2014-09-04 Windward Planning Commission Minutes-Site Visitation _Watson_

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2002 certified shoreline; the 2010 certified shoreline; the top of the sea cliff that is referenced in Condition 11; the existing public access easement; and the proposed public access easement. Using an existing rock wall as a reference point, Ms. Jackson showed the Commission that the rock wall was located on the top of the map in a “bulb out” area. She also explained how Sugar Mill Road curves, and pointed out the “wall” next to Sugar Mill Road. The “wall” and fencing were part of the Sugar Mill right-of-way in the “bulb out” area. Ms. Jackson stated that the existing public access was described on the map with a dark blue dashed line which showed the mauka extent of the existing public access easement. She said that according to the Settlement Agreement between Continental Pacific and the County, when the subdivision was first created, there was an understanding that the public could access any area makai of the dark blue dashed line. Ms. Jackson pointed out the proposed public access easement to the Commissioners and felt that it would be the easiest way to get down to the shoreline, but asked the Commissioners whether they wanted to go down to the shoreline using the existing or the proposed access easement. Commissioner Miyasato suggested that they proceed walking along the existing public access easement. Walking down the existing public access easement, Ms. Jackson pointed out a concrete slab foundation and how the “bulb out” owned by the Pepe‛ekeō Point Shoreline Association, Inc. that is part of the road right-of-way extends into part of the foundation. Mr. Watson stated that the existing public access easement was flagged by the surveyor although Ms. Jackson felt that the flagged area seemed angular rather than curved as shown on his surveyor’s plan. Mr. Watson also cautioned everyone of the danger of falling coconuts from a coconut tree along the path. Ms. Jackson showed the Commissioners where they were located in reference to the map, and said that the dark pink solid line was the location of the 2002 certified shoreline. She said that Condition 11 references a 40-foot setback from the top of the sea cliff. Ms. Jackson added that according to the subdivision plat map which was created after SMA 450 was approved, the top of the sea cliff was identified somewhat in the location of the orange markers. She explained that Mr. Watson was trying to amend Condition 11 to allow a 40-foot setback from the 2010 certified shoreline which was shown as a solid green line on the map. She instructed the Commissioners to come towards the edge of the sea cliff so that she could point out generally where the 2010 certified shoreline was located. She said that the green line on the map is lower from where the Commissioners were standing and directed the Commission’s attention downwards where the waves were hitting rocks and concrete structures. Ms. Jackson stated if the Commission approved Mr. Watson’s request that he could leave the house where the forms and rebar are currently located as shown on the map. The 40-foot setback from the December 2002 certified shoreline was depicted on the map with a light blue dashed line which was along the far side of Mr. Watson’s proposed structure, jogged in the middle, and up the hill. If the Commission were to deny Mr. Watson’s request and keep Condition 11 as is, Ms. Jackson stated that Mr. Watson would need to relocate the dwelling mauka of the light blue dashed line on the plan. Page 2 of 4 Windward Planning Commission September 4, 2014 Minutes WATSON SITE VISITATION