2019-05-02 Hearing Transcript - Cellco Partnership dba Verizon Wireless USE 19-079

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AU: Mr. Chair? Before we get started, can I make a statement? I just want to put on the record that I've read all the past documents and transcripts for this agenda item, and I am prepared to vote on it. CLARKSON: Thank you. Are we prepared to proceed Corp. Counsel with the application as submitted or not? HALL: Basically, you have two options. One is you could continue the item until documentation is provided that they have a legal access or legal right -of -entry to the, through the private road to the property, or you can condition it. You can add a condition that basically says before they get their right to proceed with construction and such that they would need to provide that documentation that they have legal access to the property. CLARKSON: So, apparently, there is question as to whether the Applicant has legal access to the property that they want the permit for. My question, and I'll ask the Director, is legal access to the property in question normally a prerequisite for even accepting an application? YEE: Yes. However, I do want to note that we did discuss this this morning with staff as we learned about the issue and we did consider that we could condition it in this case, and so I think that's a viable option, too, if the Commission wants to consider that. DARROW: Good morning, Mr. Chairman. If I could just touch upon this matter. You're absolutely correct. One of our pre -requisites is we make sure that there is legal access to a particular project area. In this particular case, the Applicant—excuse me—the application indicated that there was legal access through an existing public roadway, and we had, looking at our maps, we had no means, or no issue to question it because even our maps indicated that it was a private, I mean a government roadway. What ended up bringing it to our attention for us to kind of look into it more was when staff had gone out on a site inspection, there was a, the road was gated with a sign that said, "private road." And, so at that point, they contacted, made contacts to different agencies to get information regarding that roadway either being a County road, an old road -in -limbo, a State road, or if it was actually private ownership. Through all of the research, it seems at this point that it is a private roadway, that it's, even though it doesn't currently have a tmk for identifying ownership, in discussion with the Department of Transportation, they indicated they do not own the road, and that the road was owned by the adjoining land owner. And, so at this point, there needs to be clarification that the Applicant has that legal access. It may be something easy to provide. It may be something where they need to go and legally acquire that access. So, we're just not sure to what length that may occur. CLARKSON: Well, my question, and if I may take the lead on this, is the Applicant going to be leasing, proposing to lease a portion of a fee parcel, does the owner of the fee parcel have access over this private road? DARROW: That's the same question. EXHIBIT D 2