Laserfiche WebLink
Testimony of <br /> Michael J. Matsukawa <br /> Bill Nos. 29, 30, 31 and 32 <br /> County Council, County of Hawaii <br /> (April 12, 2005) <br /> Honorable Chairman and <br /> Members of the County Council <br /> My testimony is directed to two points: (1) whether the <br /> "area" of each application actually "involves" land areas that <br /> exceed fifteen acres and (2) whether Chapter 343, HRS relating to <br /> environmental assessments applies. <br /> A. Prior Subdivision Action <br /> When Westpro Development, Inc. created the two subject <br /> parcels in 2004 (SUB 2000-0201), it laid out a 60-foot wide <br /> Easement "1" inside and outside of the two subject parcels (TMK <br /> Parcel 1 and TMK Parcel 19). <br /> Pursuant to a recorded covenant, Puaa Development and <br /> Suffolk Investment must construct a connector road on Easement "1" <br /> when they develop their respective parcels. <br /> B. Easement "1" as "Land" <br /> Under the Land Use Commission's rule HAR 15-15-03, <br /> Easement "1" is land. See also the legislature's definition of <br /> "land" under Section 171-1, HRS ("land includes all interests <br /> therein and all such things connected with land"). It appears <br /> that Easement "1" is an inextricable part of the two subject <br /> parcels (TMK Parcel 1 and TMK Parcel 19). <br /> Easement "1" also intersects with and runs over and <br /> through the old Walua Road (a public road) near its intersection <br /> with Kuakini Highway. <br /> C. The Applications <br /> Both applicants exclude the area occupied by Easement "1" <br /> that lies outside of their respective parcels from the description <br /> and calculation of the "area" that they seek to reclassify to the <br /> <br /> Urban District. <br /> Comm. Pao. ' ~'~'1 <br /> Ref. To: Prosear+r <br /> Ref. Uote <br /> <br />