2007-04-05 TMAKAALA - Laserfiche WebLink

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DOMINGO: Yeah, if applied, on what basis would I be denied or approved such an application? YUEN: Your question and thought process is exactly the same as the thought process that goes in looking at this application and looking at others. We actually have recommended denial of some applications based on site, based on site specific issues. The aspects of this that weigh in its favor are the tie-in to an agricultural processing facility that seems to be a bonafide agricultural processing facility that, you know, they have a coffee roasting enterprise that is in support of agricultural uses. This is primarily, the way it’s presented it’s limited to, apart from incidental items that are like t- shirts with their logo on it, the current permit involves, is limited to sale of agricultural products grown on the island or processed on the island that would be in a certified kitchen, for example. And as far as consistency with the area, there was a, I believe still is, a gift shop I think as a grandfathered use in the area. And these were the basic factors. There’s also, the site specific issues of how you were going to turn off the road, there’s this old Volcano Road so they didn’t have to go turn directly into the property. So there were a number of factors which tipped the scales in favor of this application which might not in another application. DOMINGO: So the site or the area which I might be considering is conducive to what you’re saying. And if I would establish a plant, for instance a macadamia nut processing plant, husking and drying then certainly I would meet that criteria? YUEN: You’d have to go through the same kind of an analysis. But, yes, it could lead to a favorable, you know, with all the factors being the same, the fact that one is, say, on the Volcano Highway and the other is on the Hamakua coast in itself does not change, does not make a difference. DOMINGO: Okay. You know, considering the thought process and the application of such a permit, now the State Legislature as I indicated is considering a bill that would promote Ag Tourism. And one of the particular requirements was that in so conducting a so-called business like this and you’re having tours on the property, that it would have to be pertinent to what you’re growing on the property as a farmer. Now in this case they’re not growing, they’re not using or they’re not selling anything that they’re growing on the property right now. Now how can one rationalize and determine what is proper and not in this case. What I’m afraid is that there might be others who’d grasp at the same logic that you’re giving right now and apply for a similar kind of permit. PATTON: May I answer that? GRAHAM: Hold on a second please. We’re discussing back and forth, and we’ll call you if we need you. Mr.Yuen? EXHIBIT B 10