2008-06-05 TSULLIVAN - Laserfiche WebLink

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BOWMAN: And if it was a County road, I mean, if there was another situation and it was a County-dedicated road, would that change things? WATANABE: May I answer? YUEN: There are -. SIRACUSA: It’s not a County Road so it’s irrelevant. BOWMAN: Yeah, well it’s not, it’s not irrelevant. YUEN: No, it’s not irrelevant. The reason why I’m pausing to answer that is that there are exceptions for certain kinds of work that are, and I’d have to go to the exempt list, the things that are considered exempt. Generally though, the County would still have to file an SMAA; and it might, the end result might be an exemption, it might be a Minor Permit. BOWMAN: I didn’t mean that. I meant that if it was a County dedicated road, that this property would not be abutting the shoreline. It would be abutting the road. That’s all I’m trying to -. YUEN: No, not necessarily, you know. It could be, it is. I can’t think of any instances, but it’s, it is possible that a shoreline could be certified that, you know -. But let me give you an example. Say there was a big earthquake, and one of the County’s road dropped and was covered by five feet of water, I mean, I’m giving you a real clear example. You would end up certifying the shoreline mauka of that road even though there’s still a County road there someplace under water. So, the fact that, the fact that there’s a private road versus a County road, I don’t think affects where you certify the shoreline. BOWMAN: Okay. Thank you. That’s just for my own clarification. Thank you. WATANABE: Okay. Just for clarification, if I bring up some things that, Mr. Torigoe, if I bring up some things that, you know, like I was speaking to the surveyor there present today when we were on a field trip to clarify such things such as what the white dots represent, is that against the rules because I’m testifying? TORIGOE: Generally, we discourage that because you would be functioning, then you would be a witness, unless the parties would stipulate to doing that. But it appears that the Applicants might have someone who’s going to be testifying on that. YEH: We should be able to tie that up pretty easily. WATANABE: Okay, okay. Good, then. With that, you’d like to -. YEH: Just a very, and I know you’re all getting tired. But basically, you see, I think what the surveyor was talking about is not whether it’s a road or it’s another lot. Road, this is a road lot essentially. As we know, there are also lots on the makai side of the road lot. And it’s not something that the surveyor said. But I think what he was referring to is the fact that if you even looked at your own Commission Rule 9-10 B.9, the shoreline survey requirement 25