PL-SMA-2022-000018, PL-SPP-2022-000018 01.06.23 K. POMEROY & K. TOUBMAN TESTIMONY

Home

January 6, 2023 To: Leeward Planning Commission / Kona Planning Office West Hawaii Civic Center 74-5044 Ane Keoholkalole Hwy, Building E, Kailua-Kona, HI 96740 From: Karl Toubman and Katherine Pomeroy PO Box 1556, Kapa'au, HI 96755 Cell: 808.895.1911 RE: Applicant: AHU POHAKU HOOMALUHIA LLC ( Formerly Robert Watkins and Jean Sunderland). ( PI- SMA -2022-000018). Special Permit (SPP 01-000006 and PL -SPP 20222022-000018, Tax Map Key: 5-4-009:014 AND Application for an amendment to Special Permit No. 1117 Honorable Leeward Planning Commissioners, As people who use Maluhia Road as an easement to our farm, and as members of the Kohala community, we are against the proposed changes set forth in the applications cited above for the following reasons: 1. Maluhia Road is unsafe. Adding more traffic is foolish. According to the applicant's permit, that road needs to be 20' wide. There are places where it is not, with steep cliffs preventing the 20' width. Along the west side are 5 drisco waterlines, further preventing widening of the road. There is no road maintenance agreement among the 17 users of that easement. The overgrowth further exacerbates the blind curves on Maluhia Road. Maluhia Road is not fit for the current traffic, let alone increasing it as proposed. Two cars cannot pass on Maluhia Road. To our knowledge, the Retreat does not carry a current liability insurance policy for Maluhia Road. Are the neighbors/Maluhia easement grantees subject to liability for accidents on Maluhia Road? The special permit stipulates that HIR cannot use Union Mill Road or go through Kamehameha Park, although they have used Union Mill for their Retreat on many occasions in the past. Another plan HIR had to ameliorate the Maluhia traffic was to use shuttle buses. That never happened. 2. Hawaii Island Retreat will be on the real estate market soon. According to a Hawaii Life realtor, Hawaii Island Retreat will soon be on the market for around $15-19,000,000. It appears that they want to add value to their real estate at the expense of the community. On 12/28/22, I spoke with Jessica Andrews, the planner in charge of this application. She was not aware of this fact. Why was this not disclosed to the planner in charge? 3. Much of the TMK is in a SMA and conservation zone. Where will the new building(s) be located? There are already 3 buildings in the SMA that they use as their hotel/Retreat. How was this allowed? They have also held wedding events in the restricted use zones. 4. They have not complied with the shoreline access condition of their special permit. It has been blocked off and re-routed. The Public Access signs on Akoni Pule Hwy and Pratt Road were taken down for over a year and before that the signs were not always posted. They just put some