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

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Ms. Jackson, in referencing the map, showed the “pinch point” of the public access—where the public access easement ended. She explained that while the surveyor’s map as well as other maps in the Planning Department show that mauka edge of the public access easement or “pinch point,” not everyone was in agreement that there is a “pinch point.” She said that according to Chris Yuen who spoke to the Applicant’s surveyor, there is about seven feet in that area of public access, and there is no “pinch point.” Upon inquiry by Commissioner Henkel, Ms. Jackson clarified where the existing public access was located along the south side of the proposed house. They proceeded along the grassy ramp that provided the closest access to the location of the 2010 certified shoreline survey. Mr. Watson stated that they were standing on the ramp and pointed out the remnant area in question and the old 2002 shoreline. The group stopped at an area with “No Access” spray painted on the grassy ramp. Mr. Watson said that as of right now, there was no legal access past that point. Mr. Watson said that when he purchased the property, that area was overgrown, and it was cleared for the State Historic Preservation staff for mitigation of all of the old structures. He also pointed out the “old pig pen” area. Mr. Watson claimed that this was basically the area that was never correctly surveyed in 2002 and when they had the area surveyed in 2010, the Board of Land and Natural Resources walked the property and certified it as the true shoreline. Upon inquiry by Commissioner Henkel, Ms. Jackson explained that the Settlement Agreement between Continental Pacific and the County of Hawai‛i when the subdivision was created laid out the understanding that any area makai of the easements are open for public access regardless of ownership. Commissioner Henkel asked if there was an agreement who maintains the public right-of-way, and Ms. Jackson believed that was the County’s responsible while Continental Pacific was responsible for the parking and road access easements. Mr. Strauss said that there is an argument that the public has a right to enjoy this access but that there was no way to get to it presently the way it is. He said that Continental Pacific has claimed this property while not committing to public access while Mr. Watson has claimed the property and has committed to providing legal access. At this point, Chairman Miyasato directed Mr. Strauss to stop his comments. Ms. Jackson directed the Commissioners to the proposed public access which was depicted on the map with a bold dashed dark pink line. Upon inquiry by Chairman Miyasato, she pointed out where the boundary of the property was. The Commission walked up the driveway, and Ms. Jackson showed the Commission the sign that Mr. Watson put on his driveway pointing out the public access. Frank White, a residing neighbor to the property, asked Ms. Jackson how he would be able to get to the driveway to the proposed public access. Ms. Jackson stated that Mr. Watson has a proposed resubdivision/reconsolidation application with the Planning Department that is on hold pending the outcome of the subject application. She said that the proposed resubdivision/consolidation application would allow Mr. Watson to acquire some of the “bulb out” property as well as readjust the lot line between his parcel (Lot 23) and Lot 24 which Page 3 of 4 Windward Planning Commission September 4, 2014 Minutes WATSON SITE VISITATION