2008-06-05 TSULLIVAN - Laserfiche WebLink

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connected with ponds on the property then we would consider the ponds to be part, to be the arm of the sea and the shoreline would be the edge of the pond. So we did probably, I don’t know the exact number, 1, or 2 or 3 situations like that where we ended up approving houses based on this private, this substitute for a shoreline certification. When we found out that in November 2006 while this application was pending with us that the State would do a shoreline certification of the property we did not want to continue doing this practice because it’s a variation from what the rules call for. If the State will do a certified shoreline, if the State would do the certification then we’re not going to accept a private survey, we’ll tell them go get the certification; and that’s what happened here. DOMINGO: Okay, so right now as it stands the applicant would need to have a private certification? No need? YUEN: No, what we’re saying, is -. We said, when we found this out, to go through the normal process of getting a certified shoreline survey. The certification is actually still done by the private surveyor but the State Surveyor oversees it and checks it. And when we were doing it before, one of the Planning Department staff would go out with the private surveyor to take a look and see what they were doing; but the State process, actually, we’re not directly involved in at all. It’s still, the survey is still done by a private surveyor but the State’s surveyor goes out and double checks the lines that are set. DOMINGO: Is it the Planning Department’s, well, have they accepted the survey done by the applicant with regards to the pools that they have in their property, and indicating by that survey that it’s not tied in to the ocean? YUEN: Well, I’m sorry, your question was have we accepted that? DOMINGO: Yeah, I think they stated that. And the question is, I think, I was reading something in here that it is normal or it is understandable that the ponds that exist above of the road is in effect connected with the ocean level. But their survey indicates that it is not tied in with the ocean. YUEN: Well, if your question is do I think that that’s an honest survey done at the time by the surveyor, yes. I would say, I’m not challenging that the surveyor accurately recorded what he saw at a 2.8 high tide. We have a letter from the DLNR saying that when they do a certified shoreline survey in this area they’d like to do it at slightly higher tide than that. So they wouldn’t necessarily accept that map. But, again, you know, as I said if your question is simply is this an honest depiction of what the surveyor found at that particular time, I have no reason to challenge that. DOMINGO: Okay, you know, the day those pictures were taken that showed, attached to the -. WOOODWARD: It’s December 2007. DOMINGO: Yeah. Are there any other pictures taken with regards to the adjoining lots and where the homes are built to show at what level -? 6