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

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DARROW: Correct, as well as make contact with the Department of Transportation and discuss this matter with them, which is where we learned that it was actually a private road, and that became an even more difficult issue. So, again, it appears that, that they may have access. We just need to find the documentation, and that is why we were also ready to provide language that we could add in as a condition that the Applicant would provide evidence of access rights prior to the submittal of Final Plan Approval. But, so, before they can go forward with constructing the tower and receiving Final Plan Approval, we would know that they would have legitimate access. CLARKSON: Okay, so I'm going to ask the Commission to, for a motion for action to either continue this application or to proceed with the application conditioned on, with the conditional language that staff will provide us related to access. DARROW: If I may, Mr. Chairman, is there, are also, if you wanted to address the other issue that was brought up at the last hearing as well, we are prepared to provide PowerPoint presentation of the submittals from the Applicant. CLARKSON: Yeah, we—we would be delighted to do that if the Commission wants to proceed DARROW: Okay CLARKSON: on a conditional basis. So, the question now is do we assume that the Applicant is going to prove access to the property and consider all the issues and make a conditional recommendation for approval or an unconditional recommendation for disapproval or do we want to delay the consideration until access is proven. AU: For discussion sakes, I'm prepared to make a motion. I move that we continue Special Use Permit No. 18-00079 [ Use Permit No. 19-000079]. AGUINALDO: I second. CLARKSON: Okay, it's been moved and seconded that the application be continued until such time that the Applicant has shown that they have legal access to the property in question. Is there any discussion? AU: Yes, so for discussion purposes, you know, this application was put in, not knowing—well, excuse me, assuming that you had public access, and now that this question arises of public access, I feel we should continue it, the reason, you know, you guys should mitigate it and really find out, because what if in the end the landowner disputes, the landowner for the access disputes this and you can't do your tower. So, yeah, that's how I feel. HALL: Sorry, just for clarification. Are you the landowner of the actual road? STEVENS: I'm the landowner of the property and EXHIBIT D 5