2003-07-28 TBLASMAN (4) - Laserfiche WebLink

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YUEN:Yeah, in places, yes; and among the other things that I mentioned. I mean, I donÓt want to go through it all, but I think the walls themselves in, certainly in places are quite impressive. VITOUSEK:And, so, I guess, what I was wondering is, you know, yo common sense yesterday. But it seemed that common sense would suggest that there would be an expectation of privacy and of limitation on visual intrusion from inside an enclosure, isnÓt that correct? I mean, isnÓt that at least possibly one of the reasons that something is enclosed, so that it is not Î? YUEN:Yeah, yeah. As far as say old Hawaiian days, yeah, this wasnÓt, say, a wall of a house. This is a, there was an enclosure and then there was a house platform within there probably. But the reason I focused on somebody standing outside the wall i that, you take care of the views from somebody standing inside the wall, too. The outside the wall is the worst case scenario as far as being on the Keakealaniwahine parcel. VITOUSEK:Fair enough. And so being a worst case scenario that would also mean that the limitation placed on the Blasman property is greater if you use a vantage point outside the wall rather than inside the wall, isnÓt that correct? YUEN:ItÓs easier, itÓs easier to screen Blasman if you take a viewpoint from inside the wall, yes. ItÓs, and as I said, if youÓre screening it from somebody standing outside the wall, it will effectively screen it from somebody standing inside the wall. VITOUSEK:I guess what IÓm, by selecting a vantage point outside the wall, did you, do you have any basis on which to conclude that it is, a cultural practitioner would be exercising a cultural practice outside the wall as opposed to inside the wall, and that they would have a reasonable expectation of some visual, a particular visual scape in exercising their cultural practice outside the wall? YUEN:If thatÓs your point, I accept it. The, I donÓt where a cultural practitioner would choose to have a ceremony on the site. I donÓt have any particular reason for thinking that it would be makai of the south wall. VITOUSEK:Okay. But by selecting a point makai of the south wall that enables you to, to require or recommend a significantly greater limitation on Mr. BlasmanÓs use of his own property. In other words, if you require him to be invisible from a site outside the wall, that will place greater limitations on his ability to use his own property, isnÓt that correct? YUEN:Well, itÓs harder to do a landscaping shield from, using the vantage point of a person outside the wall than from a vantage point inside the wall, yes. 31