2008-06-05 TSULLIVAN - Laserfiche WebLink

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and the congested case rules do apply. They can be waived by stipulation. One of the rules that we recently had to pay more attention to was HRS Section 91-11 which basically says that when all of the Commissioners who are voting on the matter, the contested case matter, were not at all of the hearings then the parties have the option of having a form of a decision, a proposed findings and conclusions, before a final decision is made and the parties have an option of asking that the matter be continued to allow them to look at a proposal of a decision and then to file exceptions and ultimately to argue, have oral argument before the Commission before a final decision is made. So that is an option procedurally for the parties to think about as we proceed today. WATANABE: Okay. So maybe we can get your response when you set up -. WOODWARD: Mr. Chairman? WATANABE: Yes. WOODARD: If I could ask Mr. Torigoe a question. If none of the public contesting this, why is it potentially a contested case? TORIGOE: Because the Planning Director remains, I think, a party. WATANABE: Okay. So, Mr. Darrow, you want to start this off? DARROW: Sure. Thank you, Mr. Chairman. Good afternoon, Members of the Planning Commission. Just as a, earlier this afternoon we did conduct a site inspection. This is a continued hearing. At our last hearing the Planning Commission voted to continue this matter to allow the Planning Commission to conduct a site inspection of the property. That was today at 1 p.m. We were able to view the applicant’s property, as well as Wai Opae Road, the residences in the area, and also speak a little bit about a site inspection conducted by representatives of DLNR and the Planning Department yesterday. If I can direct your attention to the board, the applicants in this case, John T. and Katherine Mary Sullivan, have submitted a Special Management Area Assessment to be able to construct a single family dwelling on their property. This is a review of the Planning Director’s determination that the SMA Assessment that was submitted for the construction of the single family dwelling and related improvements is incomplete because it lacked a shoreline certification. The location of this property is within Vacationland Subdivision. Earlier today we had traveled to the site. This line running in a maka/makai direction is Kapoho Kai Drive. The line, the road running perpendicular or parallel with the ocean is Wai Opae Road, and the Sullivan’s property is identified with a black outline. Again we had mentioned at the site inspection that this is just a tax map and it identifies private property. There are smaller lots that are on the makai side of Wai Opae Road, as well as a large 50-acre property that is also identified makai of Wai Opae Road. This is an aerial photo that was taken in 2004 of the Kapoho area. This is a little difficult to see, but for reference the actual area is in this particular area of the subject property. We did reference this afternoon the brown circular dwelling and that’s located just mauka of this property. We do have a closer up of the property. You can actually see that brown circular dwelling. So the property that we are looking at is just makai of that property. Wai Opae Road is identified in this particular area here. We actually were parked right about in that area. This is 2