2021-07-15 Leeward Exh D (Amend SMA 286)

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VITOUSEK: Commissioner Yates. YATES: Just a quick question, hopefully it's quick. If this project has been approved previously and, you know, back in 2008 or whenever it started, then how come we are looking for another extension, rather than just getting it going? That's what I'm confused about. And since the developer said they have the money, they don't really have to go and get the money, then why isn't it just doing it? Or is something missing? VITOUSEK: They ran out of the time on their condition to secure Plan Approval. So they didn't, they didn't go out and do it, that's the problem. They didn't do it, and then the time clock ran out on that; now they need more time in order to meet the requirements. Do you have another question, Commissioner Yates? YATES: Actually, it's not another question, I'm just saying that if they had, if they were able to, I'm just not understanding why they didn't, you know, at the time, because like he said, Commissioner Van Pernis said, it has been almost 40 years SCHLUETER: Can I pause you real quick? Can I pause you real quick? We are waiting for a motion on the floor before we fully engage in discussion. If we can finish questions, and then you folks get to discuss further. VITOUSEK: Okay. The last question I've got is in regards to the historic trail. So we are in a situation where Na Ala Hele has made a claim that there is fee simple land on this property that is owned by the state as unencumbered land under control of the Board of Land and Natural Resources. This doesn't mean that it's been fully adjudicated to prove that in fact that land is owned the state. Is there a drawing of the site plan that shows the location of the trail? KAY: Yes, Mr. Chair. I added that at the end of my presentation just in case this question came up, and it was included in the response that Mr. Fuke provided as part of the report in compliance with that condition related to the trail. But give me one moment, I will share my screen and identify the general location of the trail. Give me one moment, please. Can everyone see this? VITOUSEK: Yes. KAY: Okay, great. So just for reference, we've got parcel 78 here,parcel 90 here, the approximate location, or area, of the trail segments as was identified in the 1980 AIS is generally in this area, that circle, and so, as you can see, at least according to this preliminary site plan, structures and improvements would avoid that area. Because of the statements relative to it being unencumbered state land, we decided to request that a metes-and-bounds survey be conducted so that the area could be identified on the ground such that should the area be used, they could appropriately secure an easement from the Board of Land and Natural Resources. VITOUSEK: So the trail KAY: Or avoid it in their development. 21 EXHIBIT D