everyone wants you warm up smith i'm here in support of i've been a firefighter for from how this a personally affected my family as my current position in the valley fire department i understand and support the rules that are in place to provide protection and safety for a community and i also understand that  taking the necessary steps to that they must do to come into compliance i just want to say that i was i support small businesses and their ability to function within our community my parents and younger brother phone and i have seen first hand what the support of the county and state governments can do for small local businesses you can take a business down where it can accelerate its growth provide it with assistance it needs to be the lone not only viable business that will encourage economic growth on our island it can support a business through various transitions so that it can be one of those businesses that help now become known around the world for it's clear that increasing the agricultural tourism is not only on the rise but it's putting maui on the map i'm here to state my opinion that with support kamil can move through the necessary and important steps to be compliant and continue bluff i would like to provide the commission with some brief opening remarks and then provide the applicant the opportunity to present the project to you we have three present patients all of us mike summers to talk about the purpose location and then we have a structural a civil and a postal engineering short presentations for you with a short video  to the chair for deliberation q and a cetera so if this is acceptable to the pure all just provide some opening remarks a thank you thank you thanks the department report in front of us for both a major estimate use permit and a shoreline set back in variance since the entire project will take place in the shoreline setback area the applicant together with the county is bringing this forward to you as the alternatives mitigate that is likely the most environmentally sound choice that will be able to section of the shoreline here and you'll see why the action does require a variance from our shoreline rules and what that means is this action is not allowed in the setback area under normal circumstances unless it meets strict variance criteria which the applicant and the county will focus on in our presentation to walk you through that for your consideration and for your vote and as you understand the shoreline protection can come in different forms ranging from doing nothing  but through the environmental assessment process we examined all of our options and this project did in the exam and twelve different alternatives and out front here so five alternatives were brought to the design stage these are the five most practicable alternatives and they were examined looking at three different criteria health  safety the impact to the environment and also impacts to the neighbors so each of these alternatives were developed to a conceptual design phase in order to find the best practicable solution for this very difficult situation that we have out here at the coastline which will present so the preferred best practical alternative will be presented to you today because that was the result of the environmental assessment process that was completed  the preferred alternative has been reviewed by the state and federal level as well as the neighbors have the variance in the s m one permits from the county are the last remaining environmental permit reviews required for this project allow the applicant the engineer to describe the project meet the location and the sign of the alternative we have a short video giving you the location of the shoreline here to give you some context and the presentation will conclude by myself analyzing each of the required environmental review standards and the criteria required for the variance so all go through them one by one so you can see how it meets the variance criteria then at that point i'll turn it back over to the chair for q and a and deliberations for all of you so to end my opening statement the planning department and the state department of land and natural resources believe that the project will have added benefits to the shoreline in this area because there is a large component of debris remnant debris removal that's in the shoreline that's very dangerous and has been dangerous for a number of years you'll see some photos of all that so this the action prior two the protective structure will clean up the shoreline so it's all combined into this permit and the shoreline cleanup has been reviewed and approved both by the state as well as the us army corps of engineers so that concludes my opening remarks and with your permission mr chair we're ready to proceed with the as well as the and engineering team that will each do short present patients so i'll turn it over to mike summers mr chairman members of the commission i just want to thank you for being here today to review this important project and my name is mike summers on the land use plan or president of the planning consultant why our firm was retained by the r droplets family pear and process the environmental assessment conservation district use permit special management area permit and shoreline set back variance for this project and the audience today we have an equal or droplet nico is the owner's representative his father owns the property and as jim noted today will be giving a power point presentation this will be our third presentation to the planning commission we presented a draft january of two thousand and fourteen to the commission and in january two thousand and fifteen we presented the final today's meeting was not to amend the need for this project the proposed engineering medication instruction phase be m p s and the results of our coastal engineering evaluation today we do have our entire full team to help with this presentation and address any questions that you might have so we have to marci a aaa structural engineering his or structural engineer and ashley a tunnel with a tunnel engineering issues or civil engineer and fight only an ocean and who along with his colleagues prepared a coastal engineering evaluation  so this project is located at four seven five hundred a highway a lot area of seventeen thousand five hundred eighty one square feet there's an existing single family residence and ohana you know on the property the zoning is now why are we doing this project and what don't we like about that picture aside from the irrigation line this is a very very dangerous situation you have a concave bank that's about eighteen feet high that has eroded approximately twenty eight feet it's very very unstable from the top of the property presenting a very clear risk to the owners of the property and it's a very significant safety concerns of the folks who walk along the speech so it's a it's a it's a risk to the private property owner and it's a risk to the public now over the last several years as property is eroded about twenty eight feet but that in perspective about fifteen shoreline that also propose or present a very clear rest to the public and it significantly hinders access along the shoreline and you'll see several photos that thrive that as i mentioned the sed project the first aspect is to remove the shoreline degrees that are along the front front huge of the property and this is actually a requirement of the state the state will not allow this project  with out removing the encroachments on the property that's the first part of the project and the second part of the project is to construct a hybrid reed that meant retaining wall to protect the property further ero and this was a planned view of the subject property and he sensually you can see where the erosion has occurred along the shoreline you'll see the property frottage on the west side and on the on the west side of the property will see the and this is essentially the area that has eroded most severely and again you can see the breeze along the shoreline that big piece a remnant the breeze there's a tunnel underneath here that people are forced to walk into the irrigation line all the a scar on the subject property next and this was looking makhaya are i'm sorry malka end of the property this picture was taken about two and a half or so years ago and this area has already fallen onto the shoreline this was no longer there it's part of the rubble x now this is essentially the remnant the largest piece of remnant shoreline to breeze that exists and essentially if you were to walk along the shoreline you have two options you either walk along this side of the run that piece or you walk underneath the piece between the embank x and this gives you some perspective of what that looks like this is your current shoreline access and essentially you're walking right underneath that tree that's about ready to fall  and so this is looking to the east this is with our project team and the county planners and as i mentioned this is no longer there this is already eroded you'll see the remnant the breeze and you also see along the whole my property which is the neighbor to the east that's pretty significant placement of boulders provide some level of protection for that property and this is looking kind of on the west side of that at the area that you would have to walk through the course along the shoreline acts of these are those remnants stairs that would be removed again looking at and this is august second two thousand and fifteen and you can see that this portion of the property has migrated down to the beach and it's probably now in the ocean next and this was just  a couple of weeks ago we have the rest of the tree essentially all land and it's along the ocean and you can see the red cell to the ocean right here and i'm sure this is now contributing to the siltation of the bay x now this gives you a pretty good perspective of the existing shoreline and mission along this coast and what i'm going to do is i'm going to start from the east and go to the west  and here's the subjects property and this is the a my and this is the palmers so working from the east you have essentially large boulders that have been placed along the shoreline provide protection engineered they are an engineer and they provide some level of protection along they are droplets property you have the failed sea wall which is then undermined and that end of this property is now exposed to the ocean and that's why you're seeing all this erosion in front of the goats one property you have an existing retaining wall along with the place boulders and then to the west of that you have the beach next and this is what that condition looks like along the shoreline looking to the next now this is actually a very important feature of this section of coastline this is a a little cool a little channel and it's important because it provides a safe place for people to swim it's directly in front of the property and the goats and property and it's also an important entryway into the surf for surfers so this is something that you really do not want to impact you want to try to maintain that you've been very cognizant of trying to do that and this is looking kind of at that channel  from the beach and essentially what surfers will do is all paddle through here and then they'll find their way out and this is how big again this is about one hundred fifty feet to the west of the project and this is looking at the area this is the entrance to that little channel and essentially to get to the property you walk and you can see there are a lot of stakeholders we have a beach user right here like the sunshine play not getting you can answer and here we have our shoreline conditions you can see the palmers and the and by the way this the the end part of this video that we shot on the site occurred during a very high swallow event not the highest we've had this year but a pretty significant event and to get a perspective of the shoreline here tile roughhouse of the folks who live on the property and exist again you can see how dangerous this might be the tide is very high irrigation lines gone now this is gone in the ocean again now we have a surfer that's actually going through that channel so you can see that this is a really important place which is you know i mean it's a really really important  ok i just want to quickly touch on some of the milestones you know these are very important when this project came to our attention you know i asked myself do i really want to get involved in something like this you know it's a very very complex challenging coastal project you know it's one that a planner would be a little bit concerned about so i such really before i got involved i said you know i want to help the planning department staff here i want to have them meet with a coastal engineer and i want to have the property owner i want to look at this condition and see one this project in the public interest planning departments perspective and to have a project that we can  project where there might be a solution or three is that a project that can get through the regular us permanent process those are really kind of the three goals and we had that meeting on the site on the vendor sixt two thousand and twelve spent three years ago after meeting on the site the team got together and we produced a number of alternatives for the project that we met with the plan department went through those alternatives  and then on may sixteenth two thousand and thirteen we ferreted out a preferred alternative and we met on the site to discuss that alternative and review it with the staff in the engineering told them we presented the project you in reviewed the project their issues and concerns and regulatory requirements we then finalize the a and met with the folks who gave your presentation down upon the determination we've been mailed all the neighbors within with the board of land of natural resources october two thousand and fifteen and were granted a conservation distribution permit and then we got a jurisdictional determined determination from the army corps on november two thousand and fifteen and today is march proceed with this project if it was going to become another remnant scatter plot of to preserve the block access a great safe so this was a very important objective we wanted to try to have the most minimal impact to the neighboring properties didn't want to exacerbate their situation we wanted to have men minimize the visual impact on food on the shoreline we wanted to enhance lateral access along the shoreline and we wanted to reduce the impact of coastal water quality and one of the project benefits especially this project if built will stop erosion along the shoreline elect dress to safety concerns for the property owner and the public it will mitigate soil erosion in the near shore waters and along hance lateral access along the shoreline and the preferred alternative and as jim mentioned we looked at twelve alternatives everything from the no action alternative to shot creating the bank and seawall relocating the structure and this was essentially the alternative that rose to the surface because it's a very durable structure with a long life span it's a sip it takes a wave energy it doesn't reflect the wave energy back into the coastal near shore waters it reduces the amount of excavation along the side of your property line and provide is the one that works structurally as well as environmentally it has been to the minimum negative impact and then on top of that to even minimize that we combined in a retaining protect stay at the property subject property it deals with the energy that has to be dissipated in order to minimize the impact  it gives the same appearance as what the other two neighboring properties have boulder like and it is permissible that so far has been  this is the plateau at the bottom which provides a relatively safe means of walking along the shoreline then it has a sloping section that situation on on this side but for clarity we didn't show it in order to make sure that we don't do anything to the property obviously we can all go and excavate or we have to and right now this this this that that part is solid because we want we don't want the water to go there and erosion and that's probably the main purpose of this in other words the main purpose of this and well and th from the neighboring agency so we don't have that much of it and we're not doing anything to disport of the hole so we basically took every measure and we included everything that we could to minimize the impact of the for the machinery which will consist of route hole and on each side or have a bio sock with berms to prevent or the goal is to prevent any runoff or discharge from getting into the water here so which is a term for basically cliffs caused by religion to the on the whole keeper side is the my property and on the pi your size equation properly here is that important reef feature emerging restructure and the channel in between and over here we have the beach which i grew up knowing as  to this is looking back nine hundred sixty one nine hundred sixty you can see i'll go through all these historic images just really quick but i want you to rest on notice that in the sixty's we had a real prom and if you notice here there was a sliver of a sandy beach right up against this question i'll also take a look at this vegetation right along to our speech and as we go through history the next fifty years notice how th now looking at the wave patterns the wind patterns in the area it's a little hard to tell from this slide here but this is known as a rose and this is the wind rose this basically gives you the frequency  of the winds so this is telling us that most of the time and now we were getting northeast winds no surprise to those of us a little mix like this is giving us now the frequency of the ways so this gives us wa this roeser here gives you curious and wave period is an indication of energy so the more red and purple colors these are high energy ways so high energy ways cause a lot of erosion so we're getting a lot of high energy shallow reef on its east and on this whole keeper site and this six foot that way out here offshore from our property is breaking these waves as the common approach the shore from the northwest and the northeast and what's this doing is this it's blocking these northeast where winds and waves and so when we think of northeast winds we think that what's happening is the water is coming and it's moving from hope people don't to louis and as it's doing that it's taking sand with it but because of this reef we don't have that large effect inside this bay but what we do is these north west swells have this nice spruiker here that they can get into the bay and this spot right here and it goes into this twenty foot and this basically approaches the shoreline here so this b s really is design fashion by nature that is allowing it to really a road on these northwest while events acts like so considering this understanding of how the shoreline is reacting we the shoreline to an extent where we see the big scar is right here with this gap between the two koreas so this is allowing most wave energy here and it's really to stand into the big now the proposed plan and then these two side walls to contain the neighboring properties  and prevent erosion on the sides next slide and i mention that because this erosion the sky is progressing at a rate estimated at about half a foot per year and this is not going to stop so we look back and we see that this is a chronic corroding shoreline this is crimea will continue to deepen and widen and it's important to note here that because of the shape of the bay that the currents affecting the property at the drop of this property and also to buy property there on shore offshore so these are not long shore current launcher currents would run along the coast like this i'm sure our show are going in and out in and out of the bay and what that means is that what you do on the neighboring property isn't going to have a significant impact on the next two o'clock because you're not influencing the current t ransport down the coastli that they'll be significant in war thinking effect but it is important to note that as we've already seen in this photo was taken just a couple weeks ago i believe this is taken on the day of the cal contests so we had a large large event but this is scrutiny is beginning to enter provide little protection for that and they think  ok as i mentioned you know we kicked off this project in two thousand and twelve and sense two thousand and twelve we've actually sent this application in a variety of format to our state county and federal agencies on three separate occasions for agency the most significant comments came back in the draft yet and they were addressed presented to you in the final i think we had generally strong stance against hardening the shoreline in this instance the driving issue is not to protect private property at the expense of a public resource but rather to stabilize a slope in order to create a safer beach transit corner to reduce the amount of sediment washing onto the reef and near shore waters and to for what i like to do actually offer the chair to turn it back to you this is part of the analysis i can do this at the end with the recommendation since we've been going forty five minutes if there are questions and everything is fresh and minds i go ahead please identify yourself you have three minutes thank you for this opportunity to speak i'm a thirty plus year my name is preaching your karpowicz and i'm a thirty plus year resident and i own property on this and it seems to move that it would be prudent to ask these folks to join hands with neighbors including kala how each and do a more inclusive plan which might lead include annual beach nourishment this body is wave energy dissipate or deflect to the next unprotected shoreline area including color how beach and this is my concern is that the adjoining neighbors will be impacted and then what do they do that color how beach will be impacted by greater erosion and then what will we do and so what i'm asking you as a body is to address a larger plan which includes a little bit more of the shoreline and i've walked the shoreline a lot and there's lots of per minute and unpermitted structures some of which have resulted in actually some pretty stabilizing effects and others have totally eroded the neighbors and i applaud the extensive work these people have done i mean it's stellar but i still worry about behind those  all the science is in agreement that handling shoreline conservation erosion issues on a lot by live basis is antiquated and from the statement made here today obviously there is going to be a single way for all the rainwater runs through the parking lot right on to the beach and you can see the erosion occurring just on a daily basis after a big storm down the the runoff is also a danger and the county is going to end up getting property i'm very concerned about the depth of how much this lot is going to be cut back it's only thirty to forty right on the border of the neighboring property it's a lot of concern what if a big storm happens during the process it's unlikely in the summertime but we do it we do get storms in the summer still i live on the poverty for nineteen years of a different nineteen years and i'm also from mill year with the effect of what's been happening we don't have so many people along the shoreline walking any longer   that they're asking was to remove to be able to get a truck down to remove the debris and if that is indeed a the major reason i have to kind of stand out against that i want to thank m thirty foot cut back that i'm concerned about and we've been told that it needs to be done to remove the debris from the staircase and for the revenge that we've had in a while and i recognize the safety concerns but i don't feel that cutting pack a lot to this degree is a good idea and i just have to wonder if there's a better way to achieve this possibly leaving the breaking down the debris and leaving it in there and utilizing what's there i'm concerned  i'm really concerned because no one can really can fail what might occur during the process of land flails removed and how much it could affect it for him my property and i'm really concerned about that my property will it will it eventually will it prevent which is next to the hard drop of one of the problems that we're not looking at is a few years back a developer bought the house next to the blue tie a rope house extended all the way up to the coastline without permits got knighted the sea wall in front of the place holder for a couple million dollars and the county finding fifty thousand dollars of which is kept out of rope attracts but you better go out and look at that place again because right next to the blues rough house it's caving in more than a drop of this place and it's about now it's about ten feet from the corner of that house so what you're going to find out how you're going to look at the drop was property and the next thing you know that house next to property together but if the surface surges coming in and it's washing up behind these walls then it's going to start eroding those a lot of those lots that are adjacent to it that have been prepared as well as there will have been prepared so i don't know i think you better have another look at what's going on there right next to the beach and if you look go down to the to the beach and look at the boot river where they've poured their foundation and put their wall on top of that now it's all exposed and it's all falling right into the sand so you know i don't know i certainly know that i want them to get their property fixed and i want to not expect them to mind because once i started seeing the home i live it gets and behind things and one of the other things i didn't really get is wanting to remove the concrete concrete spin and the amount of shoreline since the army was here porn porn concrete for gun emplacement from whatever there pinpoint to date but that's what the engineer and in those days did and it's held up fairly well i don't understand why we can't continue to use the large available stones because the plantation strawn out of business and there's plenty of that material available in the fields to purchase out and i'm sure they give us a deal on it as well so thank you is there any questions for the quest early sixty's well there's a lot in the future we saw in the yeah well i was there was just starting to it was just repaired because it was there it was just starting all the answer when we got it we looked at what had to be done there was nothing over the top that was all on the on top of a lot which was there by it was starting to fall apart and it was always like like this high up so when we built the walls on the property we had  to close jim we can get your recommendation thank you what i'd like to do is provide some analysis and findings before the the recommendation all go through these quickly all of you are very familiar with the at the may evaluate of ri not the finding is it does not there will be a sh t t monitored during the project and there really are no other it is confined on the property so there will be no  of material here significantly curtails the beneficial uses of the environment it will not curtail the use of the environmental actually improve the lateral access and the enjoyment of the shoreline in the area conflicts with the county's or the state's long term environmental policies and goals of those not as documented in the the staff report substantially in the anomic or social welfare and activities of the community county or state there is no population increase so that there are no real impact for that involves of of how the actually the longshore current is not affected ways come in and out it is fairly isolated the waves through the symmetry and the impact on the shoreline so that it is isolated to the property so there are no long term major path substantially effects are rare threatened or endangered species or animal planet earth habitat there are very good that's management practices that are included as a condition espoused by the national fish wildlife service that we've included there are no shor birds or it is not a nesting area for the turtles in the area it's not contrary to the state plan general plan appropriate community plan zoning and ordinances it's consistent with that tremendously effective air or water quality or ambient noise level there will be b m p for the air and water water freshwater opposed to waters the appropriate design and construction medication measures have been taken into to avoid to minimize any impact of the environmentally sensitive shoreline area including the the channel it will help prevent the clay from continuing to erode into the ocean further protecting the reef and the coastline the bank lee alters natural land forms an tie in fully and it is consistent with the coastal zone management objectives and policies of which there are ten which are in the staff report which i will not go through at this stage so those are the  a criteria here there are six criteria for the variance and i will spend just a moment going through these there are hard to conditions where a this type of activity are allowed by our various roles they're under it's a b c d e and f a seven and nine there are certain criteria and this meets two of them that it is a private facility or improvements that are clearly in the public interest and then nine is private facilities or improvements that may artificially fix the shoreline provided that the commission also finds that shoreline  shoreline unless it is clearly in the public interest and i have some bullets on that there is a small four hundred thirty two square foot encroachment into the state jurisdiction that has been permitted by the conservation district use permit and the state and the reason for that is to tie in to effectively tying into neighboring property that's the only reason for it and again it has been permitted of there need or appropriateness of shoreline setbacks to avoid coastal hazards the situation is unique in that a water based public access point from the property in the current situation presents a public health and safety issue because t release of the plate sediment to the near shore environment is that verse the coral growth water clarity and reinvention natural features in the falling debris are dangerous the proposal is a practical alternative design in concert with the shoreline environment and coastal hazards that a sec the property so does not take the rules and who does not question the rules at all but it is a unique situation the third one is before granting a hardship variance the commission must the applicants proposal is a reasonable use of the land because of the dynamic nature of the shoreline vironment inappropriate development may easily pose a risk individuals or to the public health and safety for this reason the determination reasonable this of the use of the land should properly consider factors such as shoreline conditions erosion surface flood conditions and geography of the lot i think dr foley did appropriately is the it reduces the public's exposure to harm in this region the fourth criteria are for purposes of the section hardship shall not include economic hardship to the applicant and other conditions there it is not or just due to the applicant it is and effect basically from the other properties not caused by the applicant and so the proposed action is not the result of a discretionary government approval additionally the hardship is in the situation would be from exposure to the negligence to reduce risk liability and potential injury  hardship exists from the continued degradation of the near shore marine environment from place sedimentation fun abated rather than an economic hardship to the property owner and just two more no varian falling coming loose rocks or rubble on public property to minimize adverse impacts on public use to from and along the shoreline and to comply with both the flood hazard development  districts and erosion imitation rules of public for and finally the fourth criteria is not withstanding any provision of the section to the contrary the commission may consider granting a variant for the protection of all structure or public infrastructure provided that the structure of the risk of damage from coastal erosion poses a danger to health safety and welfare to the public and is the best shoreline management option in accordance with  relevant policy on short shoreline hardening the state policy on shoreline hardening basically they are against shoreline hardening of mike did read that quote from the the conservation district  permit that this is an exceptional case where they do agree with it so it is a unique circumstance it does not involve a threatened structure or any of the structures  so in summary the proposed action conforms to shoreline variance criteria a seven and a nine relating to her miscible shoreline hardening given the exposure of the shoreline to close all hazards and its potential adversely affect public and private amenities hooting near shore access to recreational sites the proposed action is a reasonable use of the shoreline and an appropriate management strategy to address sites the shoreline issues the proposed action is an acceptable remedy at it here's the goals in effect as a shore line rules for the most planning commission and the boy coastal zone management act so those are the findings summary of the findings ok we'll call the medium to order jim you have to be more thank you chair or i'll conclude here i'd like to add one additional statement all summarize before the recommendations for very quickly the conclusions of law and then give the recommendation of the department just want to additional finding for the record is that we are at this location we are not affecting a sandy beach or the neighboring properties and those are key things that i think we've stated over and over there really is no opportunity here to replenish the beach out in in front it hasn't had a beach in a long time and it would just be too difficult it's not a good opportunity it's not a good location and i think the the engineer the coastal engineer did say that the project will not have detrimental effects on the neighboring properties because of the how it will be constructed so as far as conclusions of law regarding the shoreline said back variance the fee sure one setback variance application complies with the standards and criteria for the development of the shoreline he said bacteria as set forth in chapter two of five your shoreline rules as well as chapter two of five a as amended and has written up in the section on staying county shoreline rules detail and i do have one since corporation counsel is here and as always here i do have one correction to the conclusions of law on that first page there in the in the green section is that the it complies with and as far as the recommendation in the planning department recommends approval of the special management area use permit and the shoreline setback variance subject to the following six standard and fourteen  projects specific conditions and each of these conditions there are six standard conditions which are before you i will not go over the standard conditions project specific conditions number seven is that of the says faction of the department or the state historic preservation division that all ground altering activities will be monitored  number eight has to do with construction there are three from the department land and natural resources office of conservation coastal lands one has to do with construct number eight has to do with construction crews and the b m p as they will all be briefed on how to conduct the project number nine has to do with the flood hazard development term it actually one is not required for this project number ten has to do with  no artificial flood flood lights out to the ocean number eleven is protection of the aquatic environment while you're doing construction making sure all the construction the construction just on to protect all the any protected or speak endangered species number fourteen is again is regarding the department of land and natural the debris removal best management practices fifteen and sixteen hour department of health national pollutant discharge elimination system permit may be required department of health number sixteen is the  measures seventeen has to do again with the remnant removal remnant debris removal having it done during the spring and summer months at low tide when the waves are at minimum eighteen is having a good solid waste management plan recycling materials that is department of environmental management to properly dispose of materials number nineteen again is the department land a natural resources c c l is requiring that the state certified shoreline be completed after the debris is removed because it is an encroachment that has to be taken out so on after the project is completed and then number twenty are the mandatory five conditions that are part of the criteria for proveable of the v number twenty eight through the i won't read through those i've already read through those so to conclude in consideration of the foregoing the planning department recommends at the mo planning commission adopt the planning department's report prepared for the march two thousand and sixteen meeting and the department's record ation report prepared for the same meeting as its finding of fact conclusions of law and decision we have built a couple of field do you have that information you know i don't have that available to myself but we do have shoreline experts in the audience from the planning  basically retaining walls that don't go down to the ocean and they're doing ok but this is really the first engineered that meant that i think is being brought to  the planning commission the since two thousand and three since the shoreline rules there are many sea walls around the island old ones history of this type of what this type of oil and you're seeing that we don't have a history of well we haven't permitted any ok giving is a permit history i'm unaware of other  other similar type of walls maybe i'm just i'm just trying to get out of these walls right because i don't know if we want to be a guinea pig so some history if we're going to put up a wall like hybrid hybrid means a combination of two different things as far as each individual parts of those components that make the grid we have many many centuries of basically performance you there and has performed well it benefits of the structural support system and added benefit of dissipating energy as much as possible thank you commissioner d it was put in about fifty years ago and ninety nine percent of the time you don't know it's there because it's under the sand it has something it's protected  well i'm sorry could you repeat because i understand there are certain things the e u can't they cannot do because if we could come back and basically replicate or duplicate what they have we wouldn't be allowed to do so bad as my bottom line i cannot come back and reconstruct what has been your road it to to today extent that it would come for me to other and if you look at the shoreline along the line you'll see the same i'm going to follow up with a commission lease question so we're going to need to focus on one property in your wall yes but we also take into consideration is mr home my next to him is when is when when the shoreline starts to take away his property has it done everybody else's and he's ready to build a wall will he be prohibited from from building a certain type of wall which is a street retaining wall because of eliminate or reduce any options for them absolutely don't they can go to whatever solution to their engineers their plan is come up it and as long as they are allowed by the commission and the rules and laws we are not eliminating any possibility is that concrete going to be removed i leave that to you that's a have an excavator go down there to go on the shoreline oars are going to stay on top of the property and pick up and bring up a big question on the construction timeframe and the contingency plan for superior weather event yeah we have been very cognizant of the fact that we want to avoid the rainy season and the highways so we would like to think that we could get permits by the middle of july and the destruction  be expecting it might be sixty to ninety days call it all or is that just a solid surface meaning there's a back or so this is the this part is solved it and then this is basically beer the entire thing would be from here going back and coming in like a you get it and the other part which makes the other leg of it is hundred eighty seven but i see here it is it looks to me like a manmade structure jutting out there and i'm also noticing a little bit of a new rose in scar right here so protects these properties from the northeast in the northeast the traditional seas we call them that you get from all of our lovely treatments but when we get these northwest was the way of the beers form the symmetry it allows a lot of energy to come into the bank some of it big so i'm not sure if you like comes through and when you look at the direction of the waves and the orientation of this coastline these properties here they they are really exposed so they're getting the brunt of the energy on either side on the headlines you know get as much so these will be our most exposed properties and the structure as it's designed it's basically intended to retain the soils and to stop this aggression sky we don't think that there will be a significant impact of flaking the way it's designed it's reflecting energy inward into the armory that they're going to be constructing so it's going to mitigate that energy and basically absorb it on to the the  if you don't do anything eventually this struck me it's going to widen and it's going to start to eat into the surrounding properties it's going to keep going back towards the structures and then it's going to go behind can you please go back to the drawing that we had we were looking at the handwriting property here with this coconut tree has recently fallen in and ironwood stop and fall in an infusion looked out into the ocean side you would see on this side there's a surf break and on this side over here there's there's that in the middle there's there's not much there's not much rocks there's not much sticking out to stop the winds so really the job of this property is getting hit head on by a lot of a lot of this northwest energy and what happens is as these waves approach when they impact into the boulder slope but then as they impact we you know these are fronts moving in and as they approach th it's protecting the white pretty currently we have a field see what you call this slope it could be impacting and making this problem a little worse for the job of this property at the moment but once you come in and build the structure in any wave energy that hits here it's going to reflect so a portion of the energy is going to reflect off the wall some of some of it will go up and portions go out and some goes back but the way this is designed it's going to reflect of course on a portion mostly in this way will be a fraction going that way but the orientation of that angle makes it most  my opinion to stop any sort of flaking on this side and keep in mind too that thinking is also mitigated partially by those the borders what happens to the the water and the waves coming from the opposite side  that north east where your energy if we could go back protects this bay from the north east the prominence you know when swells now when swells are a problem for no you because they're so constant here we have so much wind almost every day we get these northeast winds which produce a lot of weaves in this cause a lot a lot of erosion but the way that this bay is formed by nature we have this it's nice to see shade and it's blocking all that energy so really the only north east energy that you could get would be energy that's generated inside that bay from the winds and that's just not enough fetch we call it your question absolutely let me let me just give you a little background to answer your question if you don't mind so i actually did my ph d dissertation on this topic on looking at  artificial or manmade restructures built out of concrete or sand filled materials and looking at how that would change we've propagation patterns as they approach the coastline rise is a big component to the problem and the issue is i mean reefs we break because of grease or they break because of changes in but then the tree so it's not friction that creates ways changes in sea so we break because the sea floor comes up through an elevation and you can think of it as a one to one ratio a six foot wave will break in contributor to the shoreline loss so we're experiencing because even this five inches it could be having a pretty significant impact well one thing we could do for me engineering perspective is come in and build artificial structures or manmade structures maybe concrete to fill in some a big gaps in this topography and let me say we have looked at this not only from an engineering perspective but also from  we can build these structures to be ecologically beneficial to provide coral reef so we can make these and we environmentally responsible managers and this is something potentially it's worth the cost of communities exploiting as another option to solve some of these  it's not part of the ocean so that would be if they brought it back to the property line or be on the property at their it would be in state waters so they're forced to pull back do we have a motion but in this particular case each individual property owner has to protect their own property which is what and i think they provided a lateral axis along the shore natural borders you l in four years you won't have a problem caused to house because we sure do a show i agree with commissioner has dani i wanted to tell mike i've also listen to your presentation i think you've done a really good job getting together a project team and maneuvering through a very difficult process and i hope you have an expedient process in gaining your building your permits thank you  things that are occurring to our people you know you know for me i'm not sure i don't know how you could ever go against it's a very strong opposing force and i'm glad that you guys are working on to see what we can do to try to help at all i personally like the drones whatever you bring water to but that won't work i'm not sure because the ways are just too big applicant but someone involved in the process in a permit request a few years ago and sometimes when somebody goes through an expensive process they successfully navigate it they think everybody should come in for comments so that's what happened in this case  in this particular case had already been contacted by the applicants for my manager about obtaining permits so when they are posted come in and the n o w was issued really lit a fire under the applicant but they were already pro slavery through so they were able to file their application and a very short time after that happened so that being said this is the first application that the department has seemed with this level of support for mocha neighborhood and also from the larger community and today there have been two hundred thirteen mentors to support including nine spoke aided within five hundred feet there been no protests at all so before i turn it over to the consultant jordan hart i do  for approval to the council on conditional use the time that the applicant miss sylvia hamilton currents here today the project is located with the state county city planning a district as you can see the project is surrounded by single family under cultural residential type you see this is a tax map of the projects this is the state land use this district ma this is the historic mill structure itself and this is the evidence residence here you can see the location of the relationship between the africans residence in the bill up of his people to monitor events very closely just by the distance of residence to the event occurring this is a photograph of the right a lounge right next to the mill structure for accessibility these are elevations of the same structure and the floor plan this is the main farm dwelling it's a basically across from the right a lounge on the project site it's not part of the request for the application this is a it's to be function as a so the requested uses is primarily for weddings and special events and is requesting to conduct one wedding or special event per week for a maximum of one hundred fifty guests that would end by ten p m it's normal practice to provide not to provide but to have the guests prepare their own right service to and from the functions that's the good of regularly in the past the applicant has worked with special event that is being also asked for and that would be for functions that would be similar to music performances at a bit of events film screenings good to have the same criteria as far as  scale and timing of the wedding function uses in the area are agriculture and this proposed use does not negatively affect the surrounding uses as mentioned by the our stock plan or this project has received significant letters of support from general community members as well as  support from the immediate neighbors within five hundred feet their criteria is whether or not the a proposed use would have been reasonably heard in infrastructure and services and we did go to the agency for comment process and it was determined that this is not an unreasonable burden the project site is already developed as a residential use so it is already served by water this area who does not have sewer so it's served by septic systems has electricity cable telephone all of those normal things that you would need well as a public roadway and then unusual conditions and trends that are occurring  in the past maui has been primarily an agricultural location but as it's emerged as a visitor destination the desire for destination weddings has emerged and so there's been a demand for what he locations and so agricultural parcel to the traditional farming context it is as i said it is used since leveled by the applicant incorporated into the operation but it's not the location for commercial farming  reuse of such features and for this purpose we feel that it's appropriate in this location for this proposed at the conclusion of the presentation at this time we will open it up for public testimony anyone wishing to testify at this time may do so before and for the past ten years a focus on just a nation wedding i currently provide work for anywhere from one to ten boys at a given event i'd also like to mention that i am here to support sylvia hamilton  cycle mill has been the most inspiring venue i have designed for in my career and is elevated my business to a completely different level to see the look on my clients faces mainland international like when they do this is stor priceless their eyes are wide open my sense is that long lasting connection with maui has me through their experience at the hiking the photo if you are looking at represent an event designed for a while who basically who were wanting to honor their designs a local consolidator this one event and employee not only my staff of but makeup artists photographers videographers caters hairstylist custom bar service exclusive rentals and shuttle drivers not to mention the hotel accommodations for one hundred fifty guys so all that entails as you can see by the photos the event was stunning and as i understand beyond your expectations game part of this amazingly creative all on has been like no job description and they will do whatever it takes to produce a flawless event this collaboration has created a venue which has received a worldwide recognize the attention to detail that michael moore one of the creativity of the fine tuning of sylvia her is unmatched in these islands friends of staff vendors and her passion for this historic land and to speak personally for a moment if i may the loss of haiku knows a venue will have tremendous impact on my personal finances though it currently represents approximately half of my cocktail catering for a boat cocktail catering company that creates fresh cocktails using only local seasonal and organic ingredients business started or i took a leave rather because of the support and encouragement was trading because of the level of clientele i kamila track that my business was set up to surf in late two thousand and fourteen we started another wedding really the need to service this start sixteenth that they could expect fifty percent less chips for me than they had in the past last week i laid off my only office employee it is not only the employees of my business that are being colleagues my family and i'm here to express my strong support for a business that is bringing this industry to a whole nother level and i think that it was said by trieste there's you know there's no one else doing anything like this in the state of hawaii and very few places that i could list that are doing this in the mainland amount of attention that are attractive to  a level of talent but it's encouraging the personal support that she's given to each of these businesses is significant those are the sort of businesses that i want to work that i want to work for and  i have so many wonderful employees they want to show out and produce events that are what but what's happening right now if i could not so and again thank you for listening to my comments and how i believe stories with media and target audience is what i do and since partnering with haiku mail i've been able to share that story locally and to countless people in markets all over the world who to canada the u s japan south korea australia and of course throw white in our industry success is measured in part by the number of pressures that earned media coverage generates media impressions are going to measurements that incorporate readers watchers and listeners across print on line and broadcast channels that helps us accurately measure the results of our coverage and in a six month span in twenty fifteen at least thirty positive stories and twelve point five million media impressions were generated  the island impulse haul are often featured in some capacity we make sure the high coupons promotional platforms become platforms from our we and businesses so a story about how you mill is a story about the community and this kind of exposure so going to visit now whether you're for a wedding honeymoon vacation or corporate event local business into resume is a whole benefit needless to say losing this kind of exposure that internationally renowned venue brings would impact more than just hype you  in two thousand and fifteen we paid over seventy five thousand dollars in two thousand and fourteen and it was over one hundred one thousand this as well as the g e tax at the venues but it will be a significant loss of revenue for the state of light the revenue haiku mail for the most part goes to the vendors who mostly reside here on maui in two thousand and fifteen over one point nine million dollars was paid to our vendors in two thousand and fourteen and it was almost two million for most of the local vendors that i work with know one that they cannot count on a steady source of income that hike you know creates for their business in two thousand and sixteen and beyond has been a significant source of stress for them and stuff staff cutbacks are unfortunately  venue sylvia also pays higher than normal wages for ma we provide extensive healthcare benefits one hundred percent employer paid to ensure that our employees can live a stable and healthy life here on maui sylvia pays an average of one hundred eighty thousand dollars each year and the only took twenty five thousand dollars in all of two thousand and fourteen to pay her personal living expenses it is clear that losing high kamil would be financially detrimental to the county and its many local businesses and residents but the impact will not only be seen by the local independent vendors but also the hotels the restaurants the rental car companies the airlines and also surrounding islands that host thousands of wedding guests that visit each year to attend the high command i appreciate you taking the time to listen today and i hope my many couples never visit in maui and the only reason they consider bringing all their guests across the ocean is so they can get married and i know my local brides and grooms want to share their home with people they love but they also want to give them a unique experience filled with his history is incredible to see the look on people's faces who have lived here in my haiku and even in wailea all their lives and have never seen i come for the first time i also understand the noise is always a concern but i want to tell you from experience that we are one of the strictest that he was on maui and so he is one of that  often leading the charge in the force at the moment the music is louder than she thinks she is there to tell the d j to get off the microphone or turn it down if i am not there to do the same she is down from our house faster than i can get up there on the ground  to work closely with potential buyers and try to get them to hold their vans saturdays not to interrupt the work week for a neighbor she walks the perimeter of the property during the evening check in music is not too loud and does not allow us for more than one hour and a week since i worked at an incredibly generous spirit and one of the main things that i think it's great to know is that she's these in the world she's just done so much for and for and you can tell that so many of us are very passionate about the hike no just because it's touched our families so deeply and small but also the hotels because these people and places this is the food and beverage for a week you know we can all do the math but for me that's that's it you know that's what i live here and this is where my family's from and you know it's it's not an easy task for sylvia to keep up a place like this we all have homes we know what the honey do list is like trying to just maintain a home but try to maintain something that you can see in the photos what it looks like i really appreciate how many people start time out of their busy lives you know take time away from their kids their families their jobs everybody it was unbelievable how much people stepped out of their own lives be brought toward full potential and the costs are crazy there is well over twenty three thousand square feet of don't in the wall some of those so most of like a hundred and fifty feet long some of them are forty feet tall they're all two and a half feet thick massive amounts of stone there's nothing but twenty thousand feet doesn't include all the stairways and floors and the bits of walls that are just here and there to the walls would be worth it and you know we were able to save all those walls repair all those walls and the walls are just one thing and you know it's a list it's a mile and a half long of things that had to be done to make this property function i could stand here all week and tell you stories but they only have three minutes i can look forward to breaking even in about ninety three years well that's why i say it's a labor of love i'm not making any fortunes here before about ninety three years in the something changes there is a possibility my point is that providing something that is other people say we kind of became here on you know weddings and why is the love of beauty and magic that we can create amongst ourselves so there is something  is you know it's kind of the building blocks of our whole society and i am very proud and honored to be part of it actually several years ago it came and took over the business full time before that i was a pos investor of both money and work but with no decision making capacity there was no way to express how much we're going to take in to treat what's been done and so far until recently i was working sixteen hours a day seven days a week to bring the business where it is today i hope that somehow you will recognize and honor that that represents a significant sacrifice of many other aspects of life because that's basically all i've been doing sure they recommend ever go after jam i always all i can really write ok so the department is recommending approval but how we always do it it's approval based on conditions that we're recommending that you attach to the structure and i did have a question about well why not have that done prior but the building one of the building permits there were some retaining walls it wasn't done by the applicant it was done by a prior renter i don't know that renter owned the property at the time she's come in for building permits for that for the wall but it does also incorporate the use so the department cannot approve the building permit until the actual use is approved so what we've done is we've just tucked it in to get the conditions on the and that would be the same with the electrical permits i know you saw some biting in there but again the use is for use that's not currently approved said just wanted you to understand why that was in there so in consideration of the foregoing planning to transmit said recommendation to the maui planning commission that for the conditional permit for the state land use you would be able to it or you would be able to vote on the actual statement itself with that we will be for questions from the commission director missioners i didn't really hear this i mean obviously this is a cause and destroy property i'm not have a question actually right along those sort of lines is there any place that you talk about the history of the of the property yes there an archaeological study that was prepared and there's a significant i mean just for a guess like what is this place you know not not currently i would say that there is there's a cool of preparing culture or historical botanical tours and so that would be a situation where there would be a lot more information provided as noted earlier there's a lot of information that was collected as part of the archaeological study which which would be the material for that that i would even think that like a plaque would be cool like this you know there was an understanding that things were happening one time and then there was a notice from the planning department that they were not having on time and so actually became involved at the end of last year and so that's kind of where we started assisting in completing the but no no they had been in communication with the department planning on initiating the permits before there was any citation actually but they did in the same time also receive a citation because they didn't complete their permits as noted by the stepladder earlier in the process there complaint filed against the property by a different resident on maui and that initiated the citation process shortly prior to that the applicant had initiated contact with the department to prepare their applications bad you know when the when the applicant contacted applicants former but the applicant bought the property her former director contacted me is that the planning department i told her first you really need to go to the state historic preservation district to make sure they're ok with this readapting use so i kind of sometime down that path first because there's really no point in proceeding at sh he didn't support the use and apparently that took quite some time to work with them as i look back i should have told them to do both things at the same time i didn't hear the question i mean surely i think it's a great project like what you deserved down there i live above the roof above there and i passed by and i've seen the we did receive comment from public works and they did have a concern with traffic safety same with the police department there is a thirty stop parking thirty one stop parking lot and then when it goes beyond that there is a shuttle services that are you so it doesn't amount to a significant amount of traffic because of the management processes that they use and that's also a condition of the approval that they continue to use those shuttle services so that that's been how it's been able to be managed t actually having to do an after the that are met or the mill structure itself not for the mill structure itself there is a after the fact permit for the bridal lounge and there is also after the fact permit for retaining walls and then there are two separate  continue and what about fire protection as fire protection part of the review process for the steel building permits it is in the fire department has provided comment on the building permit applications as well as the land use application so would be complying with the requirements of the fire department one of the requirements that they do have is that they will come in and inspect the site for functions and so that's going to be conducted as well so we are complying with their permits or protection application to the department that was on the warning so as long as they complied and the permit was being processed as we worked our way and it was taken quite some time the department realized we were going to need to actually give them a deadline which we've done  not taking any more reservations sure i think we're we're in a it's a difficult situation because partially because of this but also this has been such a good thing for the community case the wall should fall as a safety is something that we consider it could be considered i don't think that there's a current concern of the structure collapsing at this time there were retaining walls that were built as as noted earlier is not a pretty sight is there somewhere if we can be sure that the structure is structurally sound i'm certain there's a way to do a structural assessment i'm sure a structural engineer could do that we did not do that prior to this meeting years and for the initial permit and then they would have to come back in for the renewal that would give us a chance to evaluate at eighteen months of operations for them there renewal does go out to the neighbors also so it gives them a chance to see how the neighborhood is how they still think condition that permits are for when you're not quite sure what the impacts are going to be i have seen cases such as churches where later on they're asked to come in fred change in zoning after that kind of a stablished at the church itself the impacts are ok i think in this case we'd at least want to see for a while how it is but i don't know the hotel with the appropriate in the middle of an agricultural zone and also they may lose their agricultural protection to change the zoning so service a business or commercial is not an option i i'm sorry discussion thank you that's a good question i don't think i know the property yes back at agricultural rates and what you're saying no i said i had to look it up right now and i was just basically talking about the way other uses are treated in a district after that is my concern is they're generating two million dollars  very fortunate to have actually been present at one of the events years ago and the place is amazing she's done really good i just hope that this can continue and offer my full support  commissioner robinson what is the question it had first picture that introduced the project  as an additional just so it was in there just so they understood that they are also so i know that they went around with their electrician and they understand what they need to do to comply they're also going to be remembered clearing them to come in for electrical permit they made want to change some of the lighting to comply with the downward shielding and i just want to make sure that the department of public works is fully comfortable and that they are one hundred percent in compliance according to the department of public works they are the expert have and so my concern is they need to comply with things that ordinary businesses would have to come by their respective of whether it's film and so that people don't get hurt it's another reason i put a building permit requirement right on to the permit as they go through the building permit process once we sign off the department can take a look at it they will be required to come up to code on the handrail so we'll have to meet i think it's forty two inches they will have to be at the correct height requirements i don't know a fence that is right in public works it's thirty four inches always ok i think it's ok but anyway public work site is responsible and for compliance with all of that they won't sign off on the building permit until that happens and again i am for this project i think it's great place a lot of people so my question is and i mentioned earlier that you have the hundred and fifty person limit and i'm not sure if you folks might want to amend that to two hundred and see what the fire department says because on the one picture that we got today over a hundred fifty people just on that pitcher for seats plus you have servers and you have other people working there the parking spaces of course when it's open support more than that without being bussed in so i'm not worried about that but if we're going to we're going to go the next step and then you might restrict yourself to one fifty so maybe before we vote on it if you have an amended number and in that way the fire department will bring it down because we won't get to that the department we went with the original one fifty but i don't know that we'd have a problem if this body wanted to go ahead with the state actually use but the two hundred and then if they wanted to make the recommendation to the council for two hundred you could a the way i read it the two thousand point team which was just last year when i look at the testimony and everything else they talk about five years before they had these activities so it doesn't it doesn't really read exactly what they intend to one somehow or another we need to we need to correct the director maybe i should correct to add a couple more comments when we issue a warning and we talk you know sometimes it's like next day we issue a violation sometimes thirty sometimes sixty whatever it depends on the situation we heard here sixty or not following the rules of they're not going to give me both the answers that were given to me from the director of both process and the violations and i think always worked with the community i think is always important you know we're always going to you know go back to give them a chance to comply  i think that once they filed the permit and they stopped taking reservations and i've heard that their sacrifice and all these businesses have already taken that to me shows that it did take this seriously to understand the law and that they're working towards it we've had other people before where they've got inside and they keep on taking reservations and see luvvie in it and i thought this was another one until i found out that they actually stopped my testimony today and i think that's i think that's that's all you can ask for people to respect it and for the even further question well yes they spent signed up for a certain number so i know council last group discussed it i don't have to go go back to department help and find out what they need to have up to two hundred ok so it could be porta potties it could be in a another septic system i am functions about when you get form letters and people just sign it means nothing it needs just more work for us and more paper which we don't mean and that's important to get some me like yeah there's a lot of people don't realize the history of whole i am pretty soon like i said no one's gonna watch your claim because it will be sugar cane we'll just see these remnants in the middle of nowhere of our old males and you've done something created something out of an old mill because i current recommendation it just says no music after no nothing new that must be concluded by ten o'clock at night and i got one of the most curious letters you've seen it in there from one of the neighbors who really enjoys the music saturday that it's ten o'clock they could address that so basically what is what is being requested is one wedding function or calendar week and they're primarily on friday and saturday they're rarely on the weekdays but that's not currently a restriction but it is generally how it ends up happening is that friday saturday sometimes the conversation with the applicant there may have been people who have come into town where you work for them on a weekday and they have done that but that's the vast majority of times  eight p m those are those are basically daytime uses and they would really be wrapping up it at eight p m that was just outside time frame but if i could add one other thing is that you know in talking to the applicant about this it's going to be difficult to to book receptions you know closing it closing at night completely they've been operating to ten p m as they have been as you guys are aware of it we have significant neighbor support and curious if the commission could be support letting the applicant try this ten pm on the first leg of their special he's permit and when they come back to the commission if there's problems with the sound or even before that the departed will be aware of it and if we could begin to try and control the sound because you know in comfortable with during the weekdays of having events to take o'clock at night if it carries through stuff on you know friday saturdays and that's just me but i think yeah i think nine o'clock should be during the week is even a kind of leap but i think that's the max it out because that's definitely not something t be available to neighboring property owners that is actually a condition of the permit is that there will be a sign with a contact number and basically my understanding is the african context the neighbor and they had a conversation and basically got a line support to clarify the a p m was for the daytime functions and those where there was were there some farm to table functions there was the potential for workshops wellness retreat type functions and also the botanical and historical tours any further ordinance rules so she a shrew is probably there is and i have to say you've been there ten o'clock is a very acceptable time you know we have security patrols and so forth they don't come around until after ten o'clock anyway so and i think going forward i believe you know this is a good gauge but that ok so we have a motion and we only added commission being consistent with all the other permits that we do and with those times being and us being different on this one i don't have personally have promised the time but in the permit and the customers complain him members take care of that but as a commission i think that's a mistake dwelling which is built in two thousand and thirteen had the kitchen two living room area as three four bathrooms aligned you room alumni and outdoor parking space and the permit request is for our four bedrooms in the whiling this item is under your interview because the applicant is requesting a bed and breakfast permit to operate at the n b a that is within five hundred feet of when existing permitted him being so to speak given and even more detail about the so just closing in on that we have a concrete driveway for parking spaces for the a breakfast hand side of the screen way and the access to the house of the better breakfast and top left is the south facing side of the house on the right slide is when facing side of the house that's one of the reasons that we're not able to rent it out for long periods we have had in part in the past something like a couple who stayed there and it wasn't that we were unhappy with them but at the end of the term of rent it was it was quite a hard situation to deal with under the condition of the house just very dirty very messy a lot of renovations that we had to do on a relatively new house regards to refinishing notice was provided twice once for the last year each application and more recently for the last year each application public hearing subsequent to the public hearing notice comment deadline one contest letter was received from the owner of a lot a decent to this one the neighbor was concerned about possible loss of character of the residential neighborhood the traffic and noise and shortage of long term mentals he was particularly concerned about the house adjacent to the toiling because he he owns it and rents it it should be noted that the owner reached out to the neighbor and is attempting to mitigate some of the concerns i think are landscaping border between properties five letters of support received three from a decent neighbors and to reside from those residing within five hundred feet a letter of support was also received from former neighbor to the applicant's  get the department's recommendation that application compliance with the seventeen standard conditions for a bed and breakfast permit and as such the department recommends approval thank you commissioners questions what hotels basically you know there's been some things that have occurred over the last several months one of them is that the placement of the new new general manager tony bruno was here this afternoon but also my regards to what you've heard as far as the acquisition of the starwood by the marriott and so now in regards to this particular project there's a desire to basically preserve this project in terms of the abilit spot thank you acquisition by marriott it is of the company it's not just of the individual hotel and so there are quire in all the branches the shareholders are voting at the end of this month and as of right now do you have questions on this or council he's ready any question you have that sometimes in other boards you see board members of commissioners purposely staying away to prevent there from being a meeting or having a quorum and taking action and on those initiate a recall action and if for whatever reason the say the mayor who appoints or board members and commissioners is unhappy the americans certainly recommend to the council that the border commission why i can't remember why why i was put on but you know see that you know attendance was going to be discussed that was just my those are just my my thoughts as far as what the rules are our rules regarding attendance which are pretty simple and mine but because as a commissioner i've made some kind of misconduct american request or move to have that commissioner or board member removed from office but the questions on those reports to