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HomeMy WebLinkAbout2006-08-25 T-AHUI HOU PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT AUGUST 25, 2006 A HUI HOU TRIBUTE CENTER, INC. A regularly advertised hearing on the application of (USE 06-000004) was called to order at 9:02 a.m. at the King Kamehameha's Kona Beach Hotel, 75-5660 Palani Road, Kailua-Kona, Hawaii with Chairman C. Kimo Alameda presiding. Kimo Alameda PRESENT:C. red Galdones F William R. Graham Andrew Iwashita Jeffrey McCall Alvin Rho Allen Salavea QdmdlRhq`btr` Rodney Watanabe Ivan Torigoe, Deputy Corporation Counsel Christopher J. Yuen, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner And approximately 26 people from the public in attendance. APPLICANT: A HUI HOU TRIBUTE CENTER, INC. (USE 06-000004) Use Permit to allow cremation within a mortuary facility on property zoned Village Commercial (CV). The property (former 7-11 Store) is located along the east side of Kuakini Highway, approximately 100 feet northwest of the Kuakini Highway - Hualalai Road intersection, Honuaula, Kailua Village, North Kona, Hawaii, TMK: 7-5-22:3. ALAMEDA:Let us take up Agenda Item No. 1, Unfinished Business. Applicant, A Hui Hou Tribute Center. Staff. DARROW:Thank you, Mr. Chairman. Good morning, Members of the Planning Commission. If I can direct your attention to the location map on the board, the area of this application is within the North Kona District of Hawai`i. This is a continued hearing for this application. Just for reference, some of our Commissioners were not present at our last meeting so if we could do a brief presentation and bring them up to speed on the essence of this application, we should do that. Looking at the location map on the board, these two white lines, moving in the north-south direction are identified as Kuakini Highway and Ali`i Drive. The area of this application is identified by this orange dot, which is near the intersection of Hualalai Road and Kuakini EXHIBIT A 1 Highway. It was formerly the 7-Eleven Store that used to be located within Kailua-Kona town. For reference, this location identified at the corner of Kalani Street and Kuakini Highway is the McDonald’s Restaurant. On the corner of Hualalai Road and Kuakini Highway, we have the Territorial Savings Building. This application is just to the north of the Territorial Savings Building. The Applicant in this case, A Hui Hou Tribute Center, Inc., is requesting a Use Permit to allow cremation within an existing mortuary facility located within property zoned Commercial Village. Looking at the site plan, this is the site plan of the property identified in this area. We have the parking area identified here which has currently eight parking stalls and one handicapped stall. The red identifies the existing structure. The yellow identifies where the cremator would be located within the building. At our last meeting there was a motion to approve this application. The motion did not pass with four yes votes and two no votes. The Planning Director has prepared an approval recommendation based on conditions that were spoken about at our last meeting. That is available to the Commission if they choose to go that direction today.Are there any questions? ALAMEDA:Fellow Commissioners? Commissioner Siracusa? SIRACUSA:Yes. I read the transcript of that hearing and I noticed the various recommendations that the Commissioners asked to be put in; and although there had been some discussion about the height of the chimney, I noticed that, at least on my reading, I could not see that there had been any recommendation referring to the height of the chimney although it was specified that the taller the chimney is the less the, less smoke and odor and pollutants. So I’d like to know if the Department has addressed that matter also in its preparation of recommendations. Maybe I should ask the Director that. ALAMEDA:Director? YUEN:No, we didn’t; and when the Applicant comes up, I think there is some concern that that’s not necessarily so, that raising the chimney is not the best thing to do. ALAMEDA:Other questions? Seeing none, will the Applicant or his representative please come forward? Could you please raise your right hand? Do you swear or affirm to tell the truth now before the Hawai`i County Planning Commission? TESTIFIERS:Yes, I do. ALAMEDA:Could you please state your name and address, starting on your left for the record? CARROLL:My name is John Carroll, I’m attorney for the A Hui Hou owners who are here; and this is -. ALAMEDA:And your address, sir? EXHIBIT A 2 CARROLL:Penny Brumbraugh -. P. BRUMBRAUGH:They want your address. CARROLL:Oh, I’m sorry, 345 Queen Street, Room 607, Honolulu 96813. ALAMEDA:Thank you. P. BRUMBRAUGH:My name is Penny Brumbraugh. My address is 76-6278 Kokoolua Place, Kailua-Kona. ALAMEDA:Okay. Thank you. C. BRUMBRAUGH:My name is Connie Brumbraugh. My address is 73-4343 Wanane Place, Kailua-Kona, Hawai`i. ALAMEDA:Thank you. Did you receive the Recommendation by the Department? CARROLL:We had not but I trust that it’s -. We were, from what I’ve heard, we’re quite happy with it. ALAMEDA:Okay. CARROLL:And, by the way, with respect to the Recommendations of the Commission, we will implement those; and if it has to do with the height of the stack, we will take care of that as well. ALAMEDA:Okay. Commissioners, do you have any questions for the Applicants? Commissioner Salavea? SALAVEA:Regarding the height of the stack, was it your contention to have the stack at a height that would exceed the building height, or what? Can you go over that part of your application for the Commission? P. BRUMBAUGH:According to the manufacturer’s recommendations, the stack has to be 18 feet from the back of the bottom of where the retort work comes out, clear to the top. The height of our building I believe is 12 feet, we have a 4-foot parapet wall that goes around. And so from above that, it will extend about a foot-and-half, two feet high.But from the street if you’re looking at your line of sight, you are unable to see it from the street. So the stack is based upon the manufacturer’s recommendations. We want to make sure that responsibly the output is according to what the requirements are and to the absolute amount. SALAVEA:Thank you. That’s what I wanted to know, to make sure that it was in line with what the manufacturer was recommending. Thank you. ALAMEDA:Thank you, Commissioner Salavea for that question. Commissioner Siracusa? EXHIBIT A 3 SIRACUSA:I noticed that, I believe this equipment is going to cost about $75,000. Is that correct? P. BRUMGAUGH:Yes, it is. SIRACUSA:And Mr. Salavea had made a recommendation during the hearing about a conditional permit which would sort of test the waters and allow you to proceed as long as everything was 100 percent pollution and smoke free. And, yet, I’m wondering how that strikes you if you go ahead and spend that money and install it and then it turns out that it’s not as which was represented to you by the company, that there is odor, there is smoke and there is perhaps an unacceptable amount of particulates. What would you consider as viable options for you if there were a conditional permit and this happened? CARROLL:Well, number one, we do accept the conditional permit and that will pass on to the manufacturers; and from what we know about the product they produce world-wide, we’re not worried about that. And if we do have to worry about it, it’ll come out a lot more than $70,000 against that corporation. But we’re absolutely prepared to accept a conditional permit with the conditions that would require a proper operation that is smoke free and odor free. ALAMEDA:Commissioner Siracusa, follow-up? SIRACUSA:Not right now. ALAMEDA:All right. Other Commissioners? Mr. Darrow? DARROW:Thank you. Just for clarification, there was a question earlier about the, whether or not the Applicants have received the Approval Recommendation. That has been withheld; and, again, that’s, if the Commissioners choose to go in that direction, we can go ahead and pass that out. Thank you. ALAMEDA:Okay. All right. Commissioner Iwashita? IWASHITA:No, thank you. ALAMEDA:Okay. Mr. Darrow, are you saying that we could have that for our review? Do you have nine copies? DARROW:More than nine. ALAMEDA:Okay. Fellow Commissioners, we are now looking at the Recommendations by the Department. It’s the positive Recommendation as opposed to the one in our packet which was a negative Recommendation. Commissioner Watanabe? WATANABE:I have a question for the Applicant. In this back, referring to the conditional use permit, yeah, because this is such a huge investment, and I’m not saying that you wouldn’t be able to comply. But in the event that you were not able to comply, are you then still EXHIBIT A 4 willing to relocate? You know, I assume that there’s a lot of electrical wiring, etc., and all of this other stuff that’s going to have to occur. If you find that after operating for a period of time that, you know, you’re having significant complaints, etc., and that would be my concern. CARROLL:Well, as we mentioned earlier, if that is a concern, it’s going to be between A Hui Hou and the crematory manufacturer; and certainly they’re prepared to immediately cease and desist any operation that is contrary to the Code or to the Health Department regulations. And that’s, they’re going into that with full knowledge of that, as well as the viability of the outfit that’s doing it. I think another point, if you looked at our, the summation we made today, you’ll note that there are crematories being operated in residential neighborhoods throughout the state. And we looked at it because of earlier Commissioners’ comments because we had not really considered that issue. And it seems that, really, every island, every major island has crematory in residential neighborhoods. So this is the top of the line with respect to crematories; and I believe that won’t be a problem. But we’re certainly ready to comply with the conditions of that permit so -. WATANABE:Thank you. ALAMEDA:Commissioner Iwashita? IWASHITA:Thank you, Mr. Chair. Mr. Carroll, in the Recommendations just distributed, Item No. 5 says that “The crematorium shall be operated without smoke (smokeless) and without odor (odorless), as represented to the Planning Commission.” I guess my understanding of that is what has been represented includes those studies or charts that showed, you know, what the emissions were. So is that your understanding that your unit will comply with the standards or the measures that have been put on the record here? CARROLL:That is correct; and that’s the warranty from that company as well. So -. IWASHITA:Thank you. ALAMEDA:Thank you, Commissioner Iwashita. Commissioner Siracusa? SIRACUSA:Yes. In the event that the equipment did not function as well as has been represented to you by the manufacturer and you were ordered to desist at that location until the matter could be corrected, and if it could not be corrected sufficiently for the zoning, would you folks be willing to relocate just the crematorium part of your operation to an industrial-zoned area? I’m not talking about the funeral parlor or the homey-family type environment that you’re creating where you are now, I’m talking about strictly the crematorium part. CARROLL:Well, the issue is whether in an industrial area, agriculture or downtown, we want that thing to work in accordance with the specifications that are being sold with. So if it does not work properly before anybody knows about it, they will know about it; and they will shut it down on their own. And we’ve been assured by the manufacturer’s representatives that they will be in here to take care of it forthwith. And the problem that they had out at the industrial park here was that the fellow apparently made no complaints about the fact that it wasn’t being properly operated; otherwise, in fact, their representative went out and tried to tell EXHIBIT A 5 him how to fix it up and make it work it properly. But we don’t intend to have any odor, excuse me, they don’t intend to have any, you know, contra indicated operation there. SIRACUSA:Redirect? ALAMEDA:Sure, Ms. Siracusa. SIRACUSA:Well, you didn’t really answer my question. I mean, I got all that information from reading the hearing transcript. I asked if in a worst case scenario, you would be willing to relocate the crematorium part of your operation to an industrial area. P. BRUMBRAUGH:I think what we’re trying to say is that if that retort does not function in the manufacturer’s representations that were made, in accordance to those, the manufacturer will be responsible to remove that crematory and get us a new one. We’re not going to, if it’s not operating properly, it’s not responsible for us to move it to another area and have it continue to operate improperly. It’s responsible for us to have that unit corrected to meet the recommendations; and if not so then the manufacturer has the responsibility to fix it or to replace it. I mean, does that make sense? I don’t want a piece of equipment that’s not operating correctly and to continue to use it in that manner is irresponsible. To move it some place else is still irresponsible. So it would behoove the manufacturer then to step into place, according to the warranty’s representations that they’ve made to us, to correct it promptly. SIRACUSA:It is my understanding that this body has no recourse in the event of malfunction to the manufacturer itself. We would only have recourse directly to you as the operator. Is that correct, Mr. Torigoe? ALAMEDA:Mr. Torigoe? TORIGOE:Well, yeah. Thank you, Mr. Chair. Basically, I think what your view is basically correct, that it would not be for the Commission to go after the manufacturer. But you would basically have to shut down, well, it would be the Planning Department that would shut down the retort operation if it did not meet the requirements of your conditions, which includes smokeless, odorless. YUEN:If there’s any case of, we issue a permit, it has conditions. If the conditions are not met, we will cite the permit holder. And in a situation where it’s a serious violation and it’s not cured, then we would bring it, the ultimate penalty is we’ll bring it back to the Commission to revote. ALAMEDA:Commissioner Siracusa? SIRACUSA:And this would be whether we approve it as a conditional use permit or whether we just approve it as a straight regular use permit? ALAMEDA:Mr. Director? SIRACUSA:It would still come back to the Commission? EXHIBIT A 6 YUEN:Well, this is a use permit with conditions; and all of our use permits have conditions on them. And if they’re not met, the violation of the condition would be, it’s a violation we could cite them; and in a serious case, we could bring it back to the Commission to be revoked. SIRACUSA:Thank you. ALAMEDA:Thank you. Thank you, Commissioner Siracusa. Commissioner McCall? MCCALL:Question for the Planning Director. In the current zoning, mortuaries are allowed in CV zoning but crematoriums are allowed only in Industrial zoning, is that correct? YUEN:Well, no, the mortuaries, if they’re not -. Wait. I forget how this one works. DARROW:A mortuary would be a permitted use in certain zones and a crematorium always requires a use permit. YUEN:Right. But their operation is not being, with the original problem we had with the operation is that we’re not permitting this operation as a funeral home type mortuary in a sense of a full service where you have viewings there, because they don’t have the parking requirements for that. So they are doing, but if you have parking, yes, you can do a full, you can have, you can do the embalming, you can also have services. And the parking is because of the potential for when you have family viewings and services; and we did establish to our satisfaction that they weren’t doing that at this site; and they came in and said that they weren’t going to do that at the site. But a crematorium requires a use permit even in an ML. Does it require an MG as well? I can’t remember now. DARROW:Let me look that up right here. YUEN:Even in a Limited Industrial zone, you still need a use permit for it; and, as I say, you can get a use permit in this Village Commercial zone here. And it requires a use permit even in a Heavy Industrial zone? DARROW:MG. YUEN:Okay. So it requires a use permit in all places where it could be done. MCCALL:And where it’s listed that it could be done is basically in ML, MG zoning. And it’s not listed as a use in CD? YUEN:You mean the crematorium? MCCALL:The crematorium. EXHIBIT A 7 YUEN:It’s actually not listed. It’s not an outright permitted use in any zoning district. Every zoning district where it’s possible, you need a use permit even in MG zone. So the one that we permitted a year or two ago in the Kohanaiki Business Park, that is a ML or Limited Industrial zone. The most wide open Industrial zone is a MG; and even in a MG it requires a use permit. MCCALL:Right. But I guess my question is it, in the CV zoning, is it listed as a permitted use with the use permit? YUEN:Yes, that’s why we’re here. MCCALL:So, I mean, I just want to make sure we are able to, we aren’t going pass the law. YUEN:No, that’s why they’re here. As I say in any, a crematorium in any zoning district requires a use permit. A use permit, you know, comes to the Planning Commission and will typically have conditions of the operation. The idea behind the Code is that you have one listing of permitted uses like in a Commercial zone it would be things like retail establishments, banks, you know, restaurants. And, so, they don’t, they just come in with their building plans, and we review them, and they never come to the Commission. There are a handful of things that require, that are possible to do but require use permits because there’s a special scrutiny. The idea is that there is some need for special scrutiny of these; and those do come to the Planning Commission. ALAMEDA:Thank you, Commissioner McCall, for your line of inquiry. Commissioner Siracusa? SIRACUSA:Yes, I was just looking at the hearing transcript and Mr. Raggett was talking about all the various agencies in California that have oversight over crematory operations there; and he talks about air quality, he talks about, of course, the city, and in this case it would be the County with permits, and Consumer Affairs and various other agencies. And he says, “And I’m sure Hawai`i has these same standards.” And I’m wondering, I don’t know who to ask this question of, but my question is, do we, or is California stricter in a lot of ways than we are? Do we have the same kind of standards that would protect the public? Does anybody know? ALAMEDA:The Applicant or -? YUEN:Mr. Darrow has looked at this and there is a Department of Health regulation on this kind of facility. I can’t tell you if the State Department of Health, I can’t tell you if it’s as strict or stricter than California’s; and there’s also EPA that would be in the same nationally. SIRACUSA:Is there a licensed crematory operator? Is there an agency that licenses crematory operators in the State or in this County? Does anybody know? PUBLIC:Actually they don’t. The State of Hawaii recently contracted -. EXHIBIT A 8 ALAMEDA:Sorry. We’ve got to get a little bit more formal on this one. So, Commissioner Siracusa, are you asking the question to the Applicants or –? SIRACUSA:If the Applicant knows the answer, then I’m asking the question of the Applicant. CARROLL:There’s not a, no, there’s no provision for licensing. They come before this Commission to get really permission to operate on this island. It seems like none of the other islands have such a certification that I’m aware of; but I do know the Department of Health has various departments within, you know, sub-departments that look at air quality, and stench, and whatever. I mean, they’re all divided up with obligation to check this type of operation. But I don’t think there’s any separate certification required for a crematory. SIRACUSA:Okay. I’m just asking that because Mr. Raggett had mentioned all these different oversight agencies within the State of California and his assumption was, in his testimony, that we have equivalent oversight. And, so, I was just trying to check that out. My other question is -. CARROLL:Mr. Chairman, may I comment on that before she goes to her next question? SIRACUSA:Yes, go on. CARROLL:The reason that he said that, ma’am, was not to suggest that we should have it here. He’s suggesting that their operations are so carefully and critically controlled that all of those various agencies have to be satisfied in California. That standard would be applied here even if nobody is looking at it.That was the thrust of his comment. SIRACUSA:Well, I should certainly hope so. But he was assuming. He said, “and I’m sure Hawaii has those same standards.” So I was just trying to check up on that statement as to whether it was just his wishful kind of statement or if he really knew what he was talking about and we do have those kind of oversight. ALAMEDA:Okay. SIRACUSA:My other question has to do with, he talked, towards the bottom of Page 9, about problems when they’re cremating obese cases; and we certainly have a lot of obese people here in our State. And so I’m wondering what special types of precautions would have to be taken by the operators of a crematorium to keep the crematorium from having to be shut down because, or having an upset cremation per se. CARROLL:I’m not planning to die real soon but I’ll let her answer that. ALAMEDA:Ma’am? EXHIBIT A 9 P. BRUMBAUGH:Yeah. In reference to those I think he was pointing out the different types of cases that come into play and that we’re going to be trained properly on how to handle those different types of cases. Also, the type of equipment that we’re having is, from what I understand, is the top of the line; and it’s already set to gear for certain types of things. SIRACUSA:So you have not had this training yet? P. BRUMBAUGH:Not yet, no. SIRACUSA:Okay. Thank you. P. BRUMBAUGH:One of our staff has had that training. She’s not here today, but she has had some training already. ALAMEDA:Okay. Fellow Commissioners, any other questions before we let our Applicants off the hot seat? Seeing none, you may be seated. CARROLL:Before we go, I would like to thank all of you folks who are volunteers here; and, of course, the governmental staff that we know what a chore it is to take time out of your day and your work to do the public contribution. So I thank you; and I know that the ladies thank you as well. ALAMEDA:Thank you. You have a chance to come back, so you can thank us again after testimony. We do have two testifiers today. Mr. Darrow? DARROW:Thank you, Mr. Chairman. There are two things I’d like to bring to your attention, a comment letter that came in July 18, 2006 from the Department of Health. They make a comment, “It is the department’s responsibility to regulate statutory sources of air emissions to insure compliance with both State and Federal air regulations, including compliance with visible emission limits.” The Department of Health, in speaking to them, they are the ones, Clear Air Branch monitors the activities of the cremation services. SIRACUSA:Thank you, Jeff. DARROW:I’m not sure if it’s as high a standard as California or the mainland. No. 2, on our Planning Department Approval Recommendation, if we could change the top line where we have our standard “County of Hawai`i Planning Department Recommendation” to “Planning Commission Recommendation.” Minor change. Thank you. ALAMEDA:So noted. Is there a Monty Stewart and Danny Choy in the house? Please come forward. Jeannette Vidgen? Jeannette, hi, please come forward. I did mention one other person as Stewart -? PUBLIC:He left. ALAMEDA:Okay. He’s not here. All right, will you please raise your right hand? Do you swear or affirm to tell the truth now before the Hawai`i County Planning Commission? EXHIBIT A 10 TESTIFIERS:I do. ALAMEDA:Thank you. We’ll start off on my left. Could you please state your name and address, ma’am, for the record, and speak into the mike? VIDGEN:My name is Jeannette Vidgen and I am a concerned citizen of Kailua. SIRACUSA:Could you please speak louder so that we can hear you. VIDGEN:My name is Jeannette Vidgen. I reside at 78-630 Ihalani Place. I work at Current Events, which is in the Territorial Center, which is at 75-5751 Kuakini Highway, Suite 202. ALAMEDA:Thank you, Jeannette. And, Sir, could you please state your name and address for the record? CHOY:I’m Danny Choy. I live at 73-1165 Oluolu Street in Kailua-Kona. ALAMEDA:Thank you, Danny. Jeannette, you’ve heard our discussion; and thank you for showing up. This is a public hearing. We appreciate your time. Could you please share with us your testimony or your thoughts regarding this application? VIDGEN:I think it’s just very simple. As a concerned citizen of the Village, just two very basic things: I’m against the A Hui Hou Crematorium simply for the fact that I don’t believe that belongs in the Village in the location; and there’s simply not enough parking in that area as well. ALAMEDA:Okay. VIDGEN:Thank you. ALAMEDA:Okay. Questions, fellow Commissioners for Jeannette? Seeing none, thank you. You may be seated. Sir? Same, you have any thoughts regarding this application? CHOY:Yes. We’ve heard testimony about the equipment, about various things, the code, the law, health, you know, the smoke, emissions, all those kinds of things and those are all important issues that you have dealt with pretty thoroughly over the, you know, the last several meetings that I’ve attended, with both this Commission and with the Design Committee, I think. One of the things that we also want to be aware of is that when we undertake different projects or different things that come up that are important, we want to scrutinize and pay attention to all the details. One of the areas of details that I think is important is the quality of the people that you deal with. I believe in the people who run A Hui Hou Services. They are people of integrity, they are loving, caring people. They’re the kind of people that we need in business in Hawai`i, in here, in Kona. The way that they operate, the way that they care for the people that they service, is a benefit to us as a people here in this place. And I just wanted to say that I EXHIBIT A 11 believe wholeheartedly in them as people and in what they’re doing as they offer these services to our people here. Thank you. ALAMEDA:Thank you, Mr. Choy. Fellow Commissioners, any questions for the testifier? Seeing none, thanks for coming. You may be seated. ALAMEDA:Will the Applicant, please return, and his representative. You’ve heard our two testifiers. You have any responses or thoughts regarding their comments? CARROLL:No. ALAMEDA:Okay. Seeing none, fellow Commissioners, any further questions for the testifiers, I mean, for the Applicants? Commissioner McCall? MCCALL:Maybe a quick question, I guess, for the Applicants and then also maybe for Chris, in turn. As I understand it, the Planning Department’s primary objections at the last meeting had to do primarily with parking and with the zoning regulations for a mortuary. And as represented, what I understand is, and the primary thing is that with viewings you would have a large audience; and that is not the case here. Do we need and would the Applicants be accepting some sort of conditions limiting or indicating that there would not be viewings or something to that effect? So I guess, first, my question is to the Applicants and, then, you know, just ‘cause I don’t want to see this, you know, build up and then have parking problems showing up if we do, if viewings were to be set up in this type of thing. ALAMEDA:Mr. McCall, before we go to that, I don’t know if you -. Number 4 it says on the conditions that “The Applicants shall not conduct services, viewings or similar activities on site.” I don’t know if that captures -. MCCALL:Okay, I missed that, yeah. Okay. Thank you. ALAMEDA:All right. No problem. Other Commissioners, questions for the Applicants? Seeing none, is there anyone who would like to entertain a motion? SALAVEA:If it pleases the Chair, I’d like to make a motion. ALAMEDA:Sure. SALAVEA:Thank you. In the matter of A Hui Hou Tribute Center, Inc., Use Permit Application No. 06-000004, I move that the Planning Commission approve the request for a Use Permit to allow cremation within an existing mortuary facility on property zoned Village Commercial. IWASHITA:Second. ALAMEDA:Motion made by Commissioner Salavea, seconded by Commissioner Iwashita. Discussion? Commissioner Watanabe? EXHIBIT A 12 WATANABE:Yeah. I may be in the minority and since then I probably am. But I still think it’s not an appropriate use in the particular area that we’re discussing; and I think it’d be better served in, you know, like in an Industrial area, something that is not quite like downtown. ALAMEDA:Okay. Thank you for your perspective. Any other perspectives or opinions that you’d like to put on the table for our consideration? Commissioner McCall? MCALL:Yeah. I’m still somewhat torn on this. I do, my concerns are with, you know, as represented it sounds like there will be little to no adverse effects to the neighbors and neighboring property owners. That is my primary concern. If it goes as represented, I think it’s fine. But there was, you know, a bit of talk at the last meeting, and it was discussed, you know, about the possibility of doing a conditional permit. Just for discussion purposes, I mean, I would look more favorably at this motion if something was put in as a, you know, conditional permit with the ability to revoke it in, you know, six months or a year if things weren’t working out. I don’t know what the other Commissioners think about this. I do know that we do have, the Planning Department does have the ability if there are complaints to revoke the permit anyway. But perhaps maybe a more formal review process -. ALAMEDA:Mr. Salavea, you were going to say something? SALAVEA:Well, two things. The first regarding Commissioner McCall’s comments. I’m comfortable with the conditions, as stated, regarding the, and this is just to give him my perspective about that point raised that the conditions I think -.I feel the conditions, as stated, allow the Planning Department the administrative leeway to enforce what is represented in the application without having to come back to the Commission, unless totally warranted. And I think that saves time both for the Planning Department on their schedule, as well as agenda items that come before the Commission and us trying to micro-manage a particular application. So that’s just my thoughts on that point. What I also wanted to state was, to make sure my motion was complete, that the motion was to say that it is made with conditions, or as recommended, and as stated in the conditions on the Recommendation. So I just wanted to make sure that staff got that. Thank you. ALAMEDA:So noted. Ms. Siracusa? SIRACUSA:Yes. Well, first I wanted to say that I had both of my parents cremated and I intend to go the same route. On the other hand, I am sort of torn because I agree with Commissioner Watanabe that it’s, I don’t think it’s appropriate in the middle of town and, yet, my comfort level would greatly increase about approving this if Commissioner McCall’s suggestion was incorporated. ALAMEDA:Commissioner Iwashita? IWASHITA:When I first went over this application, my initial impression was absolutely no way. This is, you know, based on the sentiments and feelings expressed by primarily Commissioner Watanabe. Then after the last hearing that we had, I’m convinced that, you know, for me, personally, that was a knee-jerk reaction basically to having to deal with death EXHIBIT A 13 and dealing with dead bodies and all of that, and not having, you know, wanting to put it some place where we don’t really want to have to see it all, to be reminded about it. Right? But in terms of just a practical matter, and what really happens, and what the effect is on the neighbors and so forth, and what those concerns are, I lived on Maui for eight years and the mortuary on lower main is, you know, the thing has to be about as old as my mother. It has been there a long time, it’s in the old Wailuku, I mean, it’s old town Wailuku. And when it was put in, you know, it had to be almost all residential and the cemetery is a block up and across the street on the Sand Hill, you know. And, you know, that’s just the way it is in old town Wailuku right now; and it’s still today. And now it’s multi-family residential, apartment buildings built all around that facility. So, you know, that’s just to me an example, from my experience that, you know, in the long run I don’t see it as being a problem. As far as the operation of the retort, I guess I don’t really have any residual concerns that it’s going to be operated properly; and if it weren’t for a sign in front of that building, no one would really know that it’s there.And I think, you know, even for like Dodo Mortuary in Hilo which, you know, I frequent quite a bit lately just because of my age and who I know, I don’t, you know, it never occurred to me, ever, until this proceeding that there was a crematorium in that building. It never occurred to me that there was one there, and there was one there. And that, you know, if you go in front of that building it’s all residential, it’s totally residential. And they’re going to build a bed and breakfast about less than a foot, you know, a Tiger Woods 60 degree sand wedge away from this crematorium that we approved. So I’m going to vote in favor. ALAMEDA:All right. Sounds to me that we’re ready to move forward. Okay. Motion made by Commissioner Salavea, seconded by Commissioner Iwashita, we had a discussion. Staff? DARROW:Thank you, Mr. Chairman. If I could just clarify with Commissioner Salavea. This is an approval with amendments as recommended with conditions proposed by the Planning Commission. Is that correct? SALAVEA:Correct. DARROW:Thank you. Commissioner Salavea? SALAVEA:Aye. DARROW:Commissioner Iwashita? IWASHITA:Yes. DARROW:Commissioner Galdones? GALDONES:Aye. DARROW:Commissioner Graham? EXHIBIT A 14 GRAHAM:No. DARROW:Commissioner McCall? MCCALL:Aye. DARROW:Commissioner Rho? RHO:Yes. DARROW:Commissioner Siracusa? SIRACUSA:No. DARROW:Commissioner Watanabe? WATANABE:Nay. DARROW:And Mr. Chairman? ALAMEDA:Aye. DARROW:The motion passes, six to three. Thank you. ALAMEDA:You’ll be informed in writing of this decision. Thank you. CARROLL:Okay. Thank you very much and we very sincerely do thank you folks. ALAMEDA:Thank you. P. BRUMBAUGH:Thank you very, very much. ALAMEDA:You’re welcome. CARROLL:Mr. Chairman, one of the questions that was asked is 25-5-120, that’s Chapter 12, that’s 25-75 in the Zoning Code; and that lays out the answer to his question. ALAMEDA:Thank you. The discussion ended at 9:50 a.m. Respectfully submitted, Sharon M. Nomura, Secretary EXHIBIT A 15