HomeMy WebLinkAbout2006-11-01 tfay_roblee
PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
NOVEMBER 1, 2006
PAT FAY & MARY ROBLEE
A regularly advertised hearing on the application of
(SPP 06-000032)
was called to order at 1:42 p.m.in the County of Hawaii, Aupuni Center
ST
Conference Room, 101 Pauahi Street, Hilo, Hawaii with 1 Vice-Chairman Bill Graham
presiding.
PRESENT:Bill GrahamABSENT & EXCUSED: C. Kimo Alameda
Fred Galdones Jeffrey McCall
Andrew Iwashita
Alvin Rho
Allen Salavea
Rene Siracusa ?????
Rodney Watanabe
Ivan Torigoe, Deputy Corporation Counsel
Christopher Yuen, Planning Director
NormanHayashi,PlanningProgramManager
Phyllis Fujimoto, Staff Planner
Jeff Darrow, Staff Planner
And 4 people from the public in attendance.
APPLICANT: PAT FAY & MARY ROBLEE (SPP 06-000032)
Special Permit to allow the establishment of a 2-bedroom bed and breakfast within an existing
single family dwelling located on 0.5 acre of land situated within the State Land Use Agricultural
District. The property is located along the west (mauka) side of Paradise Ala Kai Street,
approximately 1 mile from its intersection with Paradise Drive, Hawaiian Paradise Park
Subdivision, Keaau, Puna, Hawaii. TMK: 1-5-59:28.
GRAHAM:Applicant: Pat Fay and Mary Roblee. This is a Special Permit request for
a bed and breakfast within an existing single family dwelling; and this is in the Puna District.
And if youll hold on just a second, Ill get my paperwork together for contested case procedures.
Okay, I think what wed like to do is start with sort of a recap of where were at and how we got
here. So Mr. Torigoe will give us just a little rundown of where were at.
TORIGOE:Thank you, Mr. Chairman. Basically, just for your information, we had a
prehearing conference with the parties and Mr. Graham, just to see if we could come up with a
procedure that would work since the Intervenor, Ms. Lai, is in California and really didnt want
to come for the hearing. And so it was agreed at the prehearing conference that Ms. Lai would
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submit her written testimony, which you should have, and exhibits, if any; and that she would
not be appearing today; that the contested case hearing would go forward based on her written
testimony and whatever other evidence the parties will present today. So its one of those
situations where the parties have agreed to modify a contested case procedure. And so we will
just go forward on that basis.
GRAHAM:Thank you. So in my preparation for how to conduct this, you know, I
looked over what Kimo did the last time we had a contested case in Kona and I got the material
from a contested case workshop we had, so I want to just try to pretty much follow that pattern.
The general procedure that we have is that were going to have three parties, one of whom is not
here, the applicant, and the Planning Department are the other two parties. The Intervenor is not
here today, but we do have some written material from the Intervenor, though not a lot. And so
well have opening statements from the parties that are here. And then well have the applicant
presenttheircaseforthespecialpermit;andthenwellsortofgoovertheIntervenorscase,and
the Director will give the Planning Departments case. And then well do closing statements.
And then well come back and deliberate on it ourselves and make a decision today, or make a
decision some other day.
So I would invite the applicant to also come forward; and if theres anyone here from the public
who wanted to testify on this, please make it known to Sharon over here; and well take some
public statements in a short while.
Could perhaps just the folks up at the table here just introduce themselves for us now, if you
would. And maybe the first thing I could do is ask you to raise your hand and swear you all in.
Do you swear or affirm to tell the truth in the Planning Commissions session here today?
PARTIES:Yes, we do.
GRAHAM:Thank you. Okay, so Ill start on my left. Could you identify yourself,
please.
FAY:Yes. My name is Pat Fay; and Im co-owner of the proposed bed and
breakfast. You need my address?
GRAHAM:Not this moment. Thank you.
FAY:Okay.
ROBLEE:Im Mary Roblee, the other owner of the bed and breakfast, proposed bed
and breakfast.
GRAHAM:Thank you, Mary. Yes, Mr. Yuen?
YUEN:Chris Yuen, Planning Director, business address is 101 Pauahi Street,
Suite 3.
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GRAHAM:Thank you.
LEITHEAD-TODD:Deputy Corporation Counsel, Bobby Jean Leithead-Todd; and Imhere as
Mr. Yuens attorney.
GRAHAM:Thank you. Mr. Torigoe has suggested to me in order to expedite it,
maybe it would be good if we could stipulate that the exhibits thats shown up on the exhibit lists
from you folks and Ms. Lai and from the County, if we could stipulate them all into evidence, so
that we could stipulate them all into evidence so that we dont have to discuss or do anything
about them. Is that okay with everybody?
ROBLEE:Yes.
LEITHEAD-TODD:Yes.
DARROW:Mr.Chairman?
GRAHAM:Yes,Mr.Darrow.
DARROW:Sorry.Theapplicantshavesubmittedsomethingthismorning.Youfolks
should have gotten a copy. Its identified as, the first page has a letter from the Planning
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Department dated October 2. So that was given to us just this morning. So, also, if that could
be introduced into the record as part of an exhibit.
GRAHAM:Is it all right with you, Ms. Leithead-Todd?
LEITHEAD-TODD:No objections.
GRAHAM:Mr. Torigoe, can we assume thats all right with the Intervenor or how
should we do in that regard?
TORIGOE:Well, lets see, the Intervenor basically has waived her right to be here and
object. So if the parties here are okay with putting it into evidence, I think thats okay.
GRAHAM:Okay. So well take that into evidence also. Mr. Darrow, maybe you
could give us a presentation so were all understanding whats before us today.
DARROW:Sure.
TORIGOE:Excuse me, Mr. Chairman. Maybe just for the record we should identify
exactly what it is that Mr. Darrow was identifying as a new material today.
DARROW:It appears that these are, its information regarding the wastewater system
onthepropertyandhowtheapplicanthasbeentryingtoresolvethewastewaterquestionwith
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theDepartment of Health. So theres different letters that have gone back and forth from
Department of Health and the applicant, basically trying to resolve that issue.
TORIGOE:So this is a stapled package of letters, its about seven pages, starting with
an October 2, 2006 letter from the Planning Department to the applicants. And I think the last
Adai,
one is a June 21, 1993 letter from State of Hawaii Department of Health to a John is that
the package?
DARROW:Yes.
TORIGOE:Thank you.
GRAHAM:Thank you, Mr. Torigoe. All right, Jeff, maybe you could go ahead with
the particulars on this bed and breakfast application.
DARROW:Sure. If I can direct the Commissions attention to the location map. The
areaofthisapplicationiswithinthePunaDistrictofHawaii.Morespecifically,werelookingat
the Hawaiian Paradise Park Subdivision. Running in a north-south direction, we have the
different subdivision roads identified as Kaloli Drive, Paradise Drive and Makuu Drive. The
area of this application is near Kaloli Point. Its identified in blue; and this is on Paradise-Alakai
Drive. Looking at the site plan submitted by the applicants, the property is narrow, long and
narrow in length. On the property we have two existing dwellings. One is a one-story dwelling
with two-bedrooms; and we have a proposed three-bedroom, Im sorry, an existing three-
bedroom dwelling in which the applicants will reside; and theyre requesting that a two-bedroom
bed and breakfast be approved within the ohana dwelling.
The Paradise-Alakai Street is identified at the bottom of the map. Previously the Planning
Department had received a petition for standing in a contested case from Janie and Larry Lai for
the Lai Lin Trust. And at this time theyre received standing; and thats why were here today.
GRAHAM:All right, thank you. Do any of the Commissioners have any questions of
Jeff at this time? All right. Thank you.
IWASHITA:Mr. Chair?
GRAHAM:Yes.
IWASHITA:I just want to clarify in the record the exhibits that have been admitted are
the ones submitted by the County on the exhibit list file stamped October 17, 2006, the exhibit
list submitted by Janie Lai file stamped October 24, 2006, and the exhibit list, oh, thats a
th
witness list. I guess theres a witness and exhibit list file stamped October 20.Icanttellwho
submitted it, with colored photos attached. Those and the other described documents are what
areinevidence?
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GRAHAM:Right, thats correct. And the last one is from the applicant; and I believe
that we not only have the list,we have the actual exhibits from all the parties, here, too, in this
documentation that was sent to us.
IWASHITA:Right.
GRAHAM:So I have three different exhibit lists, witness lists, and exhibits included;
and then we have the one additional one we got today thatMr. Torigoe described.
IWASHITA:Thank you.
GRAHAM:On my script, so to say, well have opening statements first. And so the
opening statement would beginwith the applicant. So one of you folks could give an opening
statement; and maybe when you do that you could give your name and your address, please.
Thankyou.
FAY:MynameisPatFay.Iam,asIsaid,co-owneroftheproposedB&B.The
address is 15-782 Paradise Alakai. And I want to thank the Commission for having this meeting
as quickly, and I also want to thank the Planning Department for the assistance in the pre-
planning hearing and the types of things that helped us put this together. In my opening
statement the only thing thats most important to me is the fact that the gentleman who built this
house built it to raise his family. We bought this house from him. Were doing nothing to it.
Its exactly the same house. Were not changing it, were not putting anything on the ground.
Its exactly the same as the house that was built, with no changes.
The house is located on what has been judged as poor land for agriculture. And I can attest to
that. Trying to grow a couple of fruit trees has been very difficult to even plan. Also, the home
is located within Paradise Park; and on page 7 of our statement, of our application, we state that
we are in compliance with the Master Plan of Paradise Park. So thats my opening statement.
GRAHAM:Thank you. So next we would have our opening statement from Janie Lai,
the Intervenor whos not here. But I would like to call the Commissions attention to the exhibit
list, and Exhibit 1 and Exhibit 2 from Janie Lai where she speaks of her concerns. So I dont
think I need to read them here. Shes not here to read them or speak to them, but I certainly want
to be sure that the Commissioners are up to speed with where her concerns are. Is there anything
in that regard that I should do at this time, Mr. Torigoe?
TORIGOE:No, I think that will do for now.
GRAHAM:Thank you. So the third party is the Planning Director. And, Mr. Yuen,
would you have any introductory statements to make?
YUEN:My counsel will take care of this.
GRAHAM:Thank you.
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LEITHEAD-TODD:The Department received an application for a bed and breakfast, reviewed
it, did a background report, evaluatedit and made its recommendation to support the application.
Because it is State Land Use Agriculture, it requires a special permit; and thats why were
before the Commission.
I think if you look at the background report and the Departments recommendation they basically
speak for themselves and that this falls within the parameters of the reasonable and unusual use
of the land that is not necessarily suited for agricultural endeavors. And I think if you look at the
Hawaii Revised Statutes theres a recognition that within the State Land Use Agricultural
classification there are lands which are not necessarily suited for agricultural pursuits, but they
were when the State classified lands kind of lumped in there, even though the were not
necessarily the most productive agricultural lands; and that, in fact, they might be very difficult
to promote agriculture on. And this is, I think, true of this particular piece of property, if youre
familiar with the typography and the type of soils in that area. And you can look at the report. I
thinktheclassificationwasEonit.
GRAHAM:Thankyou.Thatconcludestheopeningstatements.Sowenowmoveto
each of the parties presenting their case, meaning sort of using their witness list, their exhibits,
and their witnesses to support the position they take. So I would start again with the applicant.
So the applicant will, lets see, Ive sworn everybody in. So the applicant can present their
exhibit, which we already have, they can speak to the exhibit and present your witness. And
essentially the format we usually take is that you question your witness and your witness
eventually gives us information supporting your case based on the questions that you ask your
witness. Is that all right, Mr. Torigoe?
TORIGOE:Yes, thats fine.
GRAHAM:Fine. So is this your witness here at the table?
ROBLEE:Yes, it is.
GRAHAM:Could I swear you in, sir?
S. BURRELL:Yes.
GRAHAM:Could you raise your right hand. Do you swear and affirm to tell the truth
before the Planning Commission here today?
S. BURRELL:Yes.
GRAHAM:Thank you. And could you give your name and your address.
S. BURRELL:My name is Steve Burrell and I reside at 15-776 Paradise Alakai.
GRAHAM:Thank you. Ill turn it over to the applicant.
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ROBLEE:Okay, thank you, Steve, for coming to be our witness. So its not to keep
you, delay you today. Could you please go over how you feel about the application, our
application, for the proposed bed and breakfast.
S. BURRELL:Well, I fully support the application for a B&B. I live one lot down and I
own the other lot next to that. I have two houses there. I dont feel its going to affect us at all. I
think the fact that a B&B is going to be there gives an alternative for folks that are visiting that
either dont want to stay in Hilo or cant, or like the Puna area as we do. It gives them an option
of a place to stay. And so based on that, I dont see any reason to deny it.
ROBLEE:Okay, do you see any adverse, you know, traffic or anything that might
impact the area?
BURRELL:No, no I dont. Because of the location, it is on a dead-end street, and I
dont think traffic is even an issue down there.
ROBLEE:Okay, thank you very much.
GRAHAM:Thats all?
ROBLEE:For my witness, yes.
GRAHAM:Okay. Okay.
LEITHEAD-TODD:The Department has no questions.
GRAHAM:Pardon?
LEITHEAD-TODD:The Department has no questions.
GRAHAM:All right. So we have no cross-examination of you, so well take what you
said.
ROBLEE:Thank you, Steve.
S. BURRELL:Thank you.
GRAHAM:Do the Commissioners have any questions for the witness? All right,
thank you. All right, you may continue.
ROBLEE:Okay. We do have the five exhibits that we submitted originally. And
Exhibits 1, 2, 3 and 5 are pictures that we took of the area around our house. The first, Exhibit 1
shows kind of a dense forest area between our property and the Lai property that we have no
intention of changing, on our end of the line at least; and, as a matter of fact, were trying as Pat
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said togrow some fruit trees so that if we do get our proposal approved well be able to get some
fresh fruits.
Picture 2 showed parking would be within our compound. Its behind our house. As you see its
quite a large area. Thats the back of the dwelling where the proposed bed and breakfast would
be located. Theres room for approximately three or four cars very comfortably without
impacting any other traffic into our yard and without need to park in the street.
Exhibit 3 just shows the front of our house. Thats just to show that that dwelling will not
change. And thats where the two bedrooms, two rooms for the bed and breakfast will be
located.
If you look at Exhibit 5, Exhibit 5 is a picture of the Lai property from the road right in front of
it, and its just to show that its an undeveloped property as its right now. And, also, that
particularpropertyisnotonanytypeofthoroughfarethattrafficwouldgoontogettothe
proposed bed and breakfast site. Its directly behind our house and its not a through street, so
nobody would be going along that street to get to our house.
Exhibit 4 is a petition from, signed by 15 property owners in our area, owners of developed
properties, indicating that they support the proposed bed and breakfast as alternative housing for
visitors in East Hawaii without creating any impact to the area. And those are the exhibits that
we had submitted originally. And Im not sure if you want me to address what was submitted
this morning at this time.
GRAHAM:I think -.
ROBLEE:It doesnt have anything to do directly with Ms. Lais contested complaint.
GRAHAM:Could you just summarize for us maybe what the issue was and where it
stands?
ROBLEE:Yeah, what it was was the State Department of Health, the Environmental
Health, in response to the original application for permitting had sent us a letter requesting more
information before they could comment. We responded to that, and then we continued to supply
more information. They asked for a site plan which we thought they had because it was part of
the initial package that we had submitted. So we sent that back to them along with some
additional information that we were able to locate when we bought the house, just showing that
we were approved for five bedrooms on a septic system. And we have no intention of, and
theres not going to be any more impact on that septic system than, you know, the original five
bedrooms. And itll probably be less because occupancy is, of course, not full time.
GRAHAM:Thank you.
ROBLEE:Youre welcome.
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GRAHAM:Is there anything further youd like to present at this time? You will get a
chance for like a closing presentation in a little bit.
ROBLEE:Okay, thank you.
GRAHAM:Okay. The next party would be the Intervenor, Ms. Lai; and, again, shes
not here. Mr. Torigoe, should I summarize the issues that I see that she brings up, should we just
sit and read them, or should we just move forward?
TORIGOE:Well, it being a contested case, I would suggest just pointing out to the
Commission, making sure they know where to look and allowing them to examine the evidence
that has been presented. And if they have perhaps questions that theyd like to address to the
parties that are here related to that, then that would be appropriate. I wouldnt want you to be
necessarily, you know, summarizing it for -.
GRAHAM:Okay. So we have, in that regard, we have from the Intervenor the
exhibitswhichwerelookingat;andinouroriginalmaterialthatwereceivedfromthePlanning
Department which I guess is also the Planning Departments exhibit today, we should have
correspondence from Ms. Lai. So, Mr. Torigoe, in regard to that, would it be appropriate for the
Commissioners to ask either the applicant or the County any questions regarding the content of
that material or just locating that material and understanding it?
TORIGOE:I think if, yeah, if you have questions that you would like to ask relating to
the factual matter thats in these exhibits, I think you can address it to the parties.
GRAHAM:Okay. Commissioner Iwashita?
IWASHITA:Just for the record with regard to the submissions from the Intervenor, Id
like the record to note that I have reviewed Exhibits 1 and 2, the two different letters, a letter
dated September 1, 2006 and October 18, 2006; and I will be considering those in making the
determination.
GRAHAM:Thank you. Other Commissioners? I might want to ask the County in
regard to this, let me get my paper in front of me right, just because I feel like this is an issue
thats sort of central to Ms. Lais concern. It seems to me a central concern is even though I
dont perceive that she foresees large impacts from this particular bed and breakfast, she does
foresee us sort of starting a pattern of approving bed and breakfasts in the area which she can
refer to as motel; and so shes concerned that this could sort of start a trend that would have
serious consequences for her property. So I guess I would like to hear the County respond as to
how that concern, about a possible future trend works into their considerations about whether we
should approve this application or not.
YUEN:First, I think that this application has to be judged on its merits. We have,
as a Department, weve consistently recommended approval of bed and breakfasts if there are no
unusual site circumstances that cause a problem. What I mean is that we would probably not
recommend approval of a bed and breakfast in Waipio Valley, for example. But weve
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recommended approval based on the concept that its not greatly different than the use of a single
family home, that yes you do have people drive in and drive out, but given the limitation to five
rooms for a bed and breakfast that the level of additional traffic is not that different than you
might have in a typical range of families that you have. So we would say that although there
may be other, in some respects its not fair to deny somebody an application on the grounds that
if 10 more people came in on that same street there might be a problem. There might never be
another person come in on the street. There might be one or two more. Weve never certainly
seen a whole cluster of these in any one area, at least not the permitted ones. Weve never seen a
big cluster in any one area. So even, we would say that this one does not have a big impact and
the likely pattern of development. Even if there are a few more bed and breakfasts it would also
not be a big impact.
GRAHAM:Thank you. She also mentions public utilities, like no sewer; and we
already have information about the Department of Health and how the waste will be handled;
andshealsospeaksoffreshwatersupply.Couldyoucommentonapprovingbedandbreakfasts
when theres not County fresh water available?
YUEN:We have, and the Commission has voted approval of many bed and
breakfasts where the water supply was catchment. We have a constant standard condition that
they provide big bottled water available to the guests. Thats out of really an abundance of
caution because you dont want the visitor industry to be tainted. If a visitor does become sick
drinking catchment water, for example, that could potentially cause a bad image to local tourism,
or bed and breakfasts for example. So not with an abundance of caution and not wanting that
sort of thing to happen you make this requirement that they have bottled water available so that
they dont have to drink from catchment necessarily.
As far as the wastewater treatment or wastewater supply, again, the usage is not markedly
different or any different, really, than could be in his home with a family or another group of
people that would be allowed to live in a home. You dont have more people just because its a
bed and breakfast. So that is no different than allowing it as a single family residence.
GRAHAM:Thank you. Do we have any other questions from the Commissioners?
Okay, then since the Intervenor is not here to further her case in any way, why dont I move to
the Planning Department; and we have witness and exhibit lists from you. So, carry on -.
LIEHTEAD-TODD:Basically the Departments testimony on this is that were going to rest on
our background report and the recommendation; and were available for questions if the
Commission has them.
GRAHAM:Thank you, Ms. Leithead-Todd. Do we have any questions from the
Commissioners on the background report or the recommendations? All right. And do the
applicants have any concerns or issues with the background report or the recommendations
that -?
ROBLEE:No, no, we do not.
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GRAHAM:Thank you.
FAY:Oh, you know I dont have an issue. Id just like to reiterate that we do
hear the concern. As far as drinking catchment we would not have any guests, we have bottled
water, we have a contract with the Waterman; and all of the drinking water, cooking water, is
supplied by that source. So we already have done that just for ourselves
GRAHAM:All right, thank you. For the record, that was Pat Fay.
FAY:Yes, Im sorry.
GRAHAM:Thats okay. So I believe at this point, following my script, weve had the
appellants, the Intervenor and the Planning Director present their cases. On my agenda, if the
applicant has any rebuttal witnesses to any issue that came up, youre welcome to introduce them
atthistimeapparently.
ROBLEE:Donthaveany.
GRAHAM:Allright.Thankyou,Ms.Roblee.Sonowwewouldmoveontoclosing
arguments. Does that sound appropriate, Mr. Torigoe?
TORIGOE:Yes.
GRAHAM:Thank you. So well go in the same order with the applicant going first.
ROBLEE:Our closing argument is simply that were not changing anything in terms
of the environment of the house, the land. Were simply using two of our rooms for guests, for
the bed and breakfast. We have no desire to impact anybody in the area; and our neighbors are
very supportive of us, other neighbors. Up and down the road, and across the road, everybody is
very supportive. So we respectfully request that you approve our application so that we may get
started. Thank you.
GRAHAM:Thank you. And since our Intervenor, Ms. Lai, is not here for a closing
argument, well move on to the Planning Department, to the County.
LEITHEAD-TODD:The Department supports the application. In its review, they looked at all
the pertinent issues and felt that this was a reasonable, though unusual, use of agriculturally
classified land, and in part because this is land that is not classified of the soil types that are very
good for agriculture production. Also the history of the property, it already has these existing
homes on it; and the fact that the impact from using two bedrooms is not dissimilar to single
family use. If any of you are familiar with having children and parties in your neighborhood or
Haloweening, that you can have far more impact from a neighborhood who has multiple children
than you could from a bed and breakfast. And so when the Department is looking at these
applications they are looking at, you know, what is that kind of an impact. And so youre talking
about two bedrooms, not the five that are sometimes asked for; and so its a fairly small bed and
breakfast operation. And we think that the permit should be granted.
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GRAHAM:Thank you. So soon we will close the hearing stage. Do any of the
Commissioners have any questions that they would like to put forward at this time to the parties
who are here? The other thing I would like to straighten out is Mr. Burrell gave testimony as a
witness for the applicant but also signed up as a public testimony. So I just want to be sure that
youre testifying as, that was done and you have no further need to -?
S. BURRELL:Yes.
GRAHAM:Okay, thank you. Mr. Torigoe, when we close the hearing and move into
the post hearing stage, we generally are going to, as I understand, our process is to approve some
findings of fact and conclusions of law. Is that going to all come to us at that time? Is there
anything we need to do at this point to be ready to do that?
TORIGOEWhatwevebeendoingbasicallyisifthedecisionisbeingmadeonthe
basis of the background report and the recommendations and if the Commissioners are
comfortable with it, then if theres a decision that is following the recommendation then you can
just, you know, say that its based on that; and then staff will prepare a written decision, Findings
of Fact and Conclusions of Law, based on the background report and recommendation; so, and
then present it to the presiding officer to sign off on.
GRAHAM:Okay, that sounds okay to me. Do any of the Commissioners have any
contrary thoughts or -? All right. If theres no objection from anybody, well close the hearing
at this time. Is that all right? Should I have a motion made, would someone move to close the
hearing?
WATANABE:Move to close the hearing.
SALAVEA:Second.
GRAHAM:Okay. So its moved by Commissioner Watanabe and seconded by
Commissioner Salavea to close the hearing, and then we can move into the roll call from Jeff.
So if theres no commentary on the motion, can we just have a roll call from the Planning Staff?
DARROW:Sure. Commissioner Watanabe?
WATANABE:Aye.
DARROW:Commissioner Salavea?
SALAVEA:Aye.
DARROW:Commissioner Galdones?
GRAHAM:Aye.
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DARROW:Commissioner Iwashita?
IWASHITA:Aye.
DARROW:Commissioner Rho?
RHO:Aye.
DARROW:And Mr. Chairman?
GRAHAM:Aye.
DARROW:The motion passes to close the hearing six to zero.
GRAHAM:Thankyou.So,Mr.Torigoe,nowwereinthepost-hearingstage.Can
we, I believe we can go ahead and discuss amongst each other and have a motion for approval
based on the findings, the recommendation of the Planning Department, or denial based upon
that same evidence?
TORIGOE:Right, its time for any motion to take action, deliberation and a decision.
GRAHAM:Okay. So maybe we can start with a motion for some action, and then we
can deliberate on that motion, and make a decision. Mr. Salavea?
SALAVEA:Thank you, Mr. Chair. In the matter of Pat Fay and Mary Roblee, Special
Permit Application SPP 06-000032, I move that the application be approved per the background
report and recommendation by the Planning Director.
GRAHAM:Okay. It has been moved by Mr. Salavea and seconded by Mr. Iwashita.
Can we have some discussion on this motion from anyone?
IWASHITA:Mr. Chair -?
GRAHAM:Yes, Commissioner Iwashita.
IWASHITA:Just to clarify in the record that my understanding of the motion is that the
special permit application be granted, and based upon the finding that the background report by
the staff is supported by the record in this case and that findings of fact will be drafted in
accordance with the background report and the recommendation, and that the conditions set forth
in the proposed approval in the recommendation will be incorporated into the granting of the
special permit application.
GRAHAM:Thank you. Mr. Salavea, does that concur with your thoughts in making
the motion?
SAAVEA:Yes.
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GRAHAM:Thank you. Any deliberation/commentary? I would just like to say on my
own part as a Commissioner I felt like the key issue reading through all the material is Ms. Lais
concern about precedent and turning into kind of a heavily used B&B area. And my personal
experience in the years on the Planning Commission is that its really not a pattern that we see.
So I dont feel like we should burden this one applicant with that problem, when its not a
problem that we see typically follow. So to me, I mean, Im going to support the motion; and
thats the basic reason why. Okay, if theres no further discussion, then Ill turn it over to Jeff to
take a vote on the motion to approve this application.
DARROW:Thank you, Mr. Chairman. Commissioner Salavea?
SALAVEA:Yes.
DARROW:CommissionerSalavea?
SALAVEA:Yes.
DARROW:CommissionerIwashita?
IWASHITA:Yes.
DARROW:Commissioner Galdones?
GRAHAM:Aye.
DARROW:Commissioner Rho?
RHO:Ayes.
DARROW:Commissioner Watanabe?
WATANABE:Aye.
DARROW:And Mr. Chairman?
GRAHAM:Aye.
DARROW:The motion passes six to zero.
GRAHAM:Thank you.
ROBLEE:Thank you.
GRAHAM:Certainly. Mr. Torigoe, any concluding matters to do here?
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TYORIGOE:Only that there will be a Findings of Fact, Conclusions of Law and a
Decision andOrder that will be prepared, signed by the presiding officer and sent out.
GRAHAM:And that would also be sent to Ms. Lai as well?
TORIGOE:Correct.
GRAHAM:Thank you. And maybewecould get a transcript to her also so she
understands what happens? Is that normal procedure or-?
TORIGOE:I dont know thats normally done but we certainly can do that. Do you
normally send, Sharon, a copy of the transcript?
NOMURA:Normally we dont, but since she wasnt here we could.
GRAHAM:Well, okay, then well let that be. If she asks for it we can do it. All right
thankyou;andthankyoufolks.
Thediscussionendedat2:25p.m.
Respectfullysubmitted,
Sharon M. Nomura, Secretary
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