2014-09-04 Hearing Transcript-Scott Watson Amend SMA 450

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The other, probably the more difficult part of this, is the amendment to the setback. And, what basically the shoreline setback clause—basically, what justifies this is that this really is a physically unique situation where you have this ramp area between the sea cliff and the house site. And, there is, according to the surveyor’s markers, there’s 50 to 55 feet between the actual eroding, potentially eroding, portion of the sea cliff and the house site, which is what we were looking for when this permit was originally granted in 2008. The, there are a number of lots that are actually covered by an entirely different clause as far as what the setbacks should be. I do want to say that you cannot pass this with the language that he proposed as far as the amendment. It has to be changed. The amendment that he had proposed would actually change the wording of the shoreline setback for the other ten lots in the subdivision. This isn’t actually in the application nor is it on your agenda, and so you clearly can’t do that today. It has to be limited to this one lot. And, the language—I did suggest some language that’s a little bit different because if you accept his language, you could potentially build a house that’s actually at the foot of, at the foot of the cliff or along, that’s actually on the cliff, if you accepted the language. So, I do not—I think that the language that the, Steve Strauss has presented does work. I do think and acknowledging Pat Tummons’ testimony, that the Planning Department will have to be vigilant to implement the public access and the other conditions of this permit in this case. MIYASATO: Cory Harden? HARDEN: Cory Harden, Box 10265 in Hilo. Kind of summarizing my written testimony, and I hope the picture of the heliport has gotten passed down. I’m kind of surprised you folks are— continue to consider requests from Mr. Watson cause he keeps violating land protection laws over and over. You know, sometimes when people are bad actors, you just, you know not to go on with permits. Some of the things that Pat Tummons mentioned, there was unpermitted work on a house on the north side of Pauka‛a Stream in 2002, two unpermitted kitchens in 2013, the unpermitted heliport that Chris [sic] talked about, and for that estate, he cleared over seven acres of mac nut trees without a permit, did grading and digging in the shoreline setback area with no permit, concrete, digging trenches, no permit. And he let some soil mounds erode that probably eroded into the ocean and built the largest residential pool ever according to him, with no permit. And originally, at one point he told the County the place was going to be a sod farm. I also would like to know why Watson wrote the Planning Department a note saying Mayor Kenoi asked if you could “cc” him all my info on this matter. And this was after he, Mr. Watson, got fined for several violations. I hope Mr. Watson understands his buildings might fall off the cliff edge. When I mentioned this item to two people, they’ve said oh yeah, I know of a house in Hāmākua that just fell off the edge, and then a second person said oh yeah, I know of another house that fell off the edge recently. And I grew up on Honoli‛i Pali and we had like 15 feet of hala trees between us and the ocean, and I heard those are all gone now. That all fell down into the ocean. I’m also really disappointed that Steve Strauss is representing Mr. Watson. I had hoped Mr. Strauss would, was a defender of the environment after he worked on the Hu Honua issue so I’m 4 EXHIBIT G