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to know without, the history of the property, where did the people, the local people, you know, of <br />Kohala, when they used to go fishing, where would they usually go? Is there a special place <br />around there that’s good for fishing where the public used to go before? <br />YUEN: Well, to answer your first question, we have documentation that the owner <br />promised the buyers in the subdivision that they would have a vehicular access to the beach. <br />Where both these violations, and really we are only dealing, the permit here only deals with the <br />second violation, the one the road cuts from the cul-de-sac, is not where the public access was <br />supposed to be; it does not follow the public access. As far as the public use of the property, the <br />public interest in the area, the Pahoa Beach which is at the bottom of the gulch is kind of a, it’s a <br />rocky beach, but it is a place where you can get to the water’s edge; it’s not a swimming beach at <br />all, but it is a place where you can get to the water’s edge and people can surf, cast or shore fish <br />or just be by the ocean. There are not, as you know, in North Kohala there are not that many <br />places that are like that; most of it is a steep cliff drop-off. <br />WATANABE: Mr. Domingo, pretty much satisfied? <br />DOMINGO: I reserve my comments for the debate. <br />WATANABE: Okay, yes. I’ve been reminded by Counsel that actually we should not get <br />too far into this deliberation because we do have a request for standing in a contested case <br />hearing. And I would remind you also that the background information indicated that the <br />applicant is appealing the decision of the Planning Director. So it’s a little more complicated <br />than our normal cases. Yes, Mr. Alameda. <br />ALAMEDA: Thank you, Mr. Chair. Actually, that was my question. The petition for <br />standing, it looks like everything was followed accordingly? The documents we have, anything <br />missing, or is everything okay with that petition? <br />DARROW: There are some issues, but I think at this point maybe if we could have the <br />representative, the Planning Director and the petitioner address those issues. <br />WATANABE: Okay. We don’t have to have the Planning Director up there yet, yeah? <br />Okay. So why don’t I call up the applicant’s representative, Mr. Lim, and also call up Mr. <br />Hermann Fernandez who is the petitioner. May I swear both of you in, please. Do you swear or <br />affirm to tell the truth now before the Planning Commission? <br />LIM: I do. <br />FERNANDEZ: I do. <br />WATANABE: Thank you. And before you make comments, would you state your full <br />name and address for the record, please. <br />EXHIBIT B <br />4 <br /> <br />