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Ms. Turano-Flores protested the Commission accepting at this hearing additional <br /> evidence that has not been submitted five days prior to the hearing, and said they have <br /> met the burden of proof with the evidence that they presented to the Commission. <br /> Elliot said we cannot refuse anybody's right to testify. <br /> Bob said regarding the five-day period, the Regulation refers specifically to revised <br /> plans for a continuance. <br /> Elliot recommended a continuance with the proviso that no more material or expert <br /> opinions be accepted unless it has been on file with the Commission for the public for <br /> at least five days prior to the hearing, so that we will not have a situation where we are <br /> asked to make decisions on the matter without having had the opportunity to study all <br /> the material and get technical advice from our Agent. <br /> Jack said we have to rely on the Agent 's judgment as to whether or not the complexity <br /> of the information is such that he's not able to make an assessment of its validity. <br /> Bob said even if Messrs. Fazio and Davis gave an oral report tonight, he doesn't want <br /> to have to render an opinion as to the validity of it tonight. He would like to have a <br /> copy of the report and copy of Dr. Davis' resume and credentials to study. <br /> Mr. Fazio said he will make his report available to the applicant in exchange for which <br /> he will receive a copy of the applicant's experts' rebuttal in writing prior to the <br /> continuance. He asked if it is the objective of everyone to be fully informed about these <br /> issues and to have the experts address all of the issues, shouldn't Dr. Davis have the <br /> opportunity to review the rebuttal and present his position to this Board. <br /> Michael Talbot said that's a theoretical question because they are not required to <br /> provide a written rebuttal, and we're not sure they are going to submit a written rebuttal. <br /> Motion made, seconded and unanimously carried to grant a continuance to March 27th <br /> at 7:50 p.m. at the request of the applicant. <br /> 7:25 p.m., Michael Intoccia, 134 Popponesset Island (continued from 2/27/03). Arlene <br /> Wilson represented the applicant. Bob said some changes have been made in the <br /> plan, but he only received it this afternoon and he is in no way prepared to make a <br /> recommendation tonight. Also, it has to be in the files for the public to view five days <br /> prior to the hearing. <br /> Motion made, seconded and unanimously carried to grant a continuance to March 27th <br /> at 8:05 p.m. at the request of the applicant. <br />