2005-01-21 TIMMING - Laserfiche WebLink

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TAKEMOTO:Mm. Who would be providing this notice? You mean they would-? SPRINGER:The developer. TAKEMOTO:Is that required under the building permit? SPRINGER:No. TAKEMOTO:No. So you were thinking of including it as a condition that they just provide notice of start of construction to the-, to this owner? SPRINGER:And then as were discussing now, providing a course of action in the event of any damages, Mr. Torigoe? TORIGOE:Thank you, Madam Chairman. I think if the concern is to make sure that theintervenordoesntmisstheboatinmakingclaimsfordamages,itseemslikeitwouldbea good idea or it would be a plausible idea to have a condition that requires the developer to give the intervenor say two weeks notice of the start of any excavation work so that they know that theres something coming. And then they can then take whatever steps are necessary to document the condition of the property before the excavation occurs, and preserve whatever evidence they need in the event that they need to make a claim. I dont know that it would be prudent for the Commission to try to lay out any particular course of claims action after that. You know, I wouldnt want the Commission to be in the position of having given some form of legal advice, or being liable for that. SPRINGER:Thank you for that, Mr. Torigoe. So, there might be a condition of notification, two weeks notification prior to the beginning of construction, and that would be the recommended course of action to document the condition of adjacent properties, and that would be the sufficient guidance that would come via the condition. TORIGOE:If that much. SPRINGER:Okay, thank you. DAVIS:If I may. We will take every precaution to make sure that the adjacent properties are monitored to make sure no damage occurs. When I meet with the contractors this will be one of the issues that well bring up as a major issue that in the field theyll be able to observe whats going on with the adjacent properties; and if theres any potential for any damage, that theyll have their eye on it. SPRINGER:Thank you, Mr. Jung. JUNG:In any event the two weeks notice would be okay. SPRINGER:Thank you, sir. Commissioner Siracusa?