2005-08-26 SMA 05-004 Tinguely - Laserfiche WebLink

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GALDONES:Commissioner Salavea? SALAVEA:So, just to clarify. The issue, the core issue is that of increased traffic from, generated from this project on Walua Road and its impact on your residence. Or pedestrian access to Alii Drive without the current or the agreed to road improvements. Thats the issue. GREEN:I think thats true. And simply that we are looking to try to improve the safety of all the residents in the area. Were not just saying we want to get on somebodys case here, we really want it to be a safer street. And, its more an issue of disabilities, you know people who cant get up and down the street and thats their only method of getting to town so-. SALAVEA:Thank you. GALDONES:Commissioner Springer? SPRINGER:I have a question for Mr. Torigoe. You frequently direct our attention totheTOPLISSDecisionwhenitcomestodecisionmakingonanSMA.Itseemsasthough this discussion is focusing on traffic issues and Im just wondering if we need to take TOPLISS into consideration as we consider this petition for standing? TORIGOE:Yeah, Mr. Chair? GALDONES:Mr. Torigoe? TORIGOE:Let me read to you some of the wording from the TOPLISS decision which as weve noted before is TOPLISS versus the Planning Commission of the County of Hawaii. Its an intermediate court of appeal Hawaii case. And the court says, if traffic from a development within an SMA is not shown to have a substantial adverse impact on the coastal environment such impact as the traffic may otherwise have on the existing roadway system in the area of the development cannot be the basis for denying an SMA permit application. So, basically traffic as such is not a relevant factor for an SMA application but if traffic in some way shows an adverse, you know a substantial adverse impact on the coastal environment then it can be, it can considered to be relevant to an SMA permit application. YUEN:I think you were asking the connection between what we can consider in the permit on the merits versus the question of standing. The Department would recommend that the Commission vote to grant standing to the Association of Apartment Owners because they do have an interest that is distinct from that of the general public. It may be that when we get to the merits of the application that were not able to cure the problem or cure satisfy what theyre trying to accomplish by asking for intervention and asking for the request for standing but they do-. Our recommendation would be to grant it because they do meet the criteria of having an interest that is different from that of the general public. EXHIBIT C 10