2020-02-06 Windward Planning Commission Minutes

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Hawaii Windward Planning Commission to issue a revised findings of fact (FOF) and conclusions of law (COL) in support of its original Decision and Order, for the narrow purpose of the Windward Planning Commission clarifying FOF and COL regarding its application of the public trust doctrine for the denial of SMA No. 18-000070, which requested a Special Management Area Use Permit to develop a potable water well and bottling facility with related improvements on a 2.5712 -acre parcel within the Special Management Area. The subject property is located at 525 Pi` ilani Street, at the northeastern corner of the Pi`ilani Street-Mililani Street intersection, Waiakea, South Hilo, Hawaii, TMK: (3) 2-2-033:011. The Commission took this item up at 10:58 a.m. with 41 members of the public in attendance. At 11:01 a.m., it was moved by Commissioner Dela Cruz and seconded by Commissioner An that the Commission go into executive session to consult with its attorney regarding questions and issues pertaining to the Commission's powers, duties, privileges, immunities, and liabilities, pursuant to Hawai `i Revised Statutes Section 92-5. A voice vote was taken of all Commissioners present, and motion carried with six aye votes. The room was cleared, and at 11: 04 a.m., the Commission went into executive session. At 11:28 a.m., it was moved by Commissioner Dela Cruz and seconded by Commissioner Aguinaldo that the Commission go out of executive session. A voice vote was taken of all Commissioners present, and motion carried with six aye votes. The hearing reconvened for regular session at 11:31 a.m. (SEE EXHIBIT B) This item ended at 1:16 p.m. Chair Rafpiy called a recess at 1:16 p.m., and the meeting was reconvened at 2:18 p.m. 3. APPLICANT: NEW CINGULAR WIRELESS PCS, LLC DBA AT&T MOBILITY (USE 19-000081) Application for a Use Permit to allow the construction of a non -manned telecommunication facility consisting of a 180 -foot tall monopole and related equipment within a 2,500 -square foot portion of a 9.65 -acre property situated in the County's Agricultural zoning district. The subject property is located north of Kua`aina Road, approximately 0.5 miles from the intersection with Volcano Road (Highway 11), Kea`au, Puna, Hawaii, TMK: (3) 1-7-031:031. The Commission took this item up at 2:18 p.m. with 18 members of the public in attendance. Chair Rafpiy called a recess at 3:39 p.m., and the meeting was reconvened at 3:48 p.m. (SEE EXHIBIT C) Page 2 of 4 Windward Planning Commission February 6, 2020 Minutes