2014-07-03 Hearing Transcript - Scott Watson Amend SMA 450

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created an access that now benefits the public to get down to that shoreline where they couldn’t get before. KANUHA: I think all I’m suggesting is that if you proceed on the substance of what you’re trying to accomplish rather than revisit the argument that the, the previous entitlements that was secured for the property before you got it, and all the conditions with it, that those are valid or you know appear to be valid based on the covenants of the Settlement Agreement. You folks proceeded to take that to the court that’s still pending in the court. But in the meantime, you request that the court to render a determination, a summary judgment or partial summary judgment and that was denied so all I’m saying is that if you stick to the benefits of what you think this new proposal would be rather than you know revisiting the legality of what had transpired before, I think it might, you know, get to the real point that we’re trying to get to. WATSON: I think, I think the Judge answered in such a way. He also knew that Continental Pacific’s going to come back which they have since we applied for this, and they want the same treatment on the rest of the subdivision, and BJ made it very clear to us that this was the only lot that they would consider looking at. That they won’t touch any of the rest of it. This one benefits the public by doing this and creates the inaccuracies, that’s all. KANUHA: So you’re representing to the Commission that you’re also representing Continental Pacific? WATSON: No sir. I’m just telling you the events that are occurring as we meet with the Planning Department. That they’re concern was if we do amend it for me, they want it amended for the rest of the lots— KANUHA: Well, I think when they, if they participate in this, and put that on the record, then the Commission can consider that. WATSON: All I was trying to do is point BJ’s position on the thing when she signed the Agreement—it’s only for you, Scott, it’s not for the rest of these lots. They don’t benefit. The Planning Department doesn’t benefit by giving Continental any more room. This one creates a beautiful public access to the ocean—all the way to the water, sir. MIYASATO: I’d just like to make a point that this is agendized, and we can’t take action on this amendment today. WATSON: I understand. MIYASATO: Yeah, okay. Are there any further questions for the Applicant? HEAUKULANI: Quickly. Sir, do you agree that the County and the landowner can agree to establish a setback that’s greater than 40 feet from wherever the shoreline is as part of the subdivision approval process? WATSON: I understand that’s the County’s— 14 EXHIBIT E