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appears that at this time the majority to this particular area are accessing their properties through <br />Union Mill Road and then to Pratt Road, which runs parallel with the ocean, or through Maluhia <br />Road. It’s also my understanding that the Association is trying to bring in water improvements <br />and electrical improvements through the access easement in this particular area as well to come <br />down to the properties for the Association. Maybe – I believe there are members here of the <br />Association – they may be able to give a more clear amount of how many are actually in the <br />Association itself. <br />BOWMAN: Okay. I just was curious. I guess I was confused whether Maluhia Road <br />was specifically for the applicant or for all the landowners there. <br />DARROW: It’s my understanding it’s for all the landowners. But prior to it being <br />improved, it was a difficult access and it’s my understanding, too, that was gated. There were <br />times that I tried to go to that particular area and then there was a gate fronting the access <br />easement. The majority, I would believe, access through Union Mill Road. But again, there are <br />two permits at this time that prohibit access using this road: one is the applicants’ property for <br />the Retreat, as well as Alliance Redwoods, which is located where this dot is. Those particular <br />permits had conditions relating to access; both of those are required to use this Maluhia Road for <br />their access. <br />BOWMAN: One more question. Is Union Mill Road a County dedicated road or a <br />private road? <br />DARROW: There was some information in the file. I believe Councilman Leningrad <br />Elarionoff had tried to move to have the road become a County road, but it appears -, I don’t <br />think that happened. I think at this time it’s still a private road. <br />BOWMAN: Thank you. <br />WATANABE: Any further questions? Okay, Mr. Darrow, I have one other question. I <br />recall reading in the background material that there also was an alleged illegal cesspool as one of <br />the violations. I believe they had agreed to septic system that apparently is not installed yet. <br />DARROW: Yeah, it may be installed at this time. The actual lodge on the property is <br />an 8-room lodge that’s -, originally the applicants had proposed using an aerobic system. They <br />came in after that for an amendment. They were looking at it as being a major overkill for that <br />particular project. And there was an amendment because it didn’t specifically say in the <br />conditions you shall do this; there was a condition stating that the applicants need to conduct <br />their project in a substantial manner to what they represented. So in their application they <br />represented that they were going to utilize an aerobic system. It did get approved through the <br />amendment to be able to utilize a septic system. This particular illegal structure that we are <br />speaking about is probably in this location near the top of the property, the mauka side of the <br />property. It’s not in the “permit area.” And it’s questionable whether or not the representations <br />made meant that they would not use cesspools at all on the property or for that particular project. <br />At this point that’s still a question. But regardless, there was a cesspool utilized for this illegal <br />structure, and again no building permits or other permits were obtained for it. <br />EXHIBIT B <br />5 <br /> <br />