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ALAMEDA:Thank you very much, Mr. Frankel. Questions? We have Commissioner
<br />McCall.
<br />MCCALL:Yeah, maybe, just a quick question. I know youre referencing all your
<br />subdivision stuff for large developers, but let me give you, when you talk about Ag subdivisions,
<br />let me give you a -. Okay, Ive got a 90-acre parcel out in Kau. It has a carrying capacity of 15
<br />cows. Its not, you know, its not a productive thing. If I want to split it up and give half of it to
<br />my sons, according to you I cant do it, even though its zoned Ag-20 and Ive got 90 acres. I
<br />cant do it because I cannot make an Ag plan that will show that its a, you know, its a viable
<br />enterprise. Its not a viable enterprise now.
<br />FRANKEL:I think you have a number of options, I think you have a number of
<br />options. First of all, if you wanted to develop it, I dont think the proper course in the Ag district
<br />is to subdivide it. The proper course is to come for a rezoning. If you wanted to give it to your
<br />sons,Idontthinkitisaproblemtocreateatrustwhereyouleavethiskindofstuff.However,
<br />what you have to recognize is while the law recognizes, and I think we all offer, provisions are
<br />made and sympathy is, I mean, we all understand and sympathize with the case of the parents
<br />wanting to leave their children their land. However, what has happened is because of this
<br />concern we have this, the Planning Departments on all the islands, except for Maui these days,
<br />have turned a blind eye to all the massive, massive development projects that take this
<br />agricultural land and turn it into subdivisions, residential subdivisions. And the reason the land
<br />use law was constructed the way it was, was to say we want to concentrate growth in urban
<br />areas, whether that urban area is Hilo, or Waimea, or Kailua-Kona, or what have you. The whole
<br />idea of the land use law was to concentrate growth there and saying that areas that are designated
<br />Ag no can. You can put up one farm dwelling there in your large 90 acres; but to subdivide it
<br />into small parcels, none of which are going to be doing Ag, you said youd divide it up into, I
<br />dont know, 12 parcels or, you know, depending what the zoning is, thats not okay. Thats not
<br />okay. Youve got to wait. Youve got to wait to go to the Land Use Commission to reclassify so
<br />you can deal with all the infrastructure issues, natural resource issues. Because the subdivision
<br />process, currently they are not taking care of the natural resources issues, theyre not taking care
<br />of native Hawaiian rights, theyre not taking care of infrastructure issues like police, fire. And so
<br />what youre getting are scattered subdivisions without adequate government services.
<br />ALAMEDA:Commissioner McCall, follow-up?
<br />MCCALL:Yeah. But, so what youre saying is that if you had it your way, I would
<br />not be able to subdivide my property to give it to my sons?
<br />FRANKEL:Correct. You can give it to your sons through other legal means.
<br />MCCALL:I could not subdivide it to give it to my sons. Thank you.
<br />ALAMEDA:Commissioner Siracusa?
<br />SIRACUSA:Yes. Thank you for coming before us with these. I know that I have had
<br />occasion on many times to you read your book on land use and found it very helpful. I can see
<br />where, including the Department of Environmental Management now that they are in existence,
<br />it would be a good housekeeping measure to include in this; and I would like to see us do that.
<br />7EXHIBIT D
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