BOA agenda 031317 - Laserfiche WebLink

Browse Search

DRAFT OC Board of Adjustment – 11/9/15 Page 130 of 156 1 Barry Katz: Ok. 2 3 Michael Harvey: I’ll let TowerCom speak to that but the emails are pretty… Emails are what they 4 are. They assert they have the right, she asserts they don’t. That’s going into being a legal 5 question, but you are correct, as a private road she essentially has half the right of way. And what 6 she’s’ arguing in these emails that we have put into the record is essentially in order for 7 TowerCom to use it there has to be a modification to the existing agreement, which hasn’t 8 occurred, and she’s not amenable to allow that to happen. 9 10 John Price: It also states that it’s an eyesore and will adversely impact her property. 11 12 Barry Katz: I understand that, but… do you have a comment about this? 13 14 Laura Goode: Yes, and I believe I already spoke to this at the previous hearing that there had 15 been a concern raised to TowerCom about this access road in terms of whether there was 16 access. Respectfully, I would put to you that whether TowerCom has legal access to this property 17 or not is not an issue that this Board has to determine in terms of whether to approve the Special 18 Use Permit. But, nevertheless, has obtained a legal opinion. Their attorney has reviewed that 19 document that she has provided and has the legal opinion that they do have legal access to that 20 road and, as Mr. Harvey stated, any dispute about that is a civil matter between those two parties 21 that would be outside of the scope of this hearing. 22 23 James Bryan: Madame Chair, if I could just have a second, I’m trying to find out… we do have a 24 standard for access. I don’t recall what exactly it is. It you give me a minute I could probably find it. 25 26 Samantha Cabe: Sure. 27 28 (Inaudible exchange amongst Board members) 29 30 Laura Goode: You know, if while they’re looking for that provision we could go ahead and enter 31 some of this into the record to kind of speed things along. 32 33 Samantha Cabe: Sure. 34 35 Laura Goode: Ok. The first thing I would enter into the record since there was testimony from Mr. 36 Gwen and his son about the impact to wildlife and the natural area, I have… The first document is 37 the NEPO report that TowerCom obtained, which is required for all FCC license organizations, 38 and so this report basically details how it will not impact a critical wildlife habitat, will not adversely 39 impact a list of endangered or threatened species, will not be a negative impact to migratory birds, 40 all of that information is contained in this report. And I would ask that it be entered into the record. 41 42 Samantha Cabe: What number are we on? 43 44 Michael Harvey: 6. 45 46 Samantha Cabe: Ok. That’s Applicant number 6. 47 48 Michael Harvey: Correct. 49 50 132