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

Home

STRAUSS: Yes, I’m Steven Strauss. I’m the attorney for the Applicant. I reside at 29-2173 Old Māmalahoa Highway, Hakalau. OLYMPIA: My name is Gary Olympia. I am the Managing Member of Hilo Project LLC. My residence is at 880 Georgetown Place, San Jose, California. WATSON: My name is Scott Watson. I reside at 27-102 Lali Street in Hilo. MIYASATO: Do you have any comments? STRAUSS: I do. Thank you, Mr. Chair. I wanted to start with, kind of out of place, but what we’re asking for after taking into account, the written testimony from Mr. Yuen, which was shared with us earlier, and then I’ll go backwards into the Agreement and how we got here. The language that we would now be seeking the Planning Commission to substitute for Lot 23 for Condition No. 11 is in the first full paragraph. The underlined part is what was—I added, after reading Mr. Yuen’s comments, and that, so the underlining is not something we would include. It’s just to indicate to Mr. Yuen what additional language that I had suggested would be acceptable to the client and it appears to be fine with Mr. Yuen as well. I’ve also shared this with Mr. Kanuha and Mr. Brilhante, the Planning Director and the Planning Department attorney. So, the concern that Mr. Yuen had about the language that was originally proposed could actually lead to additional development even though the footprint of the house is already there, is resolved, we believe by the language here. And, essentially, what it would do is substitute for this lot and this lot only, the 2010 certified shoreline, which as the Commissioners will recall from today’s visit, is the actual shoreline. That’s the shoreline that is accessible at the bottom of the bluff where the ramp goes down where there were former plantation landings and structures before, is frequently not covered by water and is usable for fishermen, kayakers, people that just want to swim and enjoy ocean, there’s really not very many other accessible, if any other accessible areas, within miles of this site that someone can safely get to the ocean. The use of the March 4, 2010, shoreline is consistent with the Planning Department’s current position that they have agreed—and I’ll point that out to you—that for purposes of the consolidation/resubdivision and the relocation of the public access that the 2010 shoreline, certified shoreline, is what should be used. Now, the setback that we had originally proposed would be forty feet back from that consistent with the maximum setbacks that are established by the Planning Commission and enforced by the Planning Director. The current language that we would propose and acceptable to Mr. Yuen would be that the shoreline of December 28, 2002— it actually may be December 22. I have to go back and look. It’s hard to read from the map, but we do have that, and if I can ask Mr. Darrow to produce that certified shoreline, it will help illustrate what we’re looking at. Maybe you can hold this up, Scott. When the shoreline was certified in connection with the subdivision application by Continental Pacific, there was not a formal survey done at that time. Instead, there was an aerial photograph that was used and some lines drawn on the photograph, and the applicant said let’s place the shoreline here. And you’ll see along the redline is what was signed off by then Chairman of the Board of Land and Natural Resources as the, as the certified shoreline which lasts for a year. 6 EXHIBIT G