COM 0669.003 2010-2012 - Laserfiche WebLink

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Law Offices of Yeh & Moore ATTORNEYS AT LAW A Limited Liability Law Company Chairman Hoffman and Members of the Planning Committee June 14, 2012 Page 3 Drainage As the Bill addresses, Condition G provides that if a Letter of Map Revision("LOMR") is required, the Applicant will obtain a LOMR prior to final subdivision approval. However, the Applicant is not proposing to place improvements in the AE or similar zone. Even if it did propose such improvements, the Applicant would be required to comply with Condition G. Condition H requires that drainage improvements shall be constructed in a manner meeting with the approval of DPW. Condition L requires that all development generated runoff is to be disposed of on-site and shall not be directed toward any adjacent properties. Conditions M and N add similar requirements regarding compliance with NPDES and the County's sedimentation control standards. There are more than ample conditions which will assure that drainage issues will not be generated by the proposed development. The Applicant will comply with these conditions. Response to Other Issues Raised by R. Doi and S. Salazar It has been asserted that the Applicant has not obtained proper grading or grubbing permits from the County. We enclose a copy of the grading permit for the work performed on the subject property, together with a copy of the Department of Health clearance letter which determined that Graphic Images is in compliance with solid waste standards (Attachments "D" and "E", respectively). As for the assertion that the proposed ordinance will close off the easement of record, this is also not what the proposed ordinance does, nor did any of the prior ordinances contain language to this effect. The location of that easement cannot be changed absent Land Court approval. Since acquiring the property, Graphic Images has allowed Mr. Doi and Ms. Salazar to use an existing driveway that is located away from the easement of record, in an effort to accommodate them as neighbors. The easement which the Trust has rights over is currently located adjacent to Kanoelehua Highway, and is overgrown with numerous large trees which would need to be removed to be accessible. See photos attached as Attachment"F". Another problem with this easement location is that its entrance on Kahaopea Street is too close to the intersection with Kanoelehua to be a safe driveway entrance. Graphic Images has not prevented Mr. Doi and Ms. Salazar from using the current driveway location.