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Approved 12/12/16 OC Board of Adjustment – 10/10/16 Page 70 of 113 Matt Hughes: It was a joke maybe but I just want to make sure that folks do know. But I did say that I would 1 only be considering what I heard in this meeting and our previous meeting. 2 3 Karen Barrows: I think when we left it we were at final closing arguments. Is there anything else we need 4 to? 5 6 Andy Petesch: Before moving onto the arguments I’d like to complete my rebuttal and redirect of witnesses 7 and make sure all my evidence is moved correctly into the record by the Board. If I could have a few 8 minutes to do that? 9 10 Karen Barrows: Ok. 11 12 Andy Petesch: Thank you. I’d like to have Mr. Brewer respond briefly to some questions that arose to Ms. 13 Brewer’s testimony with respect to chestnut operations. I’d like to ask Mr. Harvey a few questions and then 14 I thought given the hour at which Mr. White was testifying the density of the matter that he was testifying to 15 I’ve asked him to prepare a written report summarizing his testimony and so I’ll have him address that with 16 you briefly. I have prepared and organized the exhibits that are in the notebook and labeled them SPG 1-17 21. They don't include the UDO excerpts or the General Statute excerpts. They speak for themselves. And 18 so I can move all of those into evidence at this time to ensure that everything in the notebook has been 19 admitted. 20 21 LeAnne Brown: Madam chair for the record we would like to object to a number of the exhibits. There are a 22 number of items included in the exhibits, which appear to be documents from other agencies. There's been 23 no evidence put before us to the source of those documents with the veracity of those documents and so 24 we would object to those documents. At the tail end of the last hearing several of the exhibits were moved 25 into evidence but they were the exhibits from which Ms. Brewer had testified. I understand that you function 26 under relaxed rules of Evidence but in order to preserve the record I need to be clear that we are objecting 27 to those and ask that your consideration of them reflect the fact that they have no foundation and no real 28 probative value as to any witnesses particular testimony in the hearing. 29 30 Karen Barrows: What are you referring to LeAnne? 31 32 LeAnne Brown: In the notebook of exhibit that you have… Mr. Petesch, I just want to be sure that I know 33 which ones you’re moving into evidence? 34 35 Andy Petesch: It would be to have to have three and then have five through 19. 36 37 LeAnne Brown: Alright. Tab 2 is an excerpt from a book by Professor David Owens. I would ask that to the 38 extent you receive that that's simply a legal treatise and you would receive them the same way as any other 39 ordinance provisions, cases, legal treatises that you’re given so I just objected that it’s not an exhibit it’s 40 simply an authority offer to you. I don’t have any objection to your reviewing it. 41 42 Barry Katz: I have a question. So you're introducing this into evidence and we haven't read this? So should 43 we go home and read these things that you're putting into evidence? 44 45 Andy Petesch: It is an excerpt and I'll be referring to it during the arguments. 46 47 James Bryan: So if I may, to the Board, one thing that I’ll get handed out is something that I drafted up. I 48 worked with the attorneys since we had that break I thought it might be a good opportunity that we don't 49