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Regarding the viewplane I think Norman adequately addressed it that the viewplane over <br />Kahului Bay is the view that Dr. Terry and this by the way comes directly from Dr. Terrys <br />visual impact analysis, which is an appendix or exhibit to the application. Regarding the <br />recreational resources, there are really 2 issues here, 1 is theres a surf spot known as Tikis out in <br />front of the property and surfers access that from Kahului Bay, its a much easier method to get <br />into the water rather than go out over the rocks. Any fishing that takes place on the shoreline <br />would continue to take place, theres no effort to restrict any lateral access along the shoreline <br />there. Over the last two years a number of issues have been raised Id just like to review them <br />briefly and then if theres any new specific information introduced today, Ill address that. I <br />think the Director has gone through, looked at the appropriate zoning. Hes obviously, weve <br />had a great deal of testimony on this and hes still recommending approval. The easement issue, <br />if you look at your condition number 3 and 12 it requires that the easement be provided and <br />theres been some question about whether or not Vacations Internationale has provided it, will <br />provide it, whatever. Its quite clear that if they do not provide it we dont have a permit, for a <br />numberofreasons,condition3,condition12andalsosewerconditionwhichiscondition <br />number 6. So that the Commission has great assurance that if that easement is somehow not <br />obtained as Vacations Internationale has promised then the permit would not be valid. I will <br />point out, I went back and looked at the last I think 12 SMAs Ive received and I have never had <br />a condition placed on a driveway width within an SMA thats always been an issue thats been <br />addressed at Plan Approval. Im not saying it shouldnt be considered but Im saying that its <br />unusual and we have no problem accepting the 20 feet that came from the Department of Public <br />Works. The next issue was raised was the issue of the burial. The site and the site you realize is <br />a very small site; its less than half an acre was inventoried by Dr. Rechtman and his inventory <br />survey is included. At one of the earlier hearings, Ms. Nagai alleged that there was a burial <br />there, she was aware of during her youth. At that time we scheduled a meeting with Ms. Nagai <br />and the attorney, or excuse me the Archaeologist representing the Sea Village Association Paul <br />Rosenthal and Dr. Rechtman and I, myself went out and the 4 of us walked over the site could <br />find no physical evidence of any burial at that time. Ms. Nagai did indicate that the burial she <br />thought was near the old kiawe tree and so we talked with our architect Mr. Foulk and he assured <br />us that that tree and the burial are going to be within the setback area so that theres no effort to <br />build over a burial. Dr. Rechtman recommended and we concur that a archaeological monitor <br />should be present on the site when theres any ground disruption so that if any sites, whether this <br />site or some other site are discovered that all work would stop and State Historic Preservation <br />Division would be notified and we would comply with whatever conditions they might have. <br />Theres been an issue raised regarding the determination of what the setback should be and I <br />think youll notice in some of the letters you receive theres still some references made to some <br />variance that were requesting and the applicant is not requesting any variance. The applicant <br />just requests that the determination is made by the department and all applications be utilized and <br />that the rules be followed. Those are the issues that have been raised to this point. Im sure that <br />there may be other issues raised in testimony today and I will address them as they are raised. At <br />this time Id like to answer any questions that the Commission may have. <br />GALDONES:Commissioners any questions of Mr. Mooers? Commissioner Siracusa? <br />SIRACUSA:Yeah I thank you for clarifying those points because when I saw them I <br />was wondering about how come there was no answers to them in our written material. You say <br />EXHIBIT A <br />5 <br /> <br />