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2009-01-15 THAWAIIAN RAINFOREST
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2009-01-15 THAWAIIAN RAINFOREST
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that access resolved by that point.But let us continue with the process so that we can continue to <br />have this working sort of parallel track. <br />ARAI: Obviously to resolve this issue with the Land Court could probably take <br />half a year which would go beyond the period where the Council could probably act on this <br />change of zone request. So to delay it for that period of time may be an extreme hardship upon <br />the applicant. I am willing to consider a compromise position which is probably to offer our <br />support conditioned upon they continue to attempt to resolve the access issue. <br />WATANABE: Prior to Council’s approval? <br />ARAI: Well, that was originally my hope, that we could move this application <br />forward with such a condition that the access continue to be worked on; but I was really hoping <br />that prior to Council taking action that a resolution be in place and that would afford, I’m not <br />sure how long it takes, but maybe another three or so months to go through the Council process. <br />I need to chew on this a little bit more before I make a decision. <br />WATANABE: Okay. Mr. Fuke, you have something to add? <br />FUKE: Yes. It’s more like just following up on Mr. Arai’s concern which I can <br />understand, you know, not wanting to burden the staff. But, however, I would liken this access <br />question in the same way as like if you have like an archaeological report and then the <br />archaeological report says that there’s a burial on the property. So I don’t believe that the <br />Commission would not take action because there’s a burial on the property. However, there <br />would normally be conditions that would say prior to receipt of plan approval that you would <br />have to have an approved burial treatment plan or burial preservation plan. And the proof of that <br />is the submittal of that plan plus the letter from the DLNR-SHPD or the Hawaii Island Burial <br />Council. And, you know, with that then it’s proof to the Planning Staff as they review the <br />application that this is a burial site and this is how we accommodate that. So likewise, you <br />know, the hope was to be able to provide evidence, simplified evidence, along those lines to the <br />staff in conjunction with the plan approval process. <br />WATANABE: Okay, we do have two other witnesses that have signed up to testify. So if <br />there are no other questions of the applicant’s representatives maybe both parties can mull over a <br />potential condition while we take testimony and see how we move along with that. And maybe <br />we can resolve this a little later on. Okay? So you may seated. Or, Mr. Sulla, did you plan to <br />provide further testimony than you’ve already provided? <br />SULLA: I would just request if I could have the ability to speak following the <br />comments of the other parties, just because there may be issues that are stated that I’d like to <br />have comments on. <br />WATANABE: Typically the applicant’s representatives would have an opportunity to <br />rebut. <br />SULLA: Okay. All right. Well, that’s all I need. <br /> EXHIBIT A <br />7 <br /> <br />
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