2022-08-18 Leeward Exh B (Items 4 Meneghetti PL-SMA-2022-000017)

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VITOUSEK: No, you are not. NICHOLSON: Okay. VITOUSEK: Unfortunately, those processes exist in the laws that we have to follow in terms of giving SHPD the opportunity to review and comment on a project that has potential to affect historic sites, and so to me the question is not whether they get the opportunity to review it. I think they have to, based on State Law, they have to have the opportunity to review and comment on this project. The question is whether we put that as a condition, and then it dangles out there with SHPD, and it's up to you and them to work through the process independent of us, and then the permit would only be issued after they've given the stamp of approval for the completion of the historic preservation, excuse me, historic preservation review process, or if we ask you to go and to defer this for now to send in an application to SHPD through Alex and the HICRIS system, and if they don't meet their deadline, then you come back in here, and we make the call and we say that we are going to issue it with these conditions NICHOLSON: Can, can we hash out those conditions at this time to make the most of that, so we don't VITOUSEK: Yes. NICHOLSON: we kind of know where we are starting? And then the other question I had again this is my ignorance exposing itself but I thought that the Planning Director had the opportunity to, in this case, not send it to SHPD, but I think I heard you just say, no, we have to send it to SHPD. Or do you mean, is that an ethical thing? VITOUSEK: In my opinion I think we have to in this case because of the nature of the site, the location of it— NICHOLSON: I see. VITOUSEK: the fact that there, the law says that if there is a possibility for it to affect historic properties, then SHPD must have the opportunity to review and comment. So they can pick and choose, you know, on permits that they think are not going to have any effect on anything; if there is a graded area in the area removed from any historic properties completely, then they can choose that. But in my opinion, something like this we have to send that to SHPD for review and comment. DEFRANCO: So, Mike? VITOUSEK: Yes. DEFRANCO: So,just so I'm clear, too, because what I'm hearing the applicant saying that if they provide an archaeological person there when the pool is being dug and to make sure nothing is disturbed, maybe is that a better route to make sure that this project is being done correctly? I 18 EXHIBIT B