2015-12-03 Hearing Transcript - Cellco Partnership dba Verizon USE 15-055

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this tower, it’s one of those things that we will be looking for when the applicant does submit its plans to our office. So, I’m not sure if you have any further questions. I’ll try my best to address it, but I just wanted to offer that on the table right now. MIYASATO: Commissioner Ikeda. IKEDA: Yes, I’d like to ask you about, when did the County take back the road? According to Mr. McGuire, it was a paper road and he had to do the repairs himself. ARAI: My understanding is that the road was laid out and established by the Territory of Hawaiʽi, so I don’t believe that there was any particular instance where the County took the road away from Mr. McGuire. As far as the improvements itself, I don’t see any documentation or evidence that suggests that, you know, he provided all of the improvements, although he did make statements to that effect, but it’s just a statement, and you place weight on it where you deem necessary. MIYASATO: Commissioners, any further questions for staff? Thank you. Commissioners, any discussion? If not, I’ll accept a motion. HENKEL: Mr. Chairman? I move that the application for a Use Permit, Docket No. USE 15- 055 be approved based on the Planning Director’s findings, recommendations, and proposed conditions which shall be adopted. DELA CRUZ: Second. MIYASATO: I have a motion by Commissioner Henkel, second by Commissioner Dela Cruz. Any discussion on the motion? HENKEL: Mr. Chairman? MIYASATO: Yeah, go ahead. HENKEL: You know, I don’t dispute the fact that Mr. McGuire made the improvements on Komo Street, but I’m still not convinced that it’s not a County right-of-way. It was represented as being one of the County’s roads-in-limbo at the last meeting, and, you know, just improving it and putting up a gate, to me, doesn’t make it his. It’s still a County right-of-way as far as I’m concerned. I’ve got a friend that mows the right-of-way in front of his house for ten years down by Kalapana on Highway 130. It’s improved his property value as he’s landscaped it. It looks real nice, but he wouldn’t expect to be reimbursed or receive ownership, you know, just from taking care of it. And, you know, I think that’s a similar case here. So, that’s the reason. And, Mr. McGuire also seems to have a longstanding dispute with the previous owners, but I don’t see Verizon as, you know, being any part of that. They’re only taking up 1,600 square feet. That’s gonna be a minimal impact to the area. That’s all. 10 EXHIBIT C