BOA minutes 082714 - Laserfiche WebLink

Browse Search

APPROVED 10/13/2014 OC Board of Adjustment – 8/27/2014 Page 35 of 64 the statements made that it is not within your purview as to the easement and its legality, but I want to 1 say to you that we content that because it doesn’t have a width, it’s not a valid easement. 2 3 Matthew Rhoads: If I can object, we’ve had a lot of testimony on the width of the easement. That’s not 4 relevant to any of the criteria. That is something that is a legal issue whether the easement already 5 allows it or whether its not and that’s for a different forum given that the Board has indicated an interest 6 in ending by 11 o’clock and my client has a significant interest in having this decided tonight, we would 7 ask that any irrelevant testimony be limited. I would actually ask and it’s in the Board’s purview to limit 8 further testimony to five minutes each unless there’s… 9 10 Larry Wright: We can’t do that. We cannot limit testimony. 11 12 Matthew Rhoads: My understanding is legally you can but that’s 13 14 (UNKNOWN AUDIENCE MEMBER) You had an hour and forty minutes 15 16 Larry Wright: Please no discussion. It’s between the attorneys now. 17 18 James Bryan: What I would recommend is there is an objection as now, for the Board to decide on that 19 matter. If they decide it is relevant. If they can find a link to one of the standards whether that would be 20 met or not met because of the testimony, let it proceed. If not, direct the witness to move on to a new 21 topic. 22 23 Jay Bryan: If I could be heard as to the objection by my esteemed colleague, as to the relevance. 24 25 Larry Wright: Speak to the relevance. 26 27 Jay Bryan: As to the relevance, I’m speaking to the 5.3.2.a.2.b that they must show that the use will 28 maintain or enhance the value of contiguous property. 29 30 James Bryan: Unless it’s a public necessity. 31 32 Jay Bryan: The way PSNC is choosing to interrupt this easement. 33 34 James Bryan: Mr. Chair, I’m sorry to interrupt but I think for the record it should be clarified whether 35 you’re sustaining the objection or ruling the objection. Whether you want to hear more testimony or not. 36 37 Larry Wright: Do we want to hear more testimony? 38 39 Jeff Schmitt: I do 40 41 Karen Barrows: I’d like to hear what Jay has to say. 42 43 Larry Wright: Ok, proceed. 44 45 Jay Bryan: I think you heard earlier that PSNC essentially says that when they run out of capacity they 46 are going to put another line and the way they put another line is to measure off the existing line. 47 However many feet that is and they indicated that in their records. Ten years from now, the way they’re 48 interrupting it, they can come up onto our property again and put in another line and they can keep going 49 because there is no definition under this easement as to the width. So, in essence, their easement 50 encumbers our whole property. Basically, if that doesn’t undermine the value of our property, I don’t 51 know what does. 52 53 Larry Wright: Mr. Rhoads, didn’t I ask you the question does the easement increase and you said no, if 54 you had more pipelines, I asked you if that grows, that easement grows. Did you not say no? 55