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erosion from taking place. So, given the fact, you know, watching TV and watching all the things
<br />that have happened in Kealakekua Bay, and watching things about tsunamis and stuff like that, I
<br />think that there is a real issue with the homes being endangered more so than you would have a
<br />swimming pool. The swimming pool would be basically in ground, which would not be coming out
<br />of the ground, and anything that may come over the wall, give it sand, would not affect the
<br />swimming pool in any way, shape or form.
<br />
<br />The other thing would be is rocks coming over the wall. I have never seen any rocks coming over
<br />the wall. We have built several swimming pools in that area. One recently, before the last tsunami
<br />that did hit Kona Bay Estates, nothing happened; the water went all the way out to the street, the
<br />pool got some sand in it, and they vacuumed it, and it was back in business again. It did not stop
<br />them from being unable to rent the house, use the house, and stop using the swimming pool. The
<br />hardship of this case would be that lack of use of the property, the location of the swimming pool
<br />being put in the backyard right now is absolutely useless; it cannot be used for anything; it is at a
<br />level to where they cannot go out off their lanai and get access to the pool, unless it is constructed
<br />along with other things that we are going to do back there. That would make the property more
<br />useful. It would make the property more valuable. And it would also, if there is any reason he
<br />wishes to sell the home later, and there are other pools in the area, somebody is going to definitely
<br />be taking up a house that already has the pool versus their home, so there is going to be an extreme
<br />loss in several different areas.
<br />
<br />Going back to the erosion, the seawall has basically been put up to protect the properties; a
<br />swimming pool can do the exact same thing. If there is something that’s taking place where the
<br />land is starting to disappear or wash away, a swimming pool in fact will stop that. It will stop
<br />complete erosion from going beyond the seawall. It will act as another wall, a barrier, again to
<br />prevent any further erosion that’s taking place with the home. For example, you’ve got great beams
<br />and footings that are supporting those pylons that are with the house; once that’s been undermined,
<br />you are going to have a problem with the house. The swimming pool would stop all of that, which
<br />means that there would be no further erosion taking place threatening the house where the
<br />swimming pool would be built, and, again, it wouldn’t be affecting the pool.
<br />
<br />With regards to any lawsuits, I also believe that there is not going to be any threat to anybody
<br />approving the project because of fear of a lawsuit, because it’s not going to, I don’t believe in any
<br />way, shape or form, come back on anybody’s decision to approve this project. I think it’s been
<br />proven that the owner was not going to be able to come back and, you know, come against anybody
<br />that has approved this. And, what else was there, I think that’s pretty much where we were at the
<br />last time with this.
<br />
<br />So, as far as erosion, if there is any questions or you have anything that opposes anything I just said,
<br />please let me know so I can address those issues.
<br />
<br />TANAKA: We will acknowledge those photos did show the waves overtaking that wall, and that’s
<br />understandable. However, those waves did not show any evidence of in fact erosion on the lot
<br />before and/or after. Like Steve did mention, there was sand in adjacent lots, but, as we mentioned
<br />at our last meeting, a protective fence barrier will also be constructed as per code, Building Code,
<br />and that will prevent the rocks, which we saw photos of, which we explained last time. Those
<br />waves, of course, are uncontrollable by Jim, and the erosion, if were to occur, would be outside, the
<br />makai side of the wall; it’s apparent in those photos that sand does move up against the wall, but
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