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with me today and Royce is back working on the farm; I’m also representing Raymond Kawamata,
<br />Earl Yamamoto, Myles Tomiyama and Sandra Tomiyama, both Raymond and Earl are with me
<br />today.
<br />
<br />BEAUDET: Please proceed with --.
<br />
<br />SONG: -- Okay. Mr. Chairman and Members of the Commission, my clients, I have filed the
<br />petition on behalf of my clients to intervene in this proceeding and ask for a contested case. My
<br />clients are farmers. Most of them have been farmers in the Lalamilo Farm Lots. Their families
<br />have farmed the Lalamilo Farm Lots since the early 1960’s, since this subdivision was first created
<br />by the State of Hawai‘i. So they are active farmers, long-time farmers. And their interest is, as you
<br />can see, their property is closely, is close to the subject parcel, which is the little V in between the
<br />two stars on the right. The Hirayamas’ property is on the far right. The property across from, right
<br />next to the applicant’s property, the Yamamoto family does lease that. The parcel across the road,
<br />the property across the road is Hirayamas’ property. These two parcels are owned by the
<br />Kawamatas. This property is Kawamata Farms; they are raising tomatoes. And this property is
<br />owned by Earl Yamamoto. Finally, the Tomiyamas have this property back here. So they are all in
<br />the Lalamilo Farm Lots, all in close proximity to the applicant’s property. They definitely have an
<br />interest that’s distinguishable from the general public because they are owners of land there, they
<br />are farming in the proximity, and they have a definite interest in this property because this
<br />subdivision was created for farming; it was not created for a commercial development, which is
<br />being proposed by this Special Permit. And I do want to say that they, my clients have no objection
<br />to the gym; they think the gym is, and this particular gym is doing really useful things. Their
<br />position is just that it’s in the wrong location, along with all the other commercial uses, and that this
<br />ag subdivision should be left for agriculture. So that’s the reason why we filed the petition to
<br />intervene. We believe we can present evidence at the hearing to show that this agricultural
<br />subdivision should remain in agriculture, and by allowing this Special Permit, you will open the
<br />door to more commercial activities and it will actually hurt agriculture and the agriculture in the
<br />community. If you have any questions, I’ll be glad to answer them.
<br />
<br />BEAUDET: Commissioner, any questions or comments?
<br />
<br />KANUHA: I have a question. Sandy, did your clients by their individually or collectively
<br />participate in the, or did input when the first Special Permit was issued for the Ice Cream?
<br />
<br />SONG: The first special, okay, well, the first Special Permit was in 1978 for the vegetable
<br />processing plant by Honolulu Poi. And Honolulu Poi at that time had, it was raising its vegetables
<br />in the 16 greenhouses in the back, and they processed the vegetables. And I don’t think anything
<br />was said at that time, or objection, because they were processing the vegetables they were
<br />producing. And when Mr. Edney through his consultant, and I don’t think it was through Edney, I
<br />think it was, I don’t think he was listed as the applicant, when he applied for the amendment of the
<br />Special Permit, the Hirayamas were contacted, and they were told the ice cream processing facility
<br />was going in, would they object? And at that time they didn’t object because, one, they were told it
<br />was just that, and they didn’t want to see any other non-ag uses, and, two, they were told that the
<br />rest of the property would stay in agriculture. And if you look at the amendment to Special Permit
<br />378, that was part of the reason why they granted it because they said the other 16 greenhouses were
<br />being used. I think at that time they were still being used by Honolulu Poi. But, and because there
<br />was primarily agricultural use, they said it was okay, and there were no, and the other reason there
<br />were no objections, and there were no objections because the Hirayamas were led to believe this
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<br />EXHIBIT B
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