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Now, in order to file this application, we were required to have an archaeological <br />inventory survey, which was done, and Mr. Rechtman or Dr. Rechtman did that report. <br />Given the information that was provided today, we certainly will <br />Dr. Rechtman speak with Ms. Nagai and see if they can identify, in fact, if there is a <br />burial there and address it accordingly. But thereÓs no evidence on the site that that is the <br />case at this time, and that has been reviewed by an archaeologist and by the State Historic <br />Preservation Division. <br />Secondly, the issue of the beach. There is a certified shoreline for this property. All <br />right? The issue of the beach, we had no intention of creating an artificial beach. We are <br />not going to do anything in that shoreline setback area. If we did, weÓd have to come in <br />and get Army Corp. permits, we have to do a number of things. I <br />unfortunate misnomer that in the landscape plan, within, outside of the shoreline setback <br />area but around the pool was shown a landscape feature that says Ðbeach.Ñ Anything <br />done in the shoreline setback area would require approval by the Planning Department as <br />part of the Plan Approval process, whether itÓs a lawn as the next door neighbor has <br />planted, whether itÓs a sandbox, whether itÓs a coconut palm. All of that would need to <br />be removed, excuse me, be approved by the Planning Director or the Planning <br />Department in consultation on that Plan Approval process. But we have no intention of <br />creating a beach, trucking in tons of sand, dumping it on the reef. It was never part of the <br />application, not now, not in the future. <br />I guess, the last point I would make is that Mr. Buscemi made some comment that the <br />negotiations were Ðdead in the water.Ñ I would just defer to counsel representative of the <br />Association. The Association was the party that was granted standing or is requesting <br />standing and theyÓre the ones that filed for a Contested Case. So theyÓre the parties that <br />we have to deal with. If the Association does not represent all of the owners, I donÓt <br />think thatÓs the ApplicantÓs responsibility. <br />IÓll be happy to address each of these concerns. I know that they are heartfelt and I know <br />they have issues. Unfortunately, I think most of these issues are borne out of an <br />ignorance of what the project is; and weÓll be, and I do look forward to addressing each <br />one of these concerns point-by-point at the appropriate time. <br />FUJIKAWA:Thank you. Is there any question from the Commissioners to this <br />ApplicantÓs representative? Go ahead, Commissioner Graham. <br />GRAHAM:Mr. Mooers, when you spoke with regard of the gravesite, that you <br />would have, the doctor who did the archeological -. <br />MOOERS:Dr. Rechtman, yes. <br />GRAHAM:Yeah, contact Ms. Nagai with regard to that -. <br />MOOERS:Yes, I will. <br />18 <br /> <br />