2022-04-07 Windward Exh B (Item 1 Holcomb PL-SMA-2021-007)

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anybody that's not used to or has experience with this area. Even once you get down to the rocky shore, you can see the waves crash over there, so not a place for the public. But again, for those fishermen who have used the site in the past and have experience using that site should be permitted access. This is a view of Mamalahoa Highway. The driveway entrances are on your left, so this is a view south. So, the applicant will access their property through an easement off of that paved area on the left-hand side of the photograph. And then, here we can see that same access this is looking north along the highway and the applicant will gain access through this easement that attaches to this area here and the driveway will extend to the property. I have one amendment to Condition No. 3. An incorrect date was added so it's really just a change of the date. In No. 3 "The construction of the single-family residence and related improvements shall be conducted in a manner that is substantially representative of plans and details as contained within the SMA Permit application dated" October 10, 2021 not October 29, 2020. So, I would like the Commissioners when they vote to approve or deny if they vote to approve to include that amended condition. So, we can just change the date, the application date that's the only thing. So, the Director's recommendation for PL-SMA-2021-000007 is the approval with stated conditions. AU: Thank you, Mr. Roy for the staff presentation. Any Commissioners have questions for Alex? Commissioner Galimba question? GALIMBA: Yes, thank you Chair. So, I just wanted to be clear about the access. There is or is not an easement for not the public, but for fishermen to have access to that in perpetuity or is it just a license, potential license? ROY: Yes, there's no actual easement. The interviewees stated that they have been accessing this area for five (5) generations but there's no stated or deeded easement or access to date. The applicant has taken upon themselves to create this easement for access for fishermen who have used the site, so it'd be through a licensing process between the applicant and the fishermen in that area. So, yes, there is no easement now currently it's just a historic access. AU: Alex, I have a question. From the pictures that you showed to me. That access to the ocean is very dangerous. I don't think you can answer this question, but I guess the question I have for you is. What is the liability on the applicant and the landowner if something was to happen, for any land for that matter? ROY: The applicant may be able to speak clear to that, but I think in the licensing process that the applicant wants to set up with the fishermen it would, I think to reduce liability that's the process that they want to set up. And part of the reason why the applicant and the Planning Department didn't really feel the public should be going down there. As you saw from the photographs it's very dangerous and only those people that have experience really have any business kind of going down there because it's so dangerous. 3 EXHIBIT B