2008-06-05 TSULLIVAN - Laserfiche WebLink

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And, in the Wai Opae Road situation, I, you know, there are types of construction that can be done, relatively minor construction and not building a house, that can be done within even the shoreline setback area. And if you can’t see the difference -. I think the Commissioners, I’m sure, can see the difference between a relatively minor work on Wai Opae Road which provides the, which is the access road to all these properties, the parking lot for the public shoreline access parking area there, and knocking down lava protuberances that make it hard to park in the parking area, and a permit to build a home. I mean I think the differences are obvious. WATANABE: Okay. That was – yes, Ms. Bowman. BOWMAN: I have a question. Wai Opae Road is, and I’m just, just from my, I’m not trying to tit for tat. But you had mentioned that somebody wouldn’t, they said you didn’t need the survey because it does not abut the ocean. Who, just from my knowledge? SULLIVAN: Niels Christensen, Independent Hawaii Surveyors. BOWMAN: Okay, surveyor. WATANABE: You have a follow up to that? BOWMAN: Yeah. And Wai Opae Road is a, it’s just a private road. It belongs to Vacationland. But they applied, just so I know, they applied for a permit to take out the lava and repave it, their homeowners association is doing that? YUEN: Correct. BOWMAN: So, does the County recognize it? I mean, what’s the difference? Is it recognized by the County as a road even though it’s not a dedicated road? YUEN: Well, the reason that they, they needed to file –. Work in the special management area of even relatively minor things requires the filing of this form called an SMAA, and that’s the form that’s supposed to be acted on in 35 days.So, they filed an SMAA; and we issued a Minor Permit for the work that they were doing under that. At the end of the 35 days, that’s one of the things that the Department can do, is issue a Minor Permit for that work; and that’s what we did. It had nothing to do, really, with it being a private road or a public road. It’s just that this type of work would need an SMAA. Even if the County did certain kinds of work in the SMA they would file the same kinds of things. BOWMAN: Okay, so actually, the surveyor was not, was not giving the correct information when he said that because there’s a road that it doesn’t need a certified shoreline, right? I mean, he gave them the information that because it does not abut the shoreline, it abuts a road? YUEN: Well, that’s a statement of opinion as to, the surveyor’s opinion that it doesn’t abut the shoreline because the road is in between. There are places where the water regularly crosses Wai Opae Road at high tide. 24