2008-05-08 Planning Commission Minutes

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indicated it was not their intention to file the petition for standing but just to submit their comments. In light of Mr. Torigoe’s reference to Planning Commission Rule 4, Mr. Watanabe as the presiding officer continued this matter to the May 22, 2008 Planning Commission meeting, noting the applicant’s desire to expedite the hearing. RECESSED The Chair called a short recess at 11:06 a.m. RECONVENED The meeting reconvened at 11:21 a.m. SPP 08-000050The Commission took this item up at 11:21 a.m. with 4 people CROWN CASTLE USAfrom the public in attendance. KUKAIAU, HAMAKUA APPLICANT: CROWN CASTLE USA (SPP 08-000050) Special Permit to allow the retention of an existing telecommunication tower, antenna and accessory buildings and uses on approximately 1,600 square feet of land situated within the State Land Use Agricultural District. The property is located at the Iolehaehae Crater, Kukaiau Ranch, Kukaiau, Hamakua, Hawaii, TMK: 4-2-8: portion of 21. Mr. Darrow oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the request and noted the Planning Director recommended approval of the application with conditions. In response to Commissioner Siracusa’s inquiry, Director Yuen noted proposed Condition 4 incorporates the Department of Interior’s recommendation to apply for a Section 10 permit to address the concern of endangered species in the area. Mr. Darrow noted that no lights are proposed on the tower. The applicant’s representative, Charles Fortner, stated he did receive the Planning Department’s background report and recommendation. He requested deletion of proposed Condition 4 as it is possible that the Department of Interior may require a bird study be done both in the spring and the fall which costs approximately $40,000 each, noting however if the study is required they will comply. Chairman Watanabe said he did not see any reason to remove the condition, noting hopefully the Department of Interior will provide him with some flexibility. For Ms. Bowman’s information, Mr. Fortner said the Division of Fish and Wildlife has said that they would allow a shared report with the other cell companies in the area, although the other companies would have to agree to share in the cost. Mr. Fortner added that so far the other companies have not been required to do the studies, noting the Department of Fish and Wildlife has not replied to requests for letters of no concern by the cell tower companies. Mr. Yuen said the background report says there was a botanical survey report prepared by Phillip Conley who reported no sightings of threatened or endangered species of plants or animals in and around the site. Mr. Fortner said this study was done back in 2000 for the US Cellular site 4