2014-11-06 Windward Planning Commission Minutes

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that the McCullys had no intention of running a bed and breakfast operation, and therefore, based on this request, the Planning Director recommended the revocation of Use Permit No. 167. Chairman Miyasato noted for the record that neither the Applicants nor any representative were present at the hearing. The Commissioners had no questions or discussion on the application. It was moved by Commissioner Ikeda and seconded by Commissioner Moses that the revocation of Use Permit No. 167 be approved based on the Planning Director’s recommendation. There was no discussion on the motion. The motion passed with six aye votes (Ikeda, Moses, Heaukulani, Henkel, Ono, Miyasato). This item ended at 9:32 a.m. 5.APPLICANT: SCOTT WATSON (Amend SMA 450) Applicant’s motion for reconsideration of decision by Windward Planning Commission, at its September 4, 2014 meeting, to deny applicant’s request to amend Condition 11 of Special Management Area (SMA) Use Permit No. 450 to change the building setback point of reference from the top of the sea cliff to the March 4, 2010 certified shoreline which is located makai, or seaward, of the sea cliff, and applicable to the applicant’s lot only (Lot 23). The motion for reconsideration is made by the Applicant due to new information that did not exist or was unavailable at the time of the September 4, 2014 hearing, specifically, the Applicant’s attempt to secure a quitclaim deed from Continental Pacific, LLC to the County for a 10-foot wide pedestrian public access shoreline easement over the so-called remnant parcel makai of Lot 23. Lot 23 is located at the end of Sugar Mill Road, just east of the Sugar Mill Road/Beach Road intersection, Pepe‘ekeō Point Subdivision, South Hilo, Hawai‘i, TMK: 2-8-008:151. . The Commission took this item up at 9:32 a.m. with 20 people from the public in attendance. (SEE EXHIBIT C) At 9:48 a.m., it was moved by Commissioner Henkel and seconded by Commissioner Ikeda that the Commission go into executive session to consult with its attorney; however, the motion and second were subsequently withdrawn by Commissioners Henkel and Ikeda, respectively. At 10:04 a.m., it was moved by Commissioner Ikeda and seconded by Commissioner Henkel that the Commission go into executive session to consult with its attorney regarding questions and issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities, pursuant to Hawai‘i Revised Statutes Sections 92-4 and 92-5. A voice vote was taken of all Commissioners present, and motion carried with six aye votes. At 10:06 a.m. the Commission went into executive session. At 10:24 a.m., it was moved by Commissioner Ikeda and seconded by Commissioner Henkel that the Commission go out of executive session. A voice vote was taken of all Commissioners present, and motion carried with six aye votes. Page 3 of 4 Windward Planning Commission November 6, 2014 Minutes