2014-11-06 Hearing Transcript-Scott Watson SMA 450 _Reconsideration_

Home

MIYASATO: Withdraw the second. Commissioner Ikeda, do you wish to withdraw the second? IKEDA: I withdraw the second. MIYASATO: Motion withdrawn. Could you please raise your right hand? Do you swear or affirm to tell the truth on this matter now before the Hawai‛i County Planning Commission? STRAUSS: I do, Mr. Chairman. MIYASATO: Please state your name and residence. STRAUSS: My name is Steven Strauss. I’m an attorney here in Hilo. My residence is located at 29-2173 Old Māmalahoa Highway in Hakalau. MIYASATO: You can proceed. STRAUSS: Thank you, Mr. Chairman. Good morning Commissioners. Good morning, Mr. Ikeda. Welcome to the Commission. Also, good morning to you, Mr. Kanuha and to Corporation Counsel, I should say Judge Masunaga. MASUNAGA: Not yet. STRAUSS: Not yet. This matter is for reconsideration of Applicant’s request to amend Condition No. 11 of Special Management Area Use Permit No. 450. Following the hearing held September 4, 2014, Applicant received new, previously unavailable evidence about part of the proposed public access realignment. I’ve handed out copies of the original sales agreement between Continental Pacific and the former landowner, Richard and Virginia Alderson, and I understand that Mr. Alderson has also presented testimony today, written testimony. This agreement was made before the SMA Use Permit was granted and before the subdivision was finalized, and if I, if I could draw your attention to a photograph showing the configuration of the property and also the proposed public access realignment. You may have seen this photograph before it was part of the presentation of the County Planning Department in July 2013 to the rural South Hilo community and dealt with an attempt to gauge potential community support for the public access realignment. The existing realignment as shown in the photograph includes what’s identified as Parking Easement P-5, the area outlined in yellow and the green area along a portion of the shoreline, PA-easement, that’s public access easement P-14a. And, during the course of the proceedings in September, Mr. Kanuha raised some concerns about the portion of the public access, proposed public access that the Applicant was willing to provide to the County that actually reaches the shoreline and connects this all up and makes it possible. It’s our position, and it appears as a position of the County Planning Department, as expressed in documents that are already of evidence, that the existing easement, although may approach as the shoreline in terms of the shoreline cliff, does not extend along this ramp that Mr. Yuen was not even aware of at the time that this SMA permit application was being sought, and so therefore was not included in any kind of consideration for public access. 8 EXHIBIT C