <br />consideration. <br />ALAMEDA: Okay. Thank you for your testimony. Sir, anything else to add in terms of <br />the testimony part of it? <br />FARWELL: Only that the noise issue is, is somewhat infrequent, but nonetheless it is <br />pronounced. I would say that if the five-bedroom bed and breakfast were in operation there, then <br /> EXHIBIT A <br />22 <br /> <br />
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