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More and more people are using that trail. And the way we have a choice not to have a pool 5
<br />feet from the wall when it is, it is not a hardship to do that, is a reason why it impacts the public
<br />interest and should not be approved.
<br />GRAHAM:Could I just briefly think that what youre sort of saying is like the
<br />ambiance of the public way is harmed? Is that kind of what youre getting at then?
<br />ROTHSTEIN:Well, ambiance is kind of a, kind of a weak word. Its a- but, but you
<br />might say that. Thats right where you have a pool where people are walking. You have people
<br />sitting in the pool, swimming in the pool, people walking right by, right over there, thats how
<br />close it is. Its not, its not a good situation to have it like that when you have a choice.
<br />GRAHAM:Thank you.
<br />SPRINGER:OtherCommissionersanyquestionsforthetestifier?Commissioner
<br />McCall, then Siracusa.
<br />MCCALL:Yeah, my question, I brought this up during our site visit I, this might be
<br />the best time and I think Ill probably direct it to the Planning, Deputy Planning Director. Its
<br />more just to clarify when the shoreline was recertified and moved approximately 20 feet more
<br />mauka, the Laurance property. Well, their title did not change on any of this property. I mean
<br />the pins are still there, so it is, in effect is, the public easement over the property. There is a, I
<br />believe theres a, I dont know exactly how to phrase this. But, in effect, it was, you could say it
<br />was a taking of, you know, by the government of land, you know, where government sometimes
<br />will compensate people when they take, as a taking. Lets say if you, if the government down
<br />zoned a piece of property, to me, in effect that is what happened with this from 20 feet, 20-foot
<br />section was in effect down zoned, you know, to a point where he couldnt use it. But I dont
<br />believe there was any compensation for that. Im just, Im not sure about the, on this, is there
<br />any other, you know, precedence in this type of situation?
<br />TAKEMOTO:It does get rather complicated, the shoreline. But the certified shoreline is
<br />a tool of regulation, it doesnt change title. So the only significance of the certified shoreline is
<br />where you start measuring the regulated area. So, in this case, because the certified shoreline is
<br />at the base of the wall thats where we start measuring the 20- or 40-foot shoreline setback area.
<br />Your question about -.
<br />(End of tape)
<br />MCCALL:If you own- if you bought a shoreline lot and then the lot is all covered and
<br />extended, its that you now no longer own a shoreline lot.
<br />TAKEMOTO:Yeah, that gets into title questions that I think were getting kind of off
<br />track for this.
<br />MCCALL:Thank you. Retract it.
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