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THE MAUI LANI RISE: Developer raises g... <br />situation at Nakoa Drive during a Maui Planning Commission <br />meeting a year ago. <br />"Some of these projects have been around for a long time, but <br />one of the controversial areas is in Sandhins (that borders Nakoa <br />Drive), a portion of Maui Lani where the new project has been <br />graded to the extent where the new houses are blocking the <br />views from existing houses," Foley said, according to the meeting <br />transcript. "The fill is 15, 20 feet on some of these Tots and It was <br />approved, but It was approved with Inadequate review by the <br />county staff and by the commission and by council and now we're <br />seeing the unfortunate impacts of these approvals." <br />At that same meeting, Susan Molkeha, then chair of the <br />commission, said development plans that routinely come before <br />the panel are almost always "conceptual" In nature "so we don't <br />see grading." She said more information should be required early <br />in the process so everyone realizes how much the original <br />topography will be altered. <br />Foley told commissioners he hoped that the new language would <br />be approved and that the Planning Department would be able to <br />"prepare some standards with Public Works regarding grading ... <br />so that we have some criteria to look at that doesn't exist now." <br />Corporation Counsel Brian Moto didn't respond to a phone call for <br />comment, but he also spoke at that planning commission meeting. <br />Moto said that some projects, particularly those with golf courses, <br />often use fill to elevate the houses to resolve drainage issues. <br />Golf courses often substitute for drainage areas, he said. <br />Drainage is one of the key concems of the Palama Drive <br />neighbors. Their street, already In a depression, floods so easily <br />that "when we hear it start raining at night, we all jump out of bed <br />and move our cars" to higher ground, said Annette Heu. <br />While some runoff will be directed to the Maui Lani golf course, the <br />13 -acre, 50 -lot subdivision above Palama also has been designed <br />with a system of multiple sump pumps in a concrete manhole that <br />will be located between the Tower tier of new homes and above <br />four of the Palama residences. <br />Annette Heu said she doesn't think the developer has done his <br />homework. She said the area is infamous for its Infestations of <br />ground termites that can eventually gnaw through pumps. Heu <br />and her husband worry that the new wall of fill will result in more <br />flooding and muddy runoff because it has taken the place of the <br />gulch, which used to carry away at least some of the water. <br />Both Palama and Nakoa drives are older neighborhoods, mostly <br />with humble one -story homes, many of them still occupied by the <br />original owners who are now senior citizens on fixed incomes. <br />According to neighbors, Nakoa means "the Warrior" because the <br />lots were designated for returning soldiers with the famed 442nd <br />Regimental Combat Team. Palama was part of the seventh <br />increment of Dream City, which gave families In the plantation <br />camps the opportunity to own homes. <br />Because approvals for Maui Lani were granted so long ago, <br />neighbors were never told when the new round of construction <br />began last fall with the clearing of the gulch. Annette Heu said <br />that work sent "rats and rats and rats" running into their homes <br />and yards. <br />Earlier this winter, a stream of dump trucks began rumbling down <br />nearby Kea Street with loads of mill mud. Ever since, neighbors <br />have lived with noise so loud that their houses shake and with so <br />much blowing dust that their windows are caked with black crud. <br />One homeowner wants to know if the developer will pay for all the <br />family heirloom vases that have been knocked off his shelves by <br />the vibrations of the heavy machinery. <br />The state Department of Health has also ordered that samples of <br />the mill mud be tested at the site of the Pala mill as well as at <br />Maul Lani and a Spreckelsville site where the mud is being used as <br />till because of concems that the sediment could contain harmful <br />UIC111nd1,. <br />THE MAUI LANI RISE: Developer raises g... <br />But work continues as usual. <br />Karen Goo lives next to the Heus. Her mother has a home just <br />down Palama where a tall dust fence now separates her backyard <br />from the new construction by Inches. Goo said she's been trying to <br />recover from surgery even as the trucks and bulldozers grind <br />overhead, sometimes six days a week and even recently on <br />Memorial Day. <br />"It's not that we're anti -de- <br />velopment," said Goo. But, "If they're going to build, don't destroy <br />the original lay of the land." <br />Annette Heu agreed. <br />"I don't think we'd be complaining If the houses were all on the <br />same level and If they would fix the drainage," she said. <br />Foley told planning commissioners last year that there's nothing in <br />the law that ensures protection of private views. <br />"Our regulations currently tell us to address the views from the <br />roads, from the public domain, from parks and highways," he said. <br />"We don't have regulations that specifically protect the private <br />views and people do complain about that." <br />Two years ago, the Haiku community pushed for conditions that <br />set a precedent on protecting views along Hana Highway by <br />restricting a developer's building heights to 20 feet from the <br />original grade (10 feet less than the law allows) and implementing <br />permanent building footprints that permits structures to be <br />constructed only where they would be the least intrusive. <br />In that case, members of the public told landowner Francesco <br />Moretti that being limited to a one -story home was the tradeoff for <br />living in such a beautiful location with spectacular views that <br />should be enjoyed by everyone. The Maui Planning Commission <br />essentially agreed. <br />Before commissioners made a site visit to his property early In the <br />process, Moretti erected "story poles" along his 45 -acre <br />agricultural subdivision that were as high as his proposed <br />structures on the eight lots. Commissioners and neighbors alike <br />were able to assess the impacts. <br />According to Foley, story poles can be helpful on large -lot <br />applications but can be less effective In dense projects or ones <br />that follow a slope. However, he noted that in one of the <br />jurisdictions where he previously worked, the poles were <br />automatically required of developers - and were often beneficial <br />to all parties. <br />"we had a lot of projects that were modified by the owners and <br />the architects when they realized what the result looked like on <br />the site," Foley told commissioners last year. "So it worked for <br />both the neighbors and for the applicants." <br />Of course, It could be too late to help the neighbors of Palama and <br />Nakoa drives, but they're not giving up. And neither are members <br />of the council's Planning Committee who are gathering more facts <br />and expect to hold more meetings on the subject. <br />Valerie Monson can be reached at vmonsonaimauinews.eom. <br />© Copyright 2011 The Maui News. All rights reserved. This material may not <br />be published, broadcast, rewritten .orredistributed. <br />`mod Se the first <br />yaw <br />Subscribe to The Maui News <br />Save i <br />