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<br />LEEWARD PLANNING COMMISSION
<br />COUNTY OF HAWAI‘I
<br />HEARING TRANSCRIPT
<br />DECEMBER 15, 2010
<br />WILLIAM C. FOULK (SMA 10-41)
<br />An advertised contested case hearing on the application of
<br />was called to order at 1:28 p.m. in the King Kamehameha's Kona Beach Hotel, Ballroom I, 75-5660
<br />Palani Road, Kailua-Kona, Hawai‘i, with Chairman Frederic Housel presiding.
<br />COMMISSIONERS PRESENT: Frederic Housel, Brandi Beaudet, Lani Bowman, Geraldine
<br />Giffin, Thomas Hickcox, Wayne Iokepa and Richard Nelson
<br />STAFF PRESENT: Brandon Gonzalez (Deputy Corporation Counsel), Daryn Arai (Planning
<br />Program Manager) and Jeff Darrow (Staff Planner)
<br />PARTIES PRESENT: William Foulk (Applicant), Thomas Yeh (Applica
<br />Olson and John Olson (Attorneys for Martin H. Crumrine Family Trust, Intervenor), Ali
<br />Ghalamfarsa (Intervenor), BJ Leithead Todd (Planning Director), and Amy Self (Counsel to the
<br />Planning Director)
<br />And approximately 60 people from the public in attendance.
<br />APPLICANT: WILLIAM C. FOULK (SMA 10-41)
<br />Contested Case Hearing on the application for a Special Management Area Use Permit to allow the
<br />construction of a 16-unit, 4-story condominium building and related improvements. The property is
<br />located on the northwest (makai) side of Ali‘i aloa Bay,
<br />rd
<br />, North Kona, Hawai‘i, TMK: 7-7-4:25.
<br />HOUSEL: Our next item is the applicant is William C. Foulk. This is SMA Permit 10-41,
<br />contested case hearing on the application for a Special Management Area Use Permit to allow the
<br />construction of a 16-unit, four-story condominium building and related improvements. Mr. Darrow
<br />is going to give a presentation and history of this project for our information. Thank you, Mr.
<br />Darrow.
<br />DARROW: Thank you, Mr. Chairman. We will just take a minute and just revisit the history of the
<br />last several meetings. On June 18, 2010, we had our first hearing on this matter –Applicant:
<br />William Foulk, SMA application, SMA 10-41. During that hearing, the Commission granted
<br />standing to Ali Ghalamfarsa, as well as to the Crumrine Family Trust. The Commission also voted
<br />to have a site inspection, which was conducted after that time. They also set the deadlines for
<br />submitting statement of issues, witness and exhibit lists, and objectionsto witness and exhibits lists.
<br />On August 27, 2010, we had our second hearing on the matter. This was scheduled for the
<br />contested case hearing. Prior to the beginning of that hearing, the Commission conducted a site
<br />inspection of the property. There was a letter that was received, dated August 26, 2010, from the
<br />Department of Land and Natural Resources, State Historic Preservation Division. As a result of
<br />that, the applicant had requested a continuance to be able to comply with some of the requests
<br />within that letter. On December 1, 2010, Attorney Olson submitted a request for a continuance to
<br />the Planning Commission, and that should be with you folks at this time. Additionally, on
<br />December 7, 2010, the Planning Commission received a contested case hearing petition for Kanuha
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<br />EXHIBIT D
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