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HAYASHI:Thank you, Madam Chair. Before we go into the actual he <br />portion, as you would recall there were two individuals that, or parties that requested or <br />filed a Petition for Standing. One was Michael and Kimberly Lacates and the second was <br />Orchidland GulsonÓs LLC. On, I believe it was July 19, 2002 the Commission granted <br />standing to these individuals. However, on October 26, 2002, both parties requested that <br />they be allowed to withdraw their Petition for Standing. So, at this point in time, itÓs, I <br />think, in order for the Commission to act on the request for withdrawal. <br />SPRINGER:Thank you, Norman. Can you continue with your presentation <br />now, then? <br />HAYASHI:Yes. With that, as you recall at the last meeting in Hilo, we had <br />requested that this application be continued. And the reason for that was that in <br />reviewing the petition that was submitted or amended request that was submitted by the <br />Applicant, they also requested that the Condition 8 be amended. And Condition 8 was <br />basically to, well, currently, Condition 8 states that the operation of this, the uses within <br />this facility would be limited to daylight hours. And the Applicant is requesting that the <br />operation begin, or the facility be, the uses within this facility begin at 6:00 a.m. up until <br />9:00 p.m. in the evening. And, secondly, in that Condition 8, it also restricts, or it was <br />granted with certain uses allowed. One of the uses that theyÓre proposing is a restaurant <br />or food service uses, and that was not included in the original request; therefore, the <br />Applicant is requesting that those food service uses be also be part of this particular <br />permit. <br />Also, at the last meeting, there was an individual that spoke, one of the adjoining property <br />owners, who indicated that there was some, excuse me, some grubbing activity that <br />occurred on the subject property. We went back after that meeting and checked with the <br />Department of Public Works as to whether a grubbing permit or gr <br />issued for that particular property. We were informed that no grading permit was, or <br />grubbing permit was issued. However, it could have been that the individual -. I mean, <br />the grubbing was consisting of less than one acre; therefore, no grubbing permit would be <br />required. <br />A subsequent site inspection by the staff verified that the entire property was not <br />grubbed. The perimeter boundary of the property was still in its native vegetative state. <br />Therefore, on that basis, we did not further pursue the issue. <br />SPRINGER:Thank you, Norman. <br />HAYASHI:And that concludes the staffÓs report, unless you have any <br />questions. <br />SPRINGER:Commissioners, do you have any questions for Mr. Hayashi? <br />Commissioner Kubota? <br />2 <br /> <br />