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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />48 <br />49 <br />50 <br />Approved 3113117 <br />Barry Katz: Ok. <br />Michael Harvey: I'll let TowerCom speak to that but the emails are pretty... Emails are what they <br />are. They assert they have the right, she asserts they don't. That's going into being a legal <br />question, but you are correct, as a private road she essentially has half the right of way. And what <br />she's' arguing in these emails that we have put into the record is essentially in order for <br />TowerCom to use it there has to be a modification to the existing agreement, which hasn't <br />occurred, and she's not amenable to allow that to happen. <br />John Price: It also states that it's an eyesore and will adversely impact her property. <br />Barry Katz: I understand that, but... do you have a comment about this? <br />Laura Goode: Yes, and I believe I already spoke to this at the previous hearing that there had <br />been a concern raised to TowerCom about this access road in terms of whether there was <br />access. Respectfully, I would put to you that whether TowerCom has legal access to this property <br />or not is not an issue that this Board has to determine in terms of whether to approve the Special <br />Use Permit. But, nevertheless, has obtained a legal opinion. Their attorney has reviewed that <br />document that she has provided and has the legal opinion that they do have legal access to that <br />road and, as Mr. Harvey stated, any dispute about that is a civil matter between those two parties <br />that would be outside of the scope of this hearing. <br />James Bryan: Madame Chair, if I could just have a second, I'm trying to find out... we do have a <br />standard for access. I don't recall what exactly it is. It you give me a minute I could probably find it. <br />Samantha Cabe: Sure. <br />(Inaudible exchange amongst Board members) <br />Laura Goode: You know, if while they're looking for that provision we could go ahead and enter <br />some of this into the record to kind of speed things along. <br />Samantha Cabe: Sure. <br />Laura Goode: Ok. The first thing I would enter into the record since there was testimony from Mr. <br />Gwen and his son about the impact to wildlife and the natural area, I have... The first document is <br />the NEPO report that TowerCom obtained, which is required for all FCC license organizations, <br />and so this report basically details how it will not impact a critical wildlife habitat, will not adversely <br />impact a list of endangered or threatened species, will not be a negative impact to migratory birds, <br />all of that information is contained in this report. And I would ask that it be entered into the record. <br />Samantha Cabe: What number are we on? <br />Michael Harvey: 6. <br />Samantha Cabe: Ok. That's Applicant number 6. <br />Michael Harvey: Correct. <br />OC Board of Adjustment — 12/12/16 <br />Page 130 of 156 <br />