2006-12-01 Planning Commission Minutes

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apply to caves, and that the Legislature a few years ago passed a law that said one cannot enter a cave without the permission of the owner. In response to Commissioner Savalea’s inquiry, Mr. Darrow said because of the neighbors’ concerns the applicants have agreed to have their guests use only Lanihuli Street; however, the applicants themselves wish to have the option to use Second Road. In response to Commissioner Siracusa’s inquiry regarding the comment by Kurt Kendra and Augie & Evie Apicerno to seal or block off Second Street, Mr. Yuen said generally the Commission can impose reasonable conditions on B&B permits or other use permits to protect neighbors from harm or adverse effects from a B&B operation; however, if it is unrelated to the B&B, he would recommend the Commission not impose conditions to resolve neighbor disputes. The applicants, Dan and Shannon Fisher, were in attendance. Dan Fisher clarified that he did not agree to seal or block off Second Street but he did tell the neighbors that the entrance and exit for their customers would be through Lanihuli Road and Second Road would be used for family members only as an option. Shannon Fisher said she explained early on to a Mauna Loa Estate Road Maintenance member of the importance to use Second Street to build their home because of the Kazamura Cave and she did state she did not have a problem putting a gate there to limit access to other people driving in and out, but that it was necessary for their personal use. She said she did not want to close off Second Street permanently as they want to retain their access rights for themselves and, also, to future buyers of the property. Mr. Darrow clarified that as there is the possibility to subdivide the property directly down the middle of the property, the applicant is concerned about cutting off any access since one property would have access from Lanihuli Road and the other would have access from Second Street. In light of Commissioner Watanabe’s inquiry, there was some discussion about the Department of Health requirements for a septic tank system. Mr. Darrow stated that the applicant would not be able to obtain a building permit without complying with the Department of Health rules. There was no one from the public wishing to testify on this agenda item. It was moved by Commissioner Watanabe and seconded by Commissioner Salavea that the application be approved based on the Planning Director’s recommendation with conditions. Mr. Yuen clarified that the applicant is actually proposing two bedrooms in the existing house and then three bedrooms within the proposed second dwelling for the bed and breakfast operation. A roll call vote was taken and motion carried with eight ayes (Watanabe, Salavea, Galdones, Iwashita, McCall, Rho, Siracusa and Alameda) and one absent and excused (Graham). RECESSED The Chair called a short recess at 10:09 a.m. RECONVENED The meeting reconvened at 10:21 a.m. 3