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2004-09-16 TCONTINENTAL
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2004-09-16 TCONTINENTAL
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SIRACUSA:I have two questions. One is, is Mill Road paved? <br />YUEN:Yes. <br />SIRACUSA:Okay. And the second one is, regarding this preferential access and the <br />general public access interest, does ADA get involved in this at all as far as the public access and <br />distance from where you park your car to where you can actually get to the shoreline? <br />YUEN:I dont think ADA is involved cause this is not, it is not an improved <br />access. We just have no improvements on these. Its a walk-in, its just a walk-in as-is access. <br />It does not go to any facility. My understanding of ADA is that its connected to facilities; and <br />there arent any facilities that are accessed by this, by these walk-in sites. <br />SIRACUSA:So the lighthouse would not be considered a facility, then? <br />YUEN:Well, were not giving access. The County access is not to get to the <br />lighthouse.TheCountyaccessistogettothebeach,andtogettotheshore.Theresreference <br />to a beach, there really isnt a beach here at all. In front of the lighthouse, theres a low point <br />where on a calm day you could get into the water. Much of the coast here is a cliff and youd <br />have to go down by rope to actually get to the water. In front of the lighthouse and a couple of <br />other areas along the point there, theres a low area; but its all rocks and boulders right at the <br />shoreline. But as far as that being a facility, sure, the Coast Guard Station, the lighthouse is a <br />facility but thats not, our trails are not leading to that as a purpose of them. <br />GALDONES:Seeing no further questions or comments, then -. <br />ROHR:Id like to add something. I noticed -. <br />GALDONES:Ms. Rohr, I have been very liberal to allow you to make your presentation. <br />If you want to continue making comments, I would have to limit you to about three minutes, if <br />you could wrap it up. Id appreciate it. <br />ROHR:Okay. I spent hours looking at this subdivision map. Its very difficult to <br />read but everything I stated today is correct. That parcel is landlocked. Ive sent the title report <br />into the Planning Department. I stand by this. Two, I would like to say that although it all seems <br />as though you just dont have time to do these things and its your fault, I still say that that has <br />caused the public inconvenience and has discouraged us; and some of us may feel as though we <br />may be trespassing. So your comment that its open, that the developer is cooperating, we have <br />testimony where the developer changes his mind and suddenly locks people out if he doesnt like <br />whats going on. Its still within his discretion. So, I dont think reliance on goodwill is whats <br />required here. And I think theres a certain amount of duress in these proceedings because weve <br />all waited now for two years to get back to the ocean, and we cant get there. So wed all like <br />this to be over, but I dont think were going to get a fair hearing until you open the access and <br />fulfill your obligations according to the law. If it requires a separate hearing, Id be happy to ask <br />for a declaratory ruling on this matter, if youd like to give me time to do that. But I dont think <br />24 <br /> <br />
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