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TORIGOE: Thank you, Mr. Chair. Your Rules say, of course, that the Commission is <br />supposed to take up the standing matter and grant or deny such a written request prior to any <br />further action on the matter. So, it should be the first thing that you take an action on. However, <br />if you feel that it might be helpful, you know, to allow public testimony because they may want <br />to address things that may be relevant to the standing as well, then it may be a good idea to do. <br />ALAMEDA: Okay. Commissioner Watanabe? <br />WATANABE: I have a question because it looks like the contested case hearing is all <br />about the potential noise and potential conflicts with the bed and breakfast existing in the <br />agricultural area, and it seems like the person feels as though once introduced the bed and <br />breakfast, you know, he won’t be able to start his business activities till a reasonable time, etc. <br />But I don’t see where we would put any restrictions within the Ag District what time they begin <br />their business or anything. The restrictions would occur with a bed and breakfast in the Ag area. <br />So I’m wondering if we even need to go to a contested case hearing with that. You know the <br />assumption is that his activities might be limited, but I don’t believe we’ve ever done anything <br />like that, limit the, you know, adjoining property’s activities. <br />ALAMEDA: Okay. Let me ask Mr. Torigoe. What are some of the premises or <br />elements that would make us say okay to this potential petition? <br />TORIGOE: Well, as you know, generally it’s whether the petitioner has an interest <br />that’s distinct from that of the general public. Normally, with next door neighbors, you know, <br />you pretty liberally say, yeah they definitely have different interest from that of the general <br />public. And that will probably include the possible conflicts between the neighbor’s current use <br />and their proposed use, you know, that would probably be something that would fall within the <br />interest that’s distinct from that of the general public. <br />ALAMEDA: Okay. Ms. Siracusa? <br />SIRACUSA: As a follow-up, I’m wondering if there is such a thing that we can find out <br />if Mr. Martinage and Mr. Nunn would stipulate to the intervenor that they would not object to <br />any noise he makes during his normal operations or try in the future to get him to cease and <br />desist because he is bothering their guests, something like that. Is that a possibility? <br />ALAMEDA: Mr. Torigoe? <br />TORIGOE: It’s a possibility, but you would have to, I guess, have them, you know, <br />talk it over a little bit, and you may want to put on the record something that specifically says <br />that. It’s a possibility, I’ll say that much at this point. <br />ALAMEDA: Ms. Siracusa? <br />SIRACUSA: Cause I’m thinking that if that was the only issue that the neighbor had <br />and if the bed and breakfast operators would agree to that as a condition of their permit, then <br />there wouldn’t be any reason to have a contested case. <br />ALAMEDA: Let me just ask, because I’m curious. Is Brad Farwell here? <br /> EXHIBIT A <br />3 <br /> <br />