|
VITOUSEK: In order to determine
<br /> KAY: In order to determine whether or not that's required. So, in reference to the map in front
<br /> of you, I submitted that map to the applicant; I created that map, which I overlaid their site plan
<br /> on the subdivision map, which showed the extent of the tributary. This was done a couple of
<br /> weeks ago where I sent it to them just to let them know, hey, by the way, where you are
<br /> proposing your new temple facility is smack in the middle of the tributary as is recorded against
<br /> your deed, you may want to reconsider locating it elsewhere on your property since you have
<br /> land area to do so. So I was just doing it as a heads-up to the applicant relative to that section.
<br /> Yeah, so in terms of the, back to the Judd Trail, essentially what we are saying right now, and
<br /> there is a condition of approval in the Special Permit, which I'm sure we'll get to, basically
<br /> limiting access to their existing legal access on Sea View. And in the background and
<br /> recommendation, we said if they are able to substantiate in the future legal access from the other
<br /> way, then they can come in and amend their permit.
<br /> F. STONE: But it's not access. It's, it's not talking about easements. We had discussed with
<br /> Christian before that we don't have the easement, we are working on it. It's, we don't think it's
<br /> through any fault of our own on either of the cases, but, and it's uncontested. And not only
<br /> should it, if it has to apply, not only to us but seven other properties. So we have been working
<br /> on trying to secure the easement for all eight properties because none of them have it. Eight
<br /> properties are legally landlocked by the Judd Trail. However, all of those people have been
<br /> using Ho`omaluhia for, since they bought the property, which could be 20 years, continuously.
<br /> So the condition that was put on us—and here, I'm going to need to go to the correspondence,
<br /> sorry was that essentially we are not allowed to set foot on Ho`omaluhia, and that would be
<br /> considered a violation of our permit and our permit could be revoked. That seems kind of
<br /> extreme since it's also our mail, it's our legal address, it's where our taxes come, it's where we
<br /> get our propane gas for cooking and showers, and all our deliveries, UPS. We have to go down
<br /> the street to get the mail; we are blocked from our US Mail. So we thought that was very
<br /> unreasonable. We don't, we understand if you want to say, you don't have it yet—we even
<br /> proposed that we do an escrow—and say, okay, we are working on this and we won't, they won't
<br /> be recorded to our deed until we complete it; however, we need to be able to use our road. And
<br /> so, it's called an escrow and it's really common in real estate things. But when I spoke with
<br /> Candace at DLNR, she said, "Christian said absolutely not."
<br /> So, but, in correspondences, and so if you can go on the Correspondence book to Page 38I
<br /> doubt that you've all had a chance to read this, whole packet is over 600 pages
<br /> VAN PERNIS: Let me, let me interrupt you, ma'am. Do you happen to have a right of an
<br /> easement over Ho`omaluhia Road? That's a private road.
<br /> F. STONE: Yeah, we are part of the private road. We've been paying membership for 20
<br /> years
<br /> VAN PERNIS: Do you have a-
<br /> 19
<br /> EXHIBIT E
<br />
|