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Keola Lindsey from the Department of Land and Natural Resources, State Historic Preservation <br />Division and also Joe Derby who is with the Hawaii Conference Foundation. These witnesses <br />have been served. You folks should have received a copy of the subpoenas recently. It€s my <br />understanding that 2 of the witnesses here, the applicant or the intervenor might be able to <br />answer why the, Mr. Derby is not present today. The applicant in this case, Daniel Ibbetson is <br />represented by Dennis Krueger, attorney Dennis Krueger. And the intervenor in this matter is <br />identified as Dean Kaiawe who is being represented by attorney Mike Matsukawa. Just for, to <br />bring the Commissioners remembrance of this matter. This application, the area of this <br />application is within the South Kona District. This white line moving in a north-south direction <br />across the middle of the map is identified as Mamalahoa Highway. This area here is the Kona <br />Paradise subdivision in South Kona. The application is identified, the area of the application is <br />identified with a blue dot that is just south of the entrance to the Kona Paradise subdivision. The <br />applicant in this case, Daniel Ibbetson is requesting a special permit for a 2-unit bed and <br />breakfast operation. Referring to the site map that has been submitted by the applicant, this will <br />beMamalahoaHighwaywhichisidentifiedhere.Theapplicanthasa10-footeasementthatgoes <br />through a property, parcel 2 that is between the highway and his property that allows access from <br />the highway to his property. The area of the residence is located here on the property. The 2 <br />bedrooms that will be used for the bed and breakfast operation are identified in colors. The-. A <br />major concern of this application is the identification of gravesites on the property. There are 2 <br />gravesites identified on the map as gravesite A and gravesite B. The Planning Director is <br />recommending that this application be approved by the Planning Commission. The, just to <br />address 2 conditions. Condition 2 states that the applicant will need to receive a permitted access <br />to the highway prior to the establishment of the bed and breakfast operation. And then more <br />recently to address the concerns regarding the gravesites on the property Condition 7 was added <br />which states the applicant shall maintain the perpetual non-exclusive easement and right of entry <br />over the visit, over for the visitation, maintenance and care of the existing gravesites located <br />within gravesite A and gravesite B identified as easement 1 within the applicant€s deed to the <br />property. Are there any questions? <br />ALAMEDA:Fellow Commissioners questions? I think we all remember now this <br />application and keep in mind this is a contested case so there is a little bit more formal <br />proceedings and structure to this. So I will be asking Corp Counsel to guide us in this process <br />and if, if Mr. Torigoe you don€t mind just sharing kind of where we left off and what we need to <br />do right now to complete this agenda item. <br />TORIGOE:Thank you Mr. Chairman. As Mr. Darrow indicated we had, you had <br />taken a continuance for the purpose of allowing subpoenaed witnesses that the parties would like <br />to bring forward to try to respond to the concerns which the Commission had raised in their <br />earlier hearing. And so at this point in time you would just resume the taking of evidence and <br />allow the parties to go in their usual order I think to present whatever new witnesses that they <br />would like to present. Unless the parties have some other order or procedure that they would like <br />to stipulate to. <br />ALAMEDA:And could you share the order with us? <br />EXHIBIT B <br />2 <br /> <br />