HomeMy WebLinkAbout2004-04-02 TMORTARA
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PRESENT:Earl FujikawaABSENT AND EXCUSED:Fred Galdones
William GrahamChristian Alameda
Francis SmithJeffrey McCall
Hannah Springer
Bill Thibadeau
Patricia O'Toole, Deputy Corporation Counsel
Christopher J. Yuen, Planning Director
Norman Hayashi, Planning Program Manager
Phyllis Fujimoto, Staff Planner
Jeff Darrow, Staff Planner
And approximately 10 people from the public in attendance.
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EXHIBIT B
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And -.
CLEMENT:Mililani, Hawai`i.
FUJIKAWA:In Mililani?
CLEMENT:In Honolulu.
FUJIKAWA:Honolulu. Okay, you are the Petitioner. You may proceed.
CLEMENT:What was the question, sir, because I was listening to him?
FUJIKAWA:You have applied for contested on this case.
CLEMENT:Yes, I have.
FUJIKAWA:Do you want to say your side?
CLEMENT:Okay.
FUJIKAWA:Reasoning?
CLEMENT:Well, I did put it in the letter.
FUJIKAWA:Yeah, we want to hear verbally.
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CLEMENT:To everyone. Okay. Now, where did I put that? On this side, okay.
Okay. First, I state that when we purchasedthe property, we knew that it was zoned agricultural
land and we thought, you know, that we wouldn't have any problems of someone wanting to
change it, okay, that on variance. And -, okay. We are entitled to peace and quiet on our
property, is the way I feel. Unless I am misunderstanding this thing, there would be more people
coming round the area, cars in the area. How many artists will be in there? I don't know who
will be coming. And perhaps even tour buses will be coming in, I don't know, later.
And at first when I received correspondence from the Applicants, they said for -, to put an art
studio. Then about a month or so ago, I received another letter, and it states we're making,
making and displaying of the art sculptures, the glass art. And it seems like to me now it's
becoming even like a manufacturing plant where they will be manufacturing, and naturally, I'm
going to have concerns about their melting of the products, the sand, whatever needs, whether
there are chemicals in there, whether we're going to be breathing these chemicals. And I do -, I
raiseagranddaughter,shehasasthma,sothat'soneoftheissuesthatI'mreallynowconcerned
about, because several artists, what I'm just hearing now, will be working. I thought it would be
just one. And I think that we are entitled to a safe and enjoyable area, and at this point, I guess
that is all that I can say.
FUJIKAWA:Commissioners, any questions with the Applicant for -? Go ahead,
Springer.
SPRINGER:I'm wondering if, Mrs. Clement.
CLEMENT:Yes.
SPRINGER:Having made the petition for standing in a contested case hearing, has that
contested case hearing process been explained to you?
CLEMENT:I did call the Planning Commission after receiving the letter, and I was
told, I don't know who spoke with me, I did not write the person's name down, and I was told just
write a letter and just give it when I came in, just make about 15 copies. So is there another -?
SPRINGER:Well -.
CLEMENT:Thing that I did not see or wasn't told?
SPRINGER:Well, just -, I'm wondering, based on your testimony, if there is some
guidance, perhaps, that the Planning Director can give Mrs. Clement with regard to sketching out
what the contested case hearing process is. I'm not sure if Mrs. Clement is fully informed as to
the process.
YUEN:We can do that later. We can do that here now if you would like, but the
Staff can do that with her afterwards, as well.
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SPRINGER:Well, I'm just, I'm wondering if she's fully informed what she has made an
application to participate in.
CLEMENT:Excuse me, but I did call the Planning Commission, and I don't remember
the person's name, it was Phil or whatever it was, and I did ask do I have to present another
check or -? And the person said no, that I have already done that. Just bring a letter. He didn't
even state whether I'm to bring the same letter, perhaps I should have asked, and make about
15 copies and bring it and present it. And that was all that I was told.
SPRINGER:Mrs. Clement, my concern is that a contested case hearing is a rather
lengthy quasi-judicial process where their exhibits are presented, evidence is presented, and
there's some commitment of time as well as resources, and I was just wondering if you'd been
informed of that.
CLEMENT:No.
SPRINGER:Andthat'swhyI'maskingifitmightbeincumbentuponustoinform
Mrs. Clement as to what the contested case looks like in terms of expenditure of time and
resources.
YUEN:Okay, let me -. When -. You got a form saying that you have a right to
request intervention in a contested case.
CLEMENT:Correct.
YUEN:And that's what you filled out and you've submitted that.
CLEMENT:Correct.
YUEN:There are two ways that an application like this can normally be
processed. If you were here for the earlier application -.
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