2021-02-18 Leeward Exh A (SMA 20-076 & SSV 20-012)

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KERN: Not to my knowledge, but I'll defer to Alex; he's got a lot more technical data on this. ROY: I have not, staff has not come across any formal deeded easement in perpetuity, no. VITOUSEK: Mr. Pieri, go ahead. PIERL I have (indiscernible–echo)that gives that easement to the county, or to the public. VITOUSEK: Now, is that something that our corporation counsel can weigh in on and let us know? Because I believe it's important to the consideration of this project whether or not there is, this is formally dedicated to public space or not. HALL: I would have to see the document, so if you could forward the document to the department, I can review it. VITOUSEK: Is the document included in our submittal under the settlement agreement. PIERL No, the document(indiscernible–echo) included in the application (indiscernible– echo) SMA and SSV(indiscernible–echo) VITOUSEK: Yes, I think I'm looking at it now, you know, I just want to hear from our attorneys and our staff that this is existing. It's in the application, variance application, portion directly after the section on the settlement agreement. Things don't have page numbers, so I can't easily refer you to it. (Pause) Has everyone been able to find that? It's a description of the lateral access area. HALL: What section of the document? Like halfway (indiscernible–echo) VITOUSEK: Roughly one-third into it. I mean, I guess it's besides the point, if we, if our staff hasn't been able to review the material in this submittal, it seems as though we are not at the point where we are capable of making this recommendation. You knowI will continue—I believe that what we are bound by is reviewing the variance pursuant to Chapter 205A-46. Subitem (8) indicates that the private facility must not affect beach process resulting in flanking shoreline or artificially fixing the shoreline,provided that the authority may consider any hardship that will result to the applicant if the facilities or improvements are not allowed within this area. So, basically, as it is now, I don't believe that we have enough information on the flanking and the beach process based on the information that's been provided. We need to have information that can provide us with that. Additionally, it indicates that private facilities or improvements this is Subitem (9)—may artificially fix the shoreline,provided that the authority may consider hardship to the applicant if the facilities and improvements are not allowed. So, looking at the applicant's erosion study—and I just want to ask, Mr. Pieri, if you are in agreement with the findings of the erosion study that you presented. PIERL I'm not the expert or don't claim to be expert, but when someone is paid to, someone is paid to do something and they had the credentials,then I'm bound to believe what they say. 20 EXHIBIT A