HomeMy WebLinkAbout2009-07-01 TOLIVER
PLANNING COMMISSION
COUNTY OF HAWAI‘I
HEARING TRANSCRIPT
JULY 1, 2009
MARTIN OLIVER (SPP 09-83)
A regularly advertised hearing on the application of
was called to order at 11:20 a.m. in the Aupuni Center Conference Room, 101 Pauahi Street,
Hilo, Hawai‘i with Chairman Rell Woodward presiding.
PRESENT: Rell Woodward
Takashi Domingo
Wallace Ishibashi
Zendo Kern
Shelly Ogata
Brandon Gonzalez, Deputy Corporation Counsel
Norman Hayashi, Planning Program Manager
Phyllis Fujimoto, Staff Planner
Jeff Darrow, Staff Planner
Maija Cottle, Staff Planner
And approximately 16 people from the public in attendance
ABSENT & EXCUSED: Andrew Iwashita
APPLICANT: MARTIN OLIVER (SPP 09-83)
Special Permit to allow the development of a private, non-commercial airstrip on approximately
5 acres of land situated within the State Land Use Agricultural District. The property is located
approximately 1,000 feet northeast (mauka) of Waiohinu Park and also mauka of Highway 11,
Waiohinu, Ka’u, Hawaii, TMK: 9-5-5: portion of 13.
WOODWARD: Item No. 7, Applicant Martin Oliver, Special Permit to allow the
development of a private, non-commercial airstrip above Waiohinu in Ka’u. Maija.
COTTLE: Thank you, Mr. Chairman. The applicant Martin Oliver is requesting a
Special Permit to allow a private, non-commercial airstrip on approximately 5 acres within the
State Land Use Agricultural District. The property is located just mauka of Waiohinu town and
it’s shown here, the actual airstrip alignment is shown here outlined in red. And the property is a
little bit larger than that. The zoning for the property is Agricultural 20 acres and the airstrip is
located about 600 feet mauka of some residentially zoned pieces of land in town. Those are
shown here in light brown. You can also see the town of Naalehu further to the east; and those
lands are zoned Residential in the light yellow, as well as Residential in the light brown. The
State Land Use designation for the property is Agricultural. You can see the Urban areas of
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Waiohinu and Naalehu town on both sides of the slide shown in pink. Now this is an aerial
photograph of the site. The airstrip has already been created, so the applicant is coming in to
legitimize the use of the airstrip. But in this aerial photo you can’t see the airstrip yet, but it is in
this location within the red circle here. You can also see in this photo some of the houses within
the town. They’re these little white dots here along Mamalahoa Highway.
This is a site plan that was submitted by the applicant. The airstrip is oriented in an east-west
direction and it has a landing zone on the west side. And it’s my understanding that the
applicant lands from west to east and takes off in an easterly direction. You can see that a little
bit more in these photographs that the applicant has submitted. His approach path is from the
west going in a northern direction over the town and then coming in an easterly direction to the
airstrip here. And you can see the town of Waiohinu. These are the residences and then there’s
kind of a greenbelt of trees between the residences and the airstrip.
This is another photo showing the approach taken from Mr. Oliver’s plane; and you can see it’s
kind of hard to make out but the airstrip is located right here. This is Mamalahoa Highway, so
the airstrip is just mauka of that about 800 feet. And then this is a photo of the take-off path. So,
again, this is the town. You can see Mamalahoa Highway here on the left side of the slide; and
then the airstrip is this L-shaped airstrip here. So he takes off in an easterly direction and then
goes towards the town of Naalehu. And this is a photograph of the actual airstrip itself.
Mr. Martin is actively growing sod on the airstrip so he lands his plane on the sod.
Before I get to the Department’s recommendation you should have a few letters from neighbors
in the area; and we also did just receive two additional letters this morning. I only have one copy
so I’ll pass it out to the Commissioners. Attached to one of the letters is a petition with
approximately 211 signatures in opposition of the application, so I’ll pass that out for you to look
at. The Planning Department is recommending denial of this request based on a few reasons.
One primarily is that the proposed airstrip is only located about 600 feet from the town of
Waiohinu and there are several residences in that town that would be affected by aircraft noise.
We also have received a comment letter from the Police Department, that they have received a
complaint from a neighbor about aircraft noise. And we expect that if the use were to continue
the Police Department as well as the Planning Department would receive additional complaints,
which would tax the public, these public agencies. Are there any questions?
WOODWARD: Thank you, Maija. Any questions for staff? No? Seeing none maybe we
can get the applicant, Mr. Oliver, and/or his representative up. All right, sir, if you could raise
your right hand.
OLIVER: Well, -.
WOODWARD: One second, sir. Sit down and raise your right hand. Do you swear or
affirm to tell truth today before the Hawaii Windward Planning Commission?
OLIVER: Yes, I do.
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WOODWARD: Very good. Okay, if you can give us your name and address, and then
begin your testimony, sir.
OLIVER My name is Martin Oliver. I live at 1264 Haihai Street in Hilo, 96720.
And I have a small sod farm out in Waiohinu. I’m retired. And I’d like to make mention to
Jeff’s comment, I’m not very big but every little thing we do helps somehow. So if I’m run out
of the community, so to say, they’re not going to miss me very much. But I do have a sod farm.
I have five acres, and I have a guy by the name of James Hanka, he wants to put a half acre of
onions. He has the onions in a box and they’re ready to go. Then he would put them there. So
we ask that you don’t pluck our feathers. So, that’s the way Jeff looked at it. As, sure we’re
small.
But, anyway, there are rights and there are privileges. And I was not aware when I bought my
airplane that you couldn’t fly it off a private land. I had no idea. I know there are numerous
other people doing it that have no idea that if you own 10, 15, 20 acres that you can’t fly your
airplane off it, you need a special permit. That’s something we didn’t know. So, anyway, when
I bought my airplane, it came from Italy, pre-built, factory built airplane, in a big crate. I had to
put it somewhere so I just took a road grader, that’s all I did. There’s a level spot on that land
and I just graded down the cow tracks, that’s all I did, no construction, nothing. Six hundred feet
right between two hills, you can see by the picture there’s no grading there, that’s just been
leveled. And then I had a mechanic come, put the airplane wings on and we test flew it. And
I’ve been flying out of there since 2006, not a complaint, nothing, whatsoever. And then, you
know, it comes down to rights and privileges. I didn’t know I didn’t have the right to land there.
And so somebody took the privilege of filing a complaint against me saying you have an illegal
airstrip, although in the last three years I haven’t landed there 50 times. It’s very difficult to fly
from Hilo to Naalehu and actually land. Because if it isn’t raining in Hilo, it’s blowing over in
Kau. But it’s kind of like a boat, you sit there all year, you maintain your boat on that illusion
that some day you’re going to take it out in the water and catch a fish. So you do and then you
turn it loose. I mean, it’s the same kind of thing. So, I’m retired, I was in real estate for a long
time and now I want to grow this grass. So I got the grass started, I got some growing on tarps,
and then I can roll it up and get these sprigs going, cause it’s expensive. It’s zoecier (phonetic)
grass, and I got some growing in the hill. And I got my sprinklers and everything going there;
and it’s coming.
So, anyway, rights and privileges, I want, I’ve got a pig trap there because we’ve got to deal with
pigs. They’re always bothering me. Anyway I built a pig tap and they won’t go in it. So what I
did, it’s a big pig trap, I planted corn in the pig trap. Now if the pigs go and eat the corn I get the
pig. If they don’t I eat the corn. So I know I’m going to get skunked that way. And, anyway,
it’s the same thing, rights and privileges. I have a right to fly my airplane, that’s my right.
We’re allowed to fly and we have rules. We have to obey certain rules. And the first rule of
flying it says you must operate your aircraft at an altitude allowing, if a power unit fails in an
emergency landing, without undue hazards to persons or property on the surface. That’s the first
thing. No matter what we can’t endanger people. And the next thing says over other than a
congested area, and I’m, nobody is around, that’s not congested. So over other than the
contested area an altitude of 500 feet above the surface except over water or sparsely populated
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areas, in those cases the aircraft may not be operated closer than 500 feet to any person, vessel or
structure. We have complaints. One is 1,000 feet; one is 1500 feet. They’re invalid.
The noise, my airstrip is 700 feet higher than the town of Naalehu. When I start my aircraft I’m
okay. They can’t squawk about the noise because I’m allowed, I have a right to fly that. So the
noise is not, like I went down to see the police captain. He said the noise is not coming from the
airplane. He said they’re going to complain. So if he posts this on the wall, the complaints are
taken care of. I have a right to fly my airplane within 500 feet. I’m not saying I would exercise
that right. I mean I could fly, the pattern that you have before you, I could fly that pattern from
one hour before sunset until one hour after sunset legally. I could simply fly my airplane around
and around, not that I would, but I have a right to. So, again, I’m with the Planning Director in
the fact that we don’t want an airstrip. Nobody wants an airstrip there where you’re going to
bring in a bunch of airplanes. I mean, I got a little shed out there, and I sit there and it’s
perfectly quiet. I don’t want to see anymore airplanes either. But that’s not the case. I simply
want the privilege. It’s not my privilege to land my airplane. I can fly out there by right to
check my pig trap, and I can fly within five feet of it. But I can’t land. That’s a privilege that
I’m asking. And the only people who have the right to file a complaint against me is EWM.
Their land is directly in front of my take-off area.
And something else to bear in mind, not everything that comes in on a petition or every call
that’s made to the Planning Department is made under oath. I mean, there’s talk that I’ve been
flying there twice a day since I got a cease and desist, that’s not quite true. And somebody else
called in and said I took out 470 cubic yards of earth. I didn’t see any holes around there.
Anyway -.
So what I’m asking is that I could land my airplane there. And I consulted EWM and we drew
up a land court recordable deed that is in agreement with myself and the Planning Director and
everybody else, limiting me to two, one flight a week and that they have the right to stop, this
cannot be -. It’s not like we’re going to establish an airstrip that runs with the land and then I,
like a grandfathered in. The request is simply to allow me to land my airplane once a week on
my own farm, which I’m in my rights as far as the aircraft goes. So we’re not asking for an
airstrip. I have no choice. I was landing there for three years without an airstrip. I didn’t know,
I didn’t know that the minute you touched an airplane on the ground you established an airstrip;
but that’s how they look at it. Same as your car, drive it in my field, you’ve created a highway.
That’s not quite true. So what we’re asking is don’t pluck our feathers, don’t make me shut
down my onion farm and my grass for no good reason. So if you would study this, this says that
I can’t have a, transfer or create an airstrip or anything. So basically that’s just my own airplane
once a week. And I have my mechanic here who can vouch for my airplane.
WOODWARD: All right, any questions for the testifier? Seeing none, no. Sir, would you
like to say something? Your name and address first and then go ahead.
BRIDGES: All right. My name is Richard Bridges. I live at 15-280 South
Puni Makai, Pahoa. I am a licensed airframe power plant mechanic and I worked on Martin
Oliver’s aircraft. And I’ve installed a new muffler on it and it’s actually a really quiet little
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airplane and is a good airworthy aircraft. It meets all the FAA standards and is completely
airworthy. It’s just, it’s brand new. There isn’t but 200 hours on that aircraft and there’s
absolutely nothing mechanically wrong with it or unsafe. It’s completely airworthy.
WOODWARD: Very good. Thank you. Any questions for Mr. Bridges? Commissioner
Ishibashi.
ISHIBASHI: Thank you, Mr. Chair. Thanks for your testimony. Looking at your
application, I was reading this, under Section 1 you make reference to allow private
noncommercial aircraft to land, take off and park, noncommercial. It doesn’t say one plane. It
says non -.
OLIVER: Excuse me, sir. I could change that -.
NOMURA: Microphone, please.
OLIVER: Oh. Yeah, when I filled out the application, you know, might as well ask
for the moon. We’re not asking for that. I didn’t know how to fill out the application. Since
then I’ve talked to the County and we’ve decided in later documents I submitted, no visitors, no
buzzing, nobody but me. That is part of my application now. They asked the same question,
how many airplanes are you going to have coming? I changed that to no visitors, no buzzing,
just my own airplane; and that’s on record.
ISHIBASHI: The value to operate, how much costs you to fly from Hilo to Kau and
what’s the -?
OLIVER: Approximately half the price of a car. I burn about the same amount of
gas, travel twice as fast; and then I don’t have to have the traffic.
ISHIBASHI: And the intent of this craft, what do you use this airplane for, in your
business?
OLIVER: The aircraft is strictly recreational. It’s a way, the biggest thing, well, one
of the things, I can check my pig trap. I can fly over there to see if there’s pig trap and I can also
see where the pigs are, see if they’re sneaking up on me. And if I fly over there, I have every
right to fly within10 feet of my trap, but I don’t have the privilege to land. If I land it’s going to
cost another $500.
ISHIBASHI: Most of us hunt with rubber boots, so you’re lucky you can fly. Okay,
thank you.
WOODWARD: All right. Any further questions? Okay, gentleman, you may be seated.
We have three people from the public signed up to testify. If we could get James and Pele
Hanoa
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P. HANOA: All three of us on the same item, can we all go up?
WOODWARD: Sure, yeah, I’m just getting to call them one at a time because I can only
get one name at a time. Then we’ve got a Ray Shirakawa and, well, Richard Bridges has already
spoken. So -. All right, if I can get you all to raise your right hand. Do you swear or affirm to
tell the truth today before the Windward Planning Commission?
P. HANOA: Yes, I do.
DAVIS: I do.
J. HANOA: Yes.
WOODWARD: Okay, very good. Who would like to start? Okay, if you could speak into
the microphone, give us your name address, and then begin.
J. HANOA: My name is James Hanoa. I’m a retired iron worker and a ranch owner. I
don’t approve of this. We never was notified by the County what was going on. We should
know that. The people should know what’s going on so we can, if we don’t approve it, don’t put
it. We have, majority of the people don’t want that aircraft up there. You put one then you’re
going to have two, three, it ain’t going to stop. Thank you.
WOODWARD: Okay, very good. Any questions? No? All right, thank you, sir. Yes,
Ma’am, if you’d give us your name and address.
P. HANOA: My name is Pele Hanoa, PO Box 427, Naalehu. That’s the post office box
but I do live in Waiohinu. I live in the valley of Waiohinu. These people coming is above us on
the high hill. They want this aircraft to fly over, and we’re right below. All that dust and that
noise, it echos right back into our valley. We are retired people. The community of Waiohinu is
just a humble little town where we all live. We have church on Sunday. Why is it these people
want to fly an aircraft right above us? I don’t think any of you want this aircraft to be in your
backyard; and this is exactly what they’re doing. Hey, if they want to hunt pig we go on our foot
to hunt pig. We don’t need the aircraft to come over there to hunt the pigs. If he had a piggery
farm, find a way to do it, not flying on the aircraft coming from Hilo and disturb the quiet
peaceful community of Waiohinu. We’re retired. I born in Kau all my life. I’m 86 years old.
And to hear this aircraft coming in, all the dust from the aircraft is going to flow right into our
community. This is uncalled for. And I hope you folks realize how suffering we’re going to be
to have this aircraft, the noise and the dust on the little village, valley of Waiohinu town. Thank
you.
WOODWARD: Thank you. Any questions for Ms. Hanoa? Okay -.
DAVIS: Could I have my statement? Can I have it?
NOMURA: Microphone, please.
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DAVIS: Yeah, I wanted to have my statement that I wrote out because I have only
the draft.
WOODWARD: This one?
DAVIS: Yes.
WOODWARD: Okay. And then if you can give us your name and address and then begin.
DAVIS: Yes, aloha. My name is Barbara L. Davis and I’m also a resident of
Waiohinu. And my, the property, the family property that we have is right below. Cause where
we are there’s just a hill that goes, there’s the canal, and then there’s just a hill that goes right up.
And the airstrip is right there. This is not a personal issue. I do not not like this person, I’m not
losing sleep over some fanatic hatred I have over this person. This is an issue of, you know,
doing things properly and having consideration. As I listen to this, the applicant speak, I’m
shocked at his lack of concern for the community. I mean the way, he is referring to things as if,
you know, well, this is what I’m doing and I have the right. Well, so do the rest of the
community of Kau.
I brought, and I will swear by oath, I got over 200 signatures, and these are community people
that have been there for many years and also new community people, who oppose. I did this on
my own. I didn’t go ask anybody to help me. I just went to talk with the community about how
they feel about having a private airstrip, noncommercial airstrip, above Waiohinu. And I was
surprised at how many people made comments about the way the plane is flying and how, some
of them felt like they could just reach out and touch it. And one incident that I documented
inside of my statement here, I wasn’t the only one that saw this. I mean the plane was literally
putt putting right over the family aina like you could just about, and I mean he, it stalled, you
couldn’t, I actually thought it stopped. But he couldn’t land. He had to go back down and he
had to go way out. And I gave a description in this statement that I made about that particular
incident. What really shocks me is how government allows people, and I state it in here, how
people are allowed to make things. And I used examples of golf courses, luxury homes on
Conservation land, and then years later come along and oh, now we’re going to make up, we
going do the proper thing. That is unacceptable, you know, because we all are accountable for
where we live. I mean to me who’s manning the ship? Who’s actually watching what’s
happening to this beautiful island that some of us were born in, grew up in. Who’s manning the
ship? I mean this is an important job that you guys have.
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You know, I would suggest that everyone, you know, now that the 4 of July is coming around,
reread. Every now and then go into the Declaration of Independence and look why this thing
was signed. I mean if you guys, if all of us in here haven’t done it, do it now so you guys can be
reminded of what was going on and why this happened. Okay? Then go into the Constitution
and take a look, take a look what’s going on. This thing, if you read what I say in here, this is an
exquisite, this is an exquisite document. Okay? And, by the way, the Kingdom of Hawaii also
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followed, followed this because it is -. Now, anyway, one thing I want to say, I’d like to read
this if we have the time. Is it, can we?
WOODWARD: Maybe, perhaps you can just summarize what’s there.
DAVIS: Well, I kind of did.
WOODWARD: Okay.
DAVIS: But, you know, another thing that really, really bothers me is how the
State Historic Preservation conducted their -. You know, I don’t know what was up there. But
how do you do an accurate evaluation when years later they already when make all the stuff?
How do you do an accurate -? This is a fraud. That, this document over here, right here, State of
Hawaii, the assessment is a total fraud. When that gentleman, Mr. Davis, was taking a look at
what was happening over there, I mean, everything was there already. You have an existing site
over there, flight, airstrip. How did -? This is, I mean, what people are manning Hawaii? Huh?
How many historical sites have been demolished because they did an improper job? I mean I’m
not saying -. I don’t know what was up at the applicant’s thing. But how is anybody really
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going to know if it was all done years before they showed up on March 10, March 10, 2009? I
know for a fact the gentleman or the applicant or whoever was flying his plane was flying from
way before the airstrip was made, everything was done already. So you can’t get a proper
evaluation.
So, okay, let me find one other -. I mean, that right there, somebody should investigate the
Historical Preservation management because I just -. That just blows my mind. Okay? Let me
just take a quick look over here. You know, another thing is, that I’m concerned about is while I
was going around talking to people about this, the proposal for the noncommercial airstrip, I ran
across a few people that actually asked me if I had a problem with wealthy people, you know,
people that had money. I have, no, I am not biased in that way to any human being of any color,
any religion, any wealth or whatsoever. I’m glad of the way I was raised. But what she brought
up to me is because she had a very good friend that acquired a hundred acres on South Point
Road and they also want to have a private noncommercial -. I mean even listening to the
applicant here, I mean, God, if everybody, if I went out and bought an airplane and everybody
else that got one, and we all flying all over, I mean, that’s insane to not have rules and
regulations that, you know, monitor this kind of stuff.
Another thing I wanted to bring out was, and it’s in the letter, let me have a quick look. Oh,
yeah, the people of Kau is not blind, are not blind, deaf, or not able to read. Have County, State,
and Federal laws been violated? With aviation Federal laws, does one just take off from an
airport with no known plan? Where is the aircraft landing if not returning to location one took
off from? I would think since 911 monitoring of such air traffic flow would be of the utmost
importance. Safety to our community is also very important. I mean that, this is what really
blows my mind – is that all of this going on -. You know a plane, I’m not saying this of this
gentleman, but that kind of plane is enough. And the Federal government is not manning what
people are doing, flying around? When a plane of that size, hey, we can put a, I don’t want to
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say the “B” word but you guys can fill it in; and it’s judged. So I would think that the Federal
government would have, any way -.
WOODWARD: Okay, is there anything else?
DAVIS: Yeah, I want to know what is growing onions having to do with flying a
plane? You can drive over there, Bruddah, just like all the rest. My son works a hundred miles
from home and he’s proud to go from Kau to that hundred miles every day five days a week
because he wants to see the beauty, and the beauty of Kau, to be preserved. He wants to drive
the hundred miles. And I want you guys to know that I did this and every person, I did this on
my own. I never go make anybody go, uh, you go help me, me and you, you go there, I go there.
I spoke with every one of these people that signed this document; and I swear under oath. You
guys can go check out the phone number, write um, whatever you guys want to do. But,
anyway, I thank you for this time, well, for the time I’ve had; and I hope the best.
WOODWARD: All right, thank you very much. Any questions? Yes, sir.
J. HANOA: There’s an airport in Waibata (phonetic). Why didn’t they use that? It’s a
big airport that he used to use, is in Waibata (phonetic). Why come to the community where the
community living? It’s State land.
WOODWARD: Okay, very good.
DAVIS: Thank you.
WOODWARD: Are you from the public wanting to testify also?
SHIRAKAWA: Yes.
GONZALEZ: It’s Ray Shirakawa.
WOODWARD: Oh, okay. It’s Mr. Shirakawa. Okay, all right.
GONZALEZ: He had signed up.
WOODWARD: Very good. If you could, we’ll swear you in. Do you swear or affirm to
tell the truth today before the Windward Planning Commission?
SHIRAKAWA: Yes.
WOODWARD: Okay, if you’ll give us your name, address, and then please try and keep it
brief.
SHIRAKAWA: My name is Ray Shirakawa and my address is 95-6034 Mamalahoa
Highway, and I’m a resident of Waiohinu. And our family owns the Shirakawa Motel which is
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located right in Waiohinu. And my opposition to this airfield is because his flight plan takes his
plane directly over my house. And he has been saying that he comes in from the north, but I’ve
never seen him come from the north. It’s always directly straight over the town of Waiohinu and
straight over my house. I’ve spoken to Mr. Martin before this, trying to rectify, you know, him
not flying over the neighborhood, and he said he had all the rights because he had ag zoning.
And I informed him that I checked with the Planning Department and they said he needed the
special use permit. But two other occasions after that through a mutual acquaintance I told the
guy to talk to Mr. Martin to see if he would stop or change his flight plan, which he didn’t, and I
filed a complaint. But my complaint was for the illegal airfield and he was cited and got fined
$500 for illegal grubbing so -.
OLIVER: Not grubbing.
SHIRAKAWA: I thought it was on the -. Well, I know you were grubbing. I mean I think
he should be honest about grubbing on his property because I know people who have bought dirt
off of that property. So my question is why wasn’t he cited for an illegal airstrip? You know,
the County took about two months to go up there; and at that time he had already erected a
windsock for his airfield. So my complaint is that this is not the right place for an airfield. It’s
on a bluff and it has updrafts and downdrafts. And he testified on having a safe place to land if
he did get in trouble, and there is no place. I mean, there are all houses below him, there’s a
County park. So I don’t know where he would land if he did get into trouble. He would, you
know, crash into the mountain or into one of the residences. And I can’t see one individual
putting the whole town at risk. The liability that he is putting on all of us is immeasurable. You
know, I don’t have a problem with him risking his own life in his ultralight plane, but why put
everyone else at risk.
Another issue that I have is he is a realtor. And will this become a private airfield for clients to
fly their planes in and out of their properties? If he’s granted the airfield, is it limited to
propeller planes or can jets land there also? When you make your decision, please seriously
consider the safety of the town and the immeasurable risk to its people. Thanks.
WOODWARD: Okay, thank you, Mr. Shirakawa.
P. HANOA: Can I just add one more?
WOODWARD: Okay, very briefly.
P. HANOA: Yes, because he said he didn’t grub, he did grub. Those are all sugar cane
land. In order for him to have an airstrip he needs some grubbing to level the ground for his
airstrip. Thank you.
WOODWARD: Okay, thank you, Ma’am. Any further questions? Seeing none you all
may be seated. Thank you very much for your testimony. And would anybody like to make a
motion?
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COTTLE: Mr. Chairman
WOODWARD: Yes.
COTTLE: Before you do that, I just want to correct a few statements that were made.
WOODWARD: All righty then.
COTTLE: One was the last testifier had brought into question whether Mr. Oliver
was issued a violation for the airfield or for grubbing; and the Planning Department did issue the
violation for the airfield. And the Department is not aware whether Public Works has issued any
violations to him for any illegal grubbing. Also another testifier had mentioned, oh, I’m sorry,
Mr. Oliver had mentioned that he entered into some type of agreement with an adjacent
landowner that the County had approved of; and we have not seen or approved of that agreement
yet.
WOODWARD: All right, thank you, Maija. Would anybody like to make a motion?
Commissioner Domingo.
DOMINGO: Thank you, Mr. Chairman. In view, as per the recommendation of the
Planning Director and in view of the comments that we’ve heard this morning on the petition
that was submitted, I move for denial of the application of Martin Oliver’s Special Permit 09-83.
OGATA: Second.
WOODWARD: All right. It has been moved and seconded. Any discussion? Okay,
seeing none, Maija will you take the vote, please.
COTTLE: Commissioner Domingo?
DOMINGO: Aye.
COTTLE: Commissioner Ogata?
OGATA: Aye.
COTTLE: Commissioner Ishibashi?
ISHIBASHI: Aye.
COTTLE: Commissioner Kern?
KERN Aye.
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EXHIBIT C
COTTLE: And Mr. Chairman?
WOODWARD: Aye.
COTTLE: Motion passes five to zero to deny.
WOODWARD: All right, thank you. You will be notified.
The discussion ended at 11:58 a.m.
Respectfully submitted,
Sharon M. Nomura, Secretary
Windward Planning Commission
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EXHIBIT C