2008-06-05 TSULLIVAN - Laserfiche WebLink

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WATANABE: Okay, Mr. Domingo? DOMINGO: Mr. Chairman, then our responsibility and our task on this particular application is to determine whether the application submitted at that time is appropriate or not, well, incomplete or a complete one. That’s action we should be taking now, is that right? WATANABE: Pretty much. It’s really, you know, in the end because of the way the rules are stated, the way I understand it, the decision is really up to us now. It’s really in the, and we are the final body that approves or disapproves an SMA Permit. Yeah, so, from a technical standpoint, I think we could decide for whatever reasons, either which way. However, just to be fair, I notice that Mr. Yuen has been taking some notes. So maybe I should provide you with some time? You want to rebut on some of these? YUEN: Well, I’d like to wait till – there are quite a few things I’d like to rebut, but let me just confine myself to the last question. WATANABE: The septic? YUEN: No. The question about what is the Commission doing -. WATANABE: Oh. YUEN: What is the appropriate action for the Commission to take at the end of this. And so let me try to give the possibilities for the Commission. Our recommendation is that the Commission affirm that they need to do a certified shoreline, and then they can resubmit. And then there’s a number of possibilities which would include that. For example, if they presented a house site that was outside of the shoreline setback area, the Department could approve the application with, as either an exempt action or as an SMA Minor Permit if it’s less than a $120,000 in value. The Director, if they build outside, sorry, if they can build without violating their shoreline setbacks, the Director cannot actually deny a house. The only thing the Director can do at that point, if the Director feels that the project has a substantial adverse environmental affect, the Director can say that it should get a Major Permit and send it on to the, send it on to the Planning Commission. So, basically, at this level, our recommendation is that you simply return it to the Department, require them to get a certified shoreline survey. And those are the things that would happen after that. On their side, I believe what they’re asking, the possibilities are to – the project could be exempted because a single family home, single family dwelling, can be exempted. Normally, if the Department exempts a single family dwelling from getting a SMA Major, from being considered development and getting an SMA Major Permit, there are conditions that are placed on the exemption. 16