PL-REZ-2022-000017 J. MATLOCK TESTIMONY 11.14.2022

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Aloha Planning Commissioners, Thank you for this opportunity to comment on Item #2, Applicant: Shawn Maile Nakoa, Esq. (PL- REZ-2022-000017), TMK: (3) 7-7-008:062. I appreciate and have sympathy for the difficulties families face when dividing property both real and personal among heirs. It appears that for this application, family members had to petition the Court in order to try to resolve inheritance issues. The Court came to a seemingly simple conclusion —to subdivide the property, with one heir initially paying the up -front costs to do so. However, this unfortunate familial circumstance does and should not exempt the parties involved from the same requirements that any and every other owner/developer must follow. Below are several instances where it appears attempts have been made to do much less than the bare minimum that would be required of any other application. Did Not Provide the Promised Notice The application of February 12, 2022, submitted by Land Planning Hawaii (LPH), stated, "...Notices of this application will become available by the posting of a sign on the property..." I have personally checked on more than one occasion and there is no, and to my knowledge has never been, visable signage at the entrance to the property at Pomaikai Street (the most appropriate location) or off Kuakini Highway. Why was this not adhered to or enforced? Avoided Municipal Wastewater Hookup and Fees LPH's application initially stated that the subdivided properties' wastewater would be treated via "Individual Wastewater Systems," i.e., not by connection to the municipal wastewater system. It is curious that LPH would not have been aware of the requirement to connect to the immediately adjacent municipal system. Water Allotment Application Based on Old Records Submitted with the application was a letter from October 10, 2010, from the Department of Water Supply to a Realty company referencing a different subdivision application and allowing one available unit of water for this property. The DWS replied to this current application allowing two additional units, listing the current requirements and costs. It is puzzling why and appears sloppy that LPH initially submitted a letter for another project that is over 12 years old. Rare or Endangered Flora / Fauna Survey "Although there were no professional surveys conducted... the applicant does not believe that rare or endangered floral or fauna resources are likely to be found within the subject site... Further, the suburban nature of the surrounding areas would make it less likely to find endangered animal life in this area... " (emphasis added)