2014-09-04 Hearing Transcript-HACA SPP 845

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the applicant’s injuries are in fact clearly distinguishable and unique to her which, it’s our opinion at this time that they’re not. KAWAUCHI: Mr. Chairman, I just want to clarify. I do not recall a motion being made. I recall that we—my client and I were both called up to speak with the Commission, but I do not think that there’s a pending motion concerning standing. So, because of that, my understanding is this is the public discussion portion of the meeting relating to the Hawaiian Acres Community Association permit, so I think that should be clarified. I also want to clarify whether or not the letters that came back from Police, Fire, you know all the County departments that are asked to provide comment when an application like this is submitted. Were they also provided copies of Ms. Tita’s letter for intervention or her Petition for Intervention? If they were not, then I don’t think that those departments have had an adequate opportunity to comment on her concerns, and in addition to that—that’s the whole part of a contested case hearing. That’s why you have them. That’s an opportunity for Ms. Tita to call witnesses to testify before you so that you can get their comments about those matters. At this point, there’s been, I don’t think that has actually been addressed, so I don’t think her concerns were adequately addressed. They’ve only been based upon the representations of the Applicant and the representations of the Applicant also have not taken into consideration Ms. Tita’s concerns for the public safety and welfare of this community. There’s been, there’s no reply letter from the Association replying to her telling her that well, we understand that you have concerns and here’s how we’re going to fix them. We attempted to talk to them in February of 2012, following the January—excuse me, 2014—following your January meeting, and we have not made headway. Instead, she’s continued to face opposition from her subdivision on matters that concern her greatly. She’s directly affected by these roads. Remember, these are the only ways that she has to get in and out of her lot. The other roadways that are depicted on County maps and tax maps are not accessible. They’re completely blocked. She’s got no way in and out, and she does have, I think, an interest in these activities going on there because they affect her in her community. They affect her lot. She’s talking about safety and hazards related to fire emergencies, making sure that people can get to where they need to go in case of an emergency. You’ve got already a picture showing a flooded roadway. Imagine having a farmers market on a day like that where there’s a flooded roadway. Cannot get in and out of that place. You got cars on the road. Up to a hundred visitors in that little area with parking only allocated and insufficient, inadequate, and hazardous parking, not compliant with County Code in that area for only up to 35 cars. So you’ve got a hundred people in that little tiny place, no way in and out, and not an ability for fire rescue to get in, in an adequate and safe way. So, we want to think of I think things in a more positive light. It’s a positive thing to have community gatherings. It’s a positive thing to have a great community association building. It’s a positive thing to have people come to your neighborhood and be able to enjoy it, but you’ve gotta take care of the responsibilities of your neighborhood first. It’s much better to have a permit that started fresh and new and not add additional, additional activities at this time until they’ve gotten something done that fits the Code that can then you know be safer for everyone, and especially for the applicant, Ms. Tita. And, again, this is the only vehicle that she has to have her interest protected. She’s got no other way to do this. TITA: My question is, is Mr. Brilhante testifying on behalf of Hawaiian Acres? Is that your position? 11 EXHIBIT H