2014-09-18 Leeward Exh B (SSV 14-09)

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included with that, you know, for consideration there is also shoreline conditions, surf and flood conditions, and the geography of the lot in itself. So, and I say this also to the Commissioners as well, you know, this application is for a specific lot and the conditions are specific to the frontage of the lot; not, neighboring properties are not part of other considerations to be dealt with for this application. So, Commissioners, do you have any comments or questions for the applicant? KAHOLO: If you put a pool in there and we have the winter storm, whose problem would that be, if the pool gets filled up with sand? The owner? The County? State? ERENBERG: It’s the owner’s problem. Actually, some of the pools we build, we use real sand inside the swimming pool. The bottoms of these pools now withstand several different natural finishes on the bottom of a pool, whether it’s pebble or whether, we have used real sand on the entranceway of a swimming pool. And the filters these days, you could actually, we are working on a pool presently on Ali‘i Drive; they used to fill up with seawater back in the 60’s and then they would drain it, so all it is a concrete shell. And I think the most important factor here is concerning the shoreline, meaning that this structure wouldn’t cause, it would actually cause less problems, almost like a retaining wall. So in other words the homes that are in Kona Bay Estates have footings around the house that support those columns, and I’ve seen some of them being get exposed, and the part of the swimming pool being there has helped eliminate the exposure and also help support the house from any further items that occur from the sea. But as far as your question goes, you can fill the pool up with seawater and throw whatever you want in there, and nothing is going to happen to it. You vacuum it out, and you don’t have to drain the pool, and that’s pretty much it. KAHOLO: Yeah, my concern is the sand in there. I just came from a conference in Maui, talking about erosion, and that’s one of the biggest problems we have in the state of Hawaii. And with erosion, what you look at the photo shots we’ve got out there, Mather Nature dictates what she wants to do with us; she can fill the pool with sand. And time after time again it becomes a liability to somebody. And my concern is this: if we say yes, we the Commission said okay, you guys screwed up. So that’s our concern right here now. We want to make sure that – the owner of the pool, even if we say yes or no, has the right to say okay who is going to clean it – I want to make sure that we are protected as Commissioners with the liability. HOSMER: He would give you the commitment that he would be responsible for it. KAHOLO: I’m sorry, I don’t have my other hearing aid, forgot the batteries. HOSMER: I said that he would give you the commitment that he would be responsible for any maintenance of the pool KAHOLO: If he sells the house, who is responsible? HOSMER: He would have to pass that. He would have to disclose that responsibility to the new owner. KAHOLO: That’s always the concern because people don’t normally add that to the lease when they sell it, you know -. HOSMER: Right, he would need to disclose that. 7 EXHIBIT B