2010-02-05 TMOOERS - Laserfiche WebLink

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IWASHITA: Mr. Chair? Mr. Chair? WOODWARD: Okay, excuse me. Commissioner Iwashita. IWASHITA: We still don’t have, we don’t have a name and address on the record. WOODWARD: Yes, if you’ll give us your name and address first, and then -. HIGGINS: David Higgins, Alston Hunt Floyd & Ing, 65-1241 Pomakai Place in Kamuela. WOODWARD: Okay. HIGGINS: With respect to the standing issue, my client, as the staff has indicated, has a lot that is, although not immediately adjacent to the applicant’s property, almost adjacent, one sliver of land between the two. She has experienced issues with noise from unpermitted activity that has occurred on the applicant’s property. It is our understanding, her understanding that the applicant has been using his property for unpermitted uses and is attempting to correct that by seeking a permit at this time. He has a loud speaker system that has been set up. He had scheduled a reggae concert in this arena at one time, that apparently was cancelled because of the complaint. And he has been conducting, what for lack of a better term, would be perhaps termed a flea market or swap meet on weekends there. And these all impact my client in a number of ways. She’s not going to oppose agricultural-related farmers market activities on weekends and other activities that are Ag related. But she’s concerned about the open-ended nature of the application; and she’s concerned about the history of this particular property. WOODWARD: Okay, Madam Director. LEITHEAD TODD: Yeah, I was looking at the request for a contested case standing. Many of the concerns expressed by the request are no different than what would be concerns of the general public. However, the specific issues as to the noise on her property I think are sufficient to say that she has an individual and unique interest in this application and should probably therefore be granted contested case status. WOODWARD: Okay, I would tend to agree.Does anybody have any further comments or questions? Commissioner Domingo. DOMINGO: I know they probably hold horse shows and rodeo activities there and it’s amplified. Is that a permissible use of the property? Does that give cause or reason to approve the contested case hearing? LEITHEAD TODD: I think what we have here is we’re not exactly sure what the PA system is used for, whether it’s used in conjunction with the specific uses they’re applying for, or whether it’s being used in conjunction with what I would consider permissible uses on Ag land. And I would consider the, you know, equestrian uses to be permissible. But because we don’t have that information on how it’s used and how it’s directed and the proximity of this landowner, I think that it is wiser to give her standing than to deny the standing and risk that later on you have 3 EXHIBIT B