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April 3,2023 <br /> Planning Commission of the County of Hawaii <br /> West Hawaii Civic Center,Council Chambers,Building A, <br /> 74-5044 Ane Keohokalole Highway,Kailua Kona <br /> Re:Special Management Area Permit(SMA 01-000003)and Special Permit(SPP 01-000006)Applicant:Ahu <br /> Pohaku Ho'omaluhia,LLC dba Hawai'i Island Retreat,LLC Hanaula,North Kohala,HI,TMK:54-009:014 <br /> Dear County of Hawaii Planning Department, <br /> As an immediate abutting neighbor,with shared property line,I oppose this application for further expansion of <br /> HIR.My opposition is due to the negative impacts it will have on our surrounding properties for the reasons listed <br /> below. <br /> However,more specifically I raise the issue of our community's history with this applicant.This applicant's initial <br /> variance request,albeit artfully navigated by Sidney Fuke,has not been respected in practice or principal. In <br /> addition to making expansions beyond those authorized in their initial variance,they have been vigorously litigious, <br /> refusing to take responsibility for either prior agreed or reasonable shared community costs. We must assume future <br /> behavior will reflect history. If for no other reason,we must object to fiuther expansion,logically assuming the <br /> applicant will not be willing to bear their fair share of the costs of the impacts of this requested expansion. We call <br /> out some of those impacts and costs: <br /> Additional car and foot traffic and increased wear and tear and damage to the roads that serve our properties, <br /> including Maluhia,Pratt and Honopueo Roads,and risks of liability to us from the expanded business of HIR. <br /> While we oppose granting the expansion,should it be granted in any part,given our history with this applicant,we <br /> respectfully demand the following measures be clearly and contractually specified in any grant,to mitigate the <br /> negative impacts,and likely the litigious behaviors: <br /> 1. Safety:Clear signage should be required regarding safe speed limits on Maluhia and indicating the public <br /> access is a left turn on Pratt after leaving Maluhia. Many times,for lack of clear signage,people looking <br /> for the HIR make a right turn on Pratt and end up in the driveways or homes of our neighboring properties. <br /> 2. Maintenance:As Maluhia will be expanded,and therefore putting more pressure and use on Maluhia, <br /> maintenance of Maluhia should be borne principally by HIR as it will be relying on it for its enlarged <br /> commercial uses. Specifically: <br /> • HIR should also be required to keep Maluhia open and free of overhanging vegetation and <br /> clear debris off the side of the road. <br /> • HIR should also be required to weed the side of Maluhia but making sure not to hit water <br /> pipes. <br /> 3. Liability:HIR should be required to indemnify neighboring property owners for any claims arising out of <br /> its commercial activities and maintain a liability insurance policy given their"public access mandate"and <br /> name neighboring properties additional insureds. <br /> 4. Liquor:HIR's insurance on its liquor license should also be extended to protect and cover adjacent <br /> neighbors. <br /> The expansion of HIR will have significant negative impacts on all of us and we urge action be taken to mitigate <br /> those impacts including likely associated litigation. <br /> Mahalo for your attention and consideration. <br /> William(Bill)Melton <br /> TMK#54-009:019 Lot#14 <br /> bill@billmelton.com <br />