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Approved 1/11/2016 OC Board of Adjustment – 11/9/15 Page 33 of 48 everybody else who was prepared to testify, or who would testify and wishes to tender your testimony as corroborating that has 1 already been said, if you would stand and raise your hands. 2 3 James Bryan: Please stand up. 4 5 David Rooks: Thank you. I’m sorry, we have two more witnesses. Nancy Oglesby. 6 7 Nancy Oglesby: I know it’s late and I appreciate you hearing me speak. My name is Nancy Oglesby and I live at 6518 Green Rise 8 Road in Hillsborough and I have been sworn. I live next to Maple View Agriculture Center, which is another party venue in our 9 county and I am opposed to populating the rural buffer with party venues. Places that have large parties that serve alcohol and 10 have loud music are not in harmony with the orange county way of life. They should be placed in cities or towns where they can be 11 supervised by law enforcement and won’t disturb rural residence. So I live next to a party barn that was really active for about 6 12 months in 2008-2009 and since then, for reasons I don’t fully understand, they’ve pretty much stopped doing a lot of their parties. 13 But, I’m going to share with you what it’s really like to live next to them, because it’s not all these pretty pictures and what’s in print 14 on the application. It’s not really what you live. When the parties spill over to the outside, the music was so loud that even with all 15 of our windows closed we could still hear it clearly inside our house. 16 17 Sharron Linn: Can I make an objection? Are you an interested party in this case? 18 19 Nancy Ogleby: I live in Orange County and I’m a resident and I believe that I have a right to speak about development in the rural 20 buffer. 21 22 James Bryan: So, if you understand that as an objection to standing that I’ll advise the Board as to what standing is. To be a party 23 to have a standing you need to either be an adjoining property owner or suffer special damages. Special damages is most, 99% of 24 the time, is going to be property value. That your property value is lowered because of this. It cannot be that you are the position 25 as anybody else in the community, it must be special damages, it must be proven. 26 27 David Rooks: But the witness is not being, is not an opponent. The witness, the standing of this witness is really irrelevant. This 28 witness is here to testify as to her observations of a similar facility elsewhere in the county. Where she is a resident, living close 29 by. That evidence has bearing on this facility. 30 31 Sharron Linn: So, is she an expert? 32 33 David Rooks: No. She is making a factual observation, living where she does next to another event facility. 34 35 Susan Halkiotis: I just have a question about a consistency point and that is that we allowed questions of the acoustical expert 36 and we didn’t confirm that they all had standing. And, just the question that I’m asking; is this different? 37 38 Sharron Linn: And I’d like to clarify that we did, we only weighed the objections to allow any questions to be asked to Dr. Stewart 39 because he was leaving. We were not waiving any objections to other disinterested parties from testifying. 40 41 Karen Barrows: I think what we’ve typically done, is allow people to speak and then we’ll take it for that value. If that’s ok. 42 43 James Bryan: Yeah, if I may just, it’s sort of a question… So, when an objection is raised just because it hasn’t been objected to 44 before is not a final determination. You all can factor into it. You have a lot of leeway so you could say, “Hey, are you a party?”, 45 “Hey, is this relevant?” or you could continue to go on about well, let’s hear what you have to say and then at deliberations see 46 whether it’s relevant. 47 48 Karen Barrows: Go ahead Nancy. 49 50 Michael Harvey: Before we continue, I think it needs to be clarified, this particular parcel property’s in the agricultural residential 51 general use zoning district, not the rural buffer zoning district. 52 53 Karen Barrows: Thank you. 54