2009-01-15 THAWAIIAN RAINFOREST - Laserfiche WebLink

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Company. Shipman didn’t own those railroad rights-of-way. So these are, there are three breaks in Milo Street that title is in question. Now I don’t want to bore you with that. But, in effect, Shipman did not own those railroad rights-of-way so they had no legal ability to convey an easement over those railroad rights-of-way. And it’s a legal issue; and frankly I don’t think the Land Court can resolve it. I think it’s going to have to be resolved in Circuit Court, if it goes that far. I would like to let the Commission know that Shipman has been negotiating with the applicant since the last Planning Commission hearing to try to resolve these issues in a good faith manner. So it’s not that Shipman is attempting to deny the applicant any use of its property. But Shipman has some serious concerns, one of which -. And shifting from the legal issue which I know you guys don’t have the authority to resolve, but getting to the planning issue which is your jurisdiction, Milo Street is not adequate to handle Limited Industrial uses. As I understand it for Limited Industrial you need a 60-foot right-of-way and at least a 32-foot wide paving. Milo Street varies in width, the paving somewhere in the 20-foot range. So Shipman as the owner of the roadway has serious concerns with respect to liability, safety, if the use in that area is increased to Limited Industrial 1-acre, which means you could have 10 separate Limited Industrial lots on this property. And it’s a real concern on Shipman’s part. The other aspect of it is, I think Mr. Yeh has gone over this and I don’t want to belabor the arguments that Shipman has presented, but the Community Development Plan designates this area for Agriculture, not Industrial. And the infrastructure is inadequate to have this area utilized for Industrial uses. It appears Commissioner Woodward would like to ask me a question. WOODWARD: Only if you are through. MOORE: No, I’m fine. WOODWARD: Okay. WATANABE: Go ahead, Mr. Woodward. WOODWARD: Chairman, thank you. What is the acreage of the Shipman Industrial Park? MOORE: I don’t have that, I can get that information to you. You’re talking about the Shipman Business Park? WOODWARD: Right. MOORE: Yeah. No, it’s, I don’t know. Unfortunately Mr. Walter is not here. WOODWARD: Okay. MOORE: But we can get that information to you. WOODWARD: Well, let me just ask a pointed question. This is right across the street from where the Shipman Industrial Park is; and I get the impression that perhaps this is EXHIBIT A 9