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Approval. In Plan Approval theres a condition that says that existing traffic movements shall <br />not be hindered or obstructed. So we try to work on these at Plan Approval. I dont know what <br />is possible with respect to the flares. I believe that some accommodation could be made in the <br />Alii Drive right-of-way but we would prefer not to put that as a condition of the SMA permit. <br />GALDONES:Seeing no further questions. Mr. Buscemi. <br />BUSCEMI:Good morning Commissioners. I wanted to say thank you for hearing my <br />concerns. I havent seen many of you before. I testified here I guess about 2-years ago on the, I <br />believe it was on the Soto project and there were different Commissioners at the time. I just <br />wanted to say before I testify that some of my neighbors have heard comments about how we <br />are, how the Sea Village folks are professional complainers, professional project stoppers etc. <br />And I just wanted to say you know were not getting paid for this stuff I mean were not <br />professionals. And weve both, both Brian and I have flown here on our own dime from New <br />Orleanstwiceeach.Spentquiteabitofmoneyandtimeonthat.Thefactofthematteristhat <br />th <br />you know Mr. Mooers said and hes right you know this is the 8 <br /> time weve been here for this <br />permit and I guess my question is why are we still sitting here with this permit. There are some <br />issues that were brought up years ago that still have not been addressed and iftheyd be <br />addressed Id certainly promise to stop showing up. In any case Im sure you all know that Mr. <br />Haney has done a lot of work on the driveway and I appreciate all the work hes done and other <br />people at Sea Village do. And I wanted to say that theres still a few other issues. It will take <br />less time than Mr. Haney took but Id like to bring them up as this is probably our last chance to <br />say anything since our contested cases were denied and I understand that from now on <br />everything will be done in the Planning Department offices. These issues for the most part, these <br />first2issuesdonthavetodospecificallywithMr.Huggettsproject.Ihaveaquestionforthe <br />Planning Department I guess, now that our contested cases are denied we know now that if a <br />building is conceived in 2002, its not built and its resurrected in 2005 that the neighbors of the <br />project dont get a contested case. Okay. Suppose this project fails. Suppose its resurrected 5 <br />years from now, do the people that live there in 2010 get a contested case? How about 2025? <br />There are probably people who havent even been born yet that might have concerns about this <br />project if its going to be- if the permit is going to be transferred from one owner to another at <br />infinitum. I think this is an issue that the Planning Department needs to address and I think that <br />the Commissioners would probably agree with me that this is a serious flaw. In fact if this SMA <br />permit approval, if its approved were to be appealed I think the court would seriously consider <br />that argument. Issue 2 in my little handout here is the Planning Department recommendation <br />th <br />that you have in front of you and Im going on the March 29 <br /> one now because I havent really <br />th <br />had time to look at the June 7 one but it contains false information. And it contains false <br />information about the easement which is really one of the most important conditions that there <br />are. I think its on page 2 or page 5. It says by letter dated January 13, 2005 Vacation <br />Internationale has granted the applicants an additional minimum 4-foot wide easement for <br />vehicular access and utilities for the project. I havent seen todays version but does that still say <br />that? <br />SIRACUSA:Yeah. <br />BUSCEMI:Thats not true. And you know frankly Im not sure why this keeps <br />EXHIBIT A <br />14 <br /> <br />