2015-11-05 Hearing Transcript - Cellco Partnership dba Verizon USE 15-055

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And, this is looking east towards Highway 11, Volcano Highway, from along Komo Street. Again, here you can see the Kaʽawale Street intersection right on, on this side to the left. The Planning Director’s recommendation is approval with conditions. But, we understand that the--we understand that there is a request for standing in a contested case hearing that you folks, that the Commission has been presented with. As well, we also understand that the applicant is requesting or will be requesting a continuance. We do have a representative of the applicant here that can confirm. And that concludes the presentation portion. I’d be happy to answer any questions. MIYASATO: Commissioners, any questions for staff. Okay, thank you. Okay, first order of business regarding this agenda item is to determine whether to accept a petition for standing from Hezmut John McGuire received by the Planning Department on November 3, 2015. Rule 4-6(a) states in relevant part that a person seeking to intervene as a party shall file a written request on a form approved by the Planning Director and accompanied by a filing fee of $200 no later than seven calendar days prior to the Commission’s first meeting on this matter. rd As stated, the petition was submitted on November 3, 2015, two days prior to today’s meeting, the initial meeting on this matter. So, the petition is considered untimely. Rule 4-6(b) also states in relevant part that if a timely request is filed, standing shall be granted if the following criteria can be met. His or her interest is clearly distinguishable from that of the general public; a government agency whose jurisdiction includes land involved in the subject request; or that they have some property interest in the land or lawfully resides on that land or that even though they do they not have an interest different from the public generally, that the proposed action will cause them actual or threatened injury in fact. Or persons who are descendants of Native Hawaiians who inhabited the Hawaiian Islands prior to 1778, who practiced those rights which were customarily and traditionally exercised for subsistence, cultural or religious purposes. Okay, could I have the petitioner and the applicant or their representatives please come forward? Applicants or representative. SHAFFER: I’m the applicant. MIYASATO: You’re the applicant? SHAFFER: Yes, Corey Shaffer from Verizon Wireless. MIYASATO: Okay, do I have the petitioner? Is Mr. McGuire present? Could you please come forward? Okay, could you please all raise your right hand? Do you swear of affirm to tell the truth on this matter now before the Hawaiʽi County Planning Commission? SHAFFER: Yes, I do. MCGUIRE: I do, yes. 3 EXHIBIT E