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Approved 1/11/2016 OC Board of Adjustment – 11/9/15 Page 43 of 48 James Bryan: What it would be is the Board’s vote, do you think that this is harmonious with the area? Let me also go over again, 1 I’ve mentioned this but it’s worth repeating that you can only consider fit evidence. Fit evidence is substantial, competent material 2 evidence. Substantial is that which a reasonable mind would regard as sufficiently supporting a specific result. So basically, are 3 they saying something of substance, is it more than just speculation. Competent evidence is where you’re talking about, is it an 4 expert talking about an opinion or… so if they’re giving an opinion, they best be an expert. If it’s anything else then they must have 5 seen it with their own eyes, tasted it with their own mouth, heard it with their own ears, that type of thing. And then material 6 evidence is relevant to one of these questions. 7 8 Karen Barrows: So I think Barry, what happens is if the Board wants to finish this up tonight, we get all our questions answered, 9 close the public hearing and then we discuss this ourselves. Having said that, do Board members feel like they’re ready to close 10 the public hearing, or is there anything else? 11 12 Barry Katz: Ok. 13 14 MOTION made by Matt Hughes to close the public hearing. Susan Halkiotis seconded. 15 VOTE: Unanimous 16 17 Karen Barrows: Let me just ask one thing James, since it’s only four of us tonight, do we have to be unanimous? 18 19 James Bryan: No, it’s going to be a majority tonight. 20 21 Karen Barrows: If we could have quiet please, we’re about to deliberate. So we have, if you’re looking at page 80, we have 22 requirements for the applicant from page 81 2.2 to page 4 down to 5.7.4 a to b. My suggestion is they’ve been on it so if we 23 wanted to clump all that together as a motion and approve it then that’s out of the way and we come to the three findings on 24 page 85. 25 26 MOTION made by Matt Hughes clump together and approve that the requirements for the applicant from page 81 2.2 to 27 page 4 down to 5.7.4 a to b have been met. Susan Halkiotis seconded. 28 VOTE: Unanimous 29 30 Karen Barrows: So, let’s look at page 85 and talk about that. 31 32 Barry Katz: Question, are we going to talk about each of these individually and vote individually before we go to the next one? 33 34 Karen Barrows: Yes. 35 36 Barry Katz: Ok. 37 38 Karen Barrows: So to that end, we could look at use will or will not maintain public health safety, general welfare… 39 40 James Bryan: If I may, for the new Board members; for each of these it’s also helpful to be as specific with the findings of fact 41 before making a determination for each of these. So, you’ll notice on the previous pages the…. Published it in the newspaper, the 42 supporting evidence, staff already listed out for you. It’s though staff testimony and the staff testimony is that there is a legal ad 43 published in the News of Orange on October 28th and November 4th. So that’s the level of specificity that you’d like. The more 44 specificity you can give the better, I know it’s late and you’re tired but, the more you can give the reasons why something is met or 45 not met, the better. 46 47 Barry Katz: Well, a lot of discussion from the people opposed regarded: for instance, there was testimony from the veterinarian 48 about public health, related to the animals and potential risk to people who might be associated with those animals if there was in 49 fact noise of startling type that exceeded the boundary of the property, where testimony regarding safety and general welfare to 50 the character of the community and how the Morrow Mill Road is used. What its current use is and whether or not the traffic that 51 would come on would materially affect the potential safety. That was brought out with the idea that people coming to the area, for 52 these events, would not be familiar with the area and might not anticipate the kinds of activities that happen on Morrow Mill. That 53 would include agricultural type machinery driving on there, children playing on there, joggers and the fact that it’s a common bike 54