2016-04-07 Hearing Transcript - Cellco Partnership USE 16-061

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Mr. DeDell understands the need for upgraded communication capability for residents out of the current service area, but feels that there is a more suitable location for cell towers to be built, not necessarily in the heart of a neighborhood. Thank you. HEAUKULANL I'm told to use this microphone. Is that better? HATA-FINLEY: No, actually, can you use Duane's? HEAUKULANL You're just messing with me, aren't you? Is that better? HATA-FINLEY: You can use that one. HEAUKULANL Okay, I think I'd like to hear from the Applicant with, and again, just narrowly with regards to whether you have any objections to the petition. BEASON: Thank you, Chair and Commissioners. Looking over the petition that was filed, I think the Portion C on property interests is incorrectly answered. The Petitioner does not have right to the property itself. There are—they're not an adjacent neighbor but they're a neighbor, a nearby neighbor, so there is not direct property interest in the filing. I think on the proximity question, I agree that they are right at the 500 feet from property, the propertya little further away from the tower itself, but the way we look at these things, it's from the property. So, I have looked at that, and I would agree that they're at that point. I question that the aesthetics or the element that falls under contested case because the petitioner and anyone else in the public would have the opportunity today or when we have this hearing to oppose the project during the hearing, and I think that, that could be held normally as opposed to being held as a contested case. If you do decide to have a contested case, I'd ask that the Planning Commission take that up and hold it at your next meeting to keep a timely application. We have both State and Federal rules that we're trying to maintain—timelines and not get into other issues on, on process. So, if you do feel that this is something you want to hold, then I would ask that we do that at the next meeting. Thank you. HEAUKULANL I think I'd like to hear from the Director, please. Good morning, gentlemen. BRILHANTE: Good morning, Chair Heaukulani and fellow Planning Commission members. At this time, the County of Hawaii is going to, the Planning Department is going to oppose the applicant's request for standing in this matter. I think the rules, the Planning Commission Rules, specifically Rule 4-6(b), Section B, Subsection B, is clear as to the requirements that must be met in order for an applicant to be granted standing. I just want to pull your attention 5 EXHIBIT A