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WINDWARD PLANNING COMMISSION COUNTY OF HAWAIÒI HEARING TRANSCRIPT JUNE 4, 2010 BROOKS & WANPHEN MALOOF A regularly advertised hearing on the application of (SPP 09-98) was called to order at 9:11 a.m. in the County of HawaiÒi, Aupu Conference Room, 101 Pauahi Street, Hilo, HawaiÒi, with Chairman Rell Woodward presiding. COMMISSIONERS PRESENT: Rell Woodward, Dean Au, Takashi Domingo, Zendo Kern, and Wallace Ishibashi. STAFF PRESENT: Brandon Gonzalez (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Norman Hayashi (Planning Program Manager), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner), Jeff Darrow (Staff Planner) and Maija Cottle (Staff Planner). And approximately 13 people from the public in attendance. ABSENT AND EXCUSED: Stephen Ono APPLICANT: BROOKS & WANPHEN MALOOF (SPP 09-98) Special Permit to allow the establishment of a commercial retail and office building, which will include a restaurant, real estate office, an outlet for local farmers, fishermen and businesses t sell products, and related uses on approximately 0.5 acre of land situated in the State Land Use Agricultural District. The property is located at the northwest corner of the KeaÒau- Phoa Road (Highway 130) and Orchidland Drive intersection, Orchidland Estates Subdivision, KeaÒau, Puna, HawaiÒi, TMK: 1-6-10: portion of 137. WOODWARD: The first item on the agenda is a special permit. And I want to bring something to everybodyÓs attention. As you may know this is at least nominally a seven-member board. We have six filled positions, five of us are here today. But it seven to take action. So we need to have four votes to take action on any individual matter. And with regard to special permits, thereÓs a provision whereby if w vote, that is four to one or five to zero, then we have not reached a decision. And if we do not reach a decision then according to HRS 91-13.5 the permit will be issued by default 30 days after this meeting with no conditions attached. So I just wanted everybody to be aware of what the implications of our votes are in that particular situation. All right, okay. The first item on the agenda is actually an item that has been continued at the request of the applicant. The applicants are Brooks & Wanphen Maloof, Special Permit to allow the establishment of a commercial retail and office building, which will include a restaurant, real estate office, outlet for local farmers, fishermen and businesses to sell products, and related uses 1 EXHIBIT A