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2008-06-05 TSULLIVAN
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2008-06-05 TSULLIVAN
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WATANABE: Okay, wrap it up, maybe. <br />YEH: Yeah. And I think, I think your point is well taken. But on these issues as <br />to whether or not a shoreline survey was even needed, if you take a look at the rule it says when <br />you have property which abuts the shoreline, then you need a shoreline survey. We know that in <br />’06 the makai edge of the Wai Opae right-of-way was determined to be the shoreline. We know <br />that Wai Opae Road is between the property and the shoreline. <br />I agree, your ability to go out today should have given you a pretty good comfort level that this is <br />really not an issue for their application in terms of where the shoreline is in relation to their <br />property. It’s well outside of a 20-foot, 40-foot, whatever is applicable, and really, let’s try to <br />deal with how to get this thing done today. <br />WATANABE: Okay. Do we have any further questions for the applicant or their <br />representative? Yes, Ms. Siracusa. <br />SIRACUSA: The question that I had asked about would it really make a substantive <br />difference, I was asking that of both Tom and Chris. <br />WATANABE: Exactly. <br />SIRACUSA: So, and Chris never did answer that one. And I was wondering –. <br />WATANABE: I was going to provide Mr. Yuen with an opportunity to rebut –. <br />SIRACUSA: Thank you. Okay. <br />WATANABE: As you recall. <br />SIRACUSA: Good. That’s what I wanted to hear. <br />WATANABE: Okay. <br />YEH: And I think there is one person who wanted to provide some testimony. <br />WATANABE: Well, yes, I have that person here, but we have to get through this part <br />first. Then we go through the testimony. <br />YUEN: The main point of disagreement is a statement that Mr. Yeh made that <br />when they submitted their application, it should have been approved under the then existing <br />rules. The then existing rules called for a certified shoreline when the property abuts, when a <br />property abuts a shoreline; and that’s really an open question in this case. If it doesn’t abut the <br />shoreline in this, they can get a certified shoreline. And if the property, if the state surveyor says <br />that the shoreline is on the other side of Wai Opae Road or in the middle of Wai Opae Road, <br />there’s no problem. <br />22 <br /> <br />
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