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COM 0438.020 2002-2004
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COM 0438.020 2002-2004
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Last modified
5/13/2008 12:34:48 PM
Creation date
5/10/2008 12:34:38 AM
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Communications
Communications - Type
COM
Communications - Council Term
2002-2004
Communication
0438
Point
020
Author
Mark Van Pernis
Communications - Referred To
PC
Comments
Presented: PC - 2/3/04
Document Relationships
COM 0438.000 2002-2004
(Related)
Path:
\Council Records\Communications\2002-2004
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<br /> ,-3G-Oa; 3: 5a PM; van Pern is. ;dOd 3296 i0° x q- e <br /> PLANNING COMMISSION <br /> COUNTY OF HAWAII PLANNING DEPARTMENT <br /> Page five <br /> July 22, 2003 <br /> the subject of major litigation, being$ Douglas Scoufi~s et al. v~l ro Ine Pt ~ <br /> gj:, and its Arbitration O1-0287-A, now going into its third week of hearings. Rain <br /> water runoff accumulating on and conning across Mamalahoa there, at the Douter ~I' <br /> nrooerty locati4tl; is at issue! Additional Ixrtet~tial liability for t}te C_.onnty shnald nnr <br /> be part of this permit approval. See section 24 on page 9 of the Hearing Officer's <br /> report. <br /> Douter, without applications or pewits has been running large tour buses to and <br /> from their property in disregard and violation of applicable County regulations and I` <br /> ordinances for a long time. See section 18 on page 7 of the Hearing Officer's Findings. ~ <br /> Although the County cited Douter for such activities and violations on January 26, 27 <br /> 28 and February 1, 2003, such activities, as observed by the undersigned, occurred <br /> much more frequently than that. Dquter's lack pf credibility and resneEt fnr the <br /> County's regulating powers and its neighbrns is thus demonstrated. t <br /> The undersigned uses Mam.alahoa Highway, passing by the Douter property, <br /> every school day morning to take his daughter to school, and often to take her home in ' <br /> the afternoon. tht one occasion, upon coming to the Douter property there was a large <br /> tour bus in the south bound lane, half on the highway and half off, with persons <br /> attempting to board the bus from the paved traffic lane, with someone trying to stop <br /> and direct the Mamalahoa traffc in both the northbound and southbound lanes. An <br /> accident was narrowly averted <br /> VI. StreetlfYhts , <br /> At page 13, in section 43(e) of the 1learing Officer's report. There is menfion of the <br /> installation of streetlights by Douter under certain conditions. Due to the topography <br /> w ure area, sue;n saeeuigrns coma oe yisiore and oriens+ve to our and omen stumugding <br /> properties, and contradictory Eo the rtual and private type of property we sought out <br /> and purchased. Streetlights should be prohibited under any circumstances. <br /> VQ. j~,ndscaotag to Prateet Nejp~j~,;;;, <br /> i <br /> The Hearing Officer at page 29, section 3 of her recommendations referred to <br /> "additional heavy landscaping" far the'~bundary of the Yokoyama property, TMK 7- <br /> 5-11:26, to the north. The property adjoining to the south, being, among others, our <br /> TMK 7-5-11:34, should receive the same treatment. We would have been in the <br /> contested case proceeding, but for the agreement reached with Douter to avoid our <br /> involvement in such a proceeding, a~td now apparently a.btcndorted. <br /> L'IIi.. ~'OneiiisiOri <br /> We believe Douter has„ by ig+tori ng archaeological considerations and requirements <br /> as referred to in the Hearing Officer's report, conducting a massive tour operation in <br /> <br />
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