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in saying, that, you know, hopefully we can get some more information up to the Planning <br /> Department to further look into this project. <br /> VITOUSEK: Commissioner Carr Smith. <br /> CARR SMITH: Thank you. I just wanted to get some clarity so that we can move forward. It's <br /> my understanding that the missing information is further erosion studies and subsequent reports. <br /> Is that correct or is there something more, Alex? <br /> VITOUSEK: Go ahead, Alex. <br /> ROY: We had asked the applicant to conduct an alternatives analysis to see if the wall structure <br /> would actually alleviate issues on hand or if there may be other options, such as planting <br /> naupaka or directing public beach access to one point only. And these, there are a number of <br /> alternatives that could be presented, but because we, they were never presented, we don't know <br /> if that would be effective or not. So it doesn't seem, because the erosion report didn't really talk <br /> about the effectiveness of the wall or about the impact of the wall, it's unclear if this would even <br /> alleviate that issue. And the applicant has made a number of statements to kind of contradicting <br /> himself here in this meeting, saying that the water would have no impact and the water would <br /> have an impact, the water would sit behind the structure but then it would be drained and <br /> wouldn't move, so I would ask, you know this is from the FEA, so the applicant states, "The <br /> purpose of the project is not to deflect wave energy, or to hold soil in place against the eroding <br /> action of waves, as the structure would be located above the shoreline," so I think there is no <br /> clear purpose, and that is what's troublesome because there is just no clear purpose on the actual <br /> issues. The erosion report never once talks about impacts to the structures; it talks about impacts <br /> to the grassy area. And while Mr. Pieri may be allowing the public to sit in that area, there is no <br /> public access easement that makes that a public area, so it could be closed at any time. Now, <br /> Mr. Pieri would like to, or the AOAO, would like to make that public area, maybe there would <br /> be something that we could do to, you know, change the way that we look at this project, but at <br /> this time that's just, you know,just them being nice and allowing people to come in doesn't <br /> mean that it's in perpetuity. <br /> CARR SMITH: So, that public access corridor that we saw in your report, Alex, takes people to <br /> the ocean but does not take them across the lawn. Is that what you mean? <br /> ROY: They allow them to traverse the lawn area,but, no, there is no public access easement <br /> agreement, so there is no like deeded metes and bounds access point; it's just they allow to come <br /> in one area and then by the, you know, the Kona Reef allows them to traverse across the grass or <br /> at that point enter into the ocean. You could come right into the ocean at that point, step onto the <br /> beach or onto the rock area. But, yeah, there is no actual public access, deeded access <br /> agreement, and that's, this all came out of the shoreline setback variance from the 1980's, which <br /> was triggered by a violation from the Kona Reef. <br /> CARR SMITH: Thank you. <br /> KERN: If I could add just(indiscernible—echo) <br /> 17 <br /> EXHIBIT A <br />