2024-10-11 Exh B Transcript 1250 OCEANSIDE LLC (PL-BOA-2024-000104 & 105)

Home

WAN: Because we haven't even had the parties announced themselves yet, so why don't you go ahead and announce who you are and what party you represent. SIMON: Absolutely, good morning, Chair Lewis,board members. My name is Derek Simon,with me today is Ian Wesley-Smith. In the audience is Michael Vitousek, our client representative and we represent 1250 Oceanside, LLC. LEWIS: Okay, I'm going to ask you to speak a little louder and closer to your microphone as you go forward—and go ahead. MURAKAMI: Good morning, Mark Murakami and Kenneth Kupchak on behalf of the Coupe Family Limited Partnership, who have intervenor status on both appeals and the Coupes are seated behind me. LEWIS: Okay. BAILEY: Good morning, Chair Lewis, members of the board. My name is Britt Bailey, I'm Deputy Corporation Counsel here on behalf of the County of Hawai`i Planning Director, Zendo Kern. LEWIS: Okay, thank you. Appellant, did you provide notice to the surrounding property owners as required and file the return. SIMON: We did Chair and proof of that service has been filed with the board. LEWIS: Okay, I think I saw that actually. All right, we'll proceed with the hearing. I want everybody to know that we have read the record in this case. We've reviewed your proposals and arguments, so keep that in mind and try to keep repetition and we need to keep this thing a little bit reined in. I'm going to give you just a little bit of extra time that we normally would give because of the intervenor, but if I feel we're getting a little bogged down or whatever, please know that I may give you a little bit of a nudge. We'll try not to repeat. The legal issue before the board here is whether the Director's decisions, two different declaratory orders that were issued, if they should be reversed, affirmed, modified—and so, with that in mind I'll begin with the appellant. We'll have openings of about ten minutes and then we'll go into the presentation of witnesses in the case. SIMON: Thank you very much, Chair Lewis. Again, good morning, Board Members. I have a short PowerPoint I'd like to show while I go through my opening remarks, if that's okay. Okay, as you guys all know we are here today to talk about the Hokuli`a project. I got to share my screen, my apologies. There we go, sorry it's not—orientation is not great, but this is just a nice over— head shot of the overall project. You can see the shoreline park that—are we okay—you can see some of the shoreline park you'll be hearing about later today, down there wrapping around the coast and then the rest of the project as you move further up the hill, mauka. I want to speak clear about who my client is and who my client is not. We represent 1250 Oceanside, LLC. It is not the original developer of the project, that was 1250 Oceanside Partners. Kind of confusing, very similar names, but not the same people. And so, that entity originally got approval for the project back in the 1990's. Unfortunately, pretty soon thereafter encountered a EXHIBIT B Page 3