2005-09-30 TIBBETSON - Laserfiche WebLink

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According to what I read in the deed, when my great grandmother deeded it the bottompart she says for cemetery use. And why I believe it shouldnt have is back in 1915 when the Hawaiians used to talk to each other. And they would say Ill give you from this property, from this tree to that rock. To them that was the law. You know it was paa. And everybody in that area, the community knew that when somebody spoke of something that was the law. Whether you know that would stand up in court I believe its for the courts to decide okay. In the meantime I found out Mr. Ibbetson had applied for a Special Use Permit to operate a bed and breakfast. So I called the County Planning Department. I talked to Sharon and asked her that I understand this applicant had applied and if that was a public record and if I could pick up a copy, which I did. After reviewing it there are several things that I noticed that I wasnt satisfied with and one was the DLNRs report that there were no historic sites. And it was signed by Mary Ann Maigret who signed it as Assistant Archaeologist and to me was an archaeologist is a person that goes out to look for bones, for burials, historic property. So this kind of confused me. I tried to call her office. I left several messages, which she did not return.InthemeantimetherewastimelimitwhenthishearingwascomingupandI understood that for met to contest this case I had a deadline, I had to file. So time was for me was very crucial. I then called DLNR Kapoleis office in Honolulu to-. And all I called was to clear up some questions that I had regarding this review. And so I spoke with this lady I dont have her name here but I have it written down. And shes an archaeologist that does work over on Maui but she was in Oahu. And I asked her first of all, how do you folks, how does the DLNR Division, Historic Preservation Division know when they was supposed to go out to check a property for Historic sites. She then explained that the applicant must have applied for a rezoning or special use. And I said, a special use. She said okay, when that happens all these agencies are notified including the DLNR. So I said okay now you folks are notified when you go out to this property what do you folks look for? Are graves something you look for? She said oh yeah definitely. So I said so why is this report signed that there is no historic properties affected? Her answer was I could tell you that she didnt go out. Because if youre saying theres graves. I said this is actually a cemetery, theres a lot of graves on here. Whether she did or not and thats why I wanted to talk to Mary Ann directly, to find out if she did and if she did Im sure she could explain why she had signed this. That there was nothing, no historic properties affected. So, this kind of concerned me and made me look into it more. Okay the other thing that concerned me was the last page of the applicants permit which shows his plot plan where he does not even show any grave or grave sites on here but shows mango and guava and landscape. And, so then I talked to Darrow cause I had some questions as to whether he applied for a building permit, whether prehistoric review would be required he said no. But if the property was graded and grubbed then a permit would have been required and at that time the DLNR would have gone out. Well when I spoke with Mr. Ibbetson and I went down actually like about 2 weeks ago was to see if we could work out something. And the problem actually started with the easement the 10- foot wide easement that the Conference had reserved in favor of the descendants. Mr. Ibbetson denies that there was an easement. And so I went down and with the surveyors map and I asked him which was his boundary to the north on the Kohala side and he had a string pull at that time. So I took a tape measure and he held it on the line and we put out 10 feet cause the easement is 10 feet wide, 200 feet long. Well, I told him this is where the 10 feet comes and in the middle is his Palm trees, Arica Palms. And I said well that is in the easement and that would have to be removed and he said no way. And I said its in the EXHIBIT E 11