2003-09-11 Planning Commission Minutes

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of the right-of-way. He added Mr. FukeÓs correspondence to Mr. Van Pernis clearly indicates there would only be a settlement agreement if there is a universal settlement. Mr. Tsukazaki, at this time, asked the First Vice-Chairman to not let Mr. Van Pernis interrupted him as he was just trying to correct the record. In response to Mr. HeimanÓs concern that large buses will bring large crowds, Mr. Tsukazaki noted the permit condition limits the total number of visitors per day to 80, and the large bus evidence indicates it could carry 55 to 60 people. He said the incident about the Labor Day illustrates one of the difficulties they have where as the tours are arranged by other companies his client does not have prior knowledge of the tour. Regarding the concerns of Ms. Heiman and Mr. Krueger, Mr. Tsukazaki said the 55 decibel reading condition imposed upon Doutor is a residential decibel, whereas the neighborÓs agricultural level is 70; and that it was DoutorÓs understanding that the decibel level pertains to any sound coming from the operations relating to sales and tours. Mr. Tsukazaki, at this time, informed the Commission of its intent to resubmit a more accurate request at a later date. In response to the inquiries of Mr. Tyler and Mr. Krueger, Mr. Yuen clarified that since no one has made any motions and there is no interest by the Commission in entertaining the request made by the applicant, there is nothing further for the Commission to do on this agenda item. The First Vice-Chairman stated the public testimony and the hearing on this item have been closed as no motions were made. At 5:24 p.m., the Commission took up the following matter: PRESENTATION ON KONA CIRCULATION PLAN AND ROADWAY ISSUES - Mr. Hayashi noted as the Deputy Planning Director had to return to Hilo, this matter will be deferred to a later date. He added that copies of the plan have been distributed to the Commission (SEE EXHIBIT E). ADMINISTRATIVEThe following were discussed under administrative MATTERSmatters: Ako/Anjo v. Vipassana Hawaii Meditation CenterÓs Permit Î Mr. Masuda said the Hawaii Supreme Court denied the petition for certiorary. Appeal of Ako Anjo v. Watkins/SunderlandÓs Permit Î Mr. Masuda said the parties will not ask for oral argument and the Court will rule on just what were subm Businesses Functioning Without Permits Î In response to Commissioner KubotaÓs inquiry, Mr. Yuen strongly advised the Commissioners against getting involved in the enforcement aspect of filing complaints on businesses that are functioning without permits, noting a 10