2024-03-04 PL-SMA-2023-000046 Lillie Makaila Opposition Testimony

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Makaila Testimony RE: Black Sand Beach LLC Application for an SMA Windward Planning Commission March 7, 2024 "it is the state policy to preserve,protect, and where possible, to restore the natural resources of the coastal zone of Hawai`i," and,therefore,that "special controls on developments within an area along the shoreline are necessary to avoid permanent losses of valuable resources and the foreclosure of management options, and to ensure that adequate access, by dedication or other means, to public owned or used beaches, recreation areas, and natural reserves is provided."(Hawai`i Revised Statutes, Chapter205A, Partll) Please ensure that all of the power that you have on this Commission is utilized to make decisions that take into account the long-term impacts on people and places, and that as a priority,you choose the health of the`aina and that you listen to the voices of the people of the place, not the opinions of those trying to make some more money off the land. I am shocked at the Planning Director's Report which recommends the approval of this application and the granting of the SMA permit.As a planner, I cannot see how the Planning Director or any trained planner could review this application and recommend approval. I especially challenge the request for an exemption from the shoreline survey.The Planning Director's report states that this project does not require an environmental assessment based on the 13 triggers in HRS Chapter 343-5. Trigger#3 is the following: 3)Any proposed use or development within the shoreline area as defined in Section 205A- 41, HRS. The proposed development does include proposed uses along the shoreline.Without an updated shoreline surveyto firmly establish the bounds of the shoreline and the shoreline setback,the applicant cannot claim that the proposed uses are in fact located outside of the shoreline setback area. If some of the proposed uses are in fact found to be within the shoreline area,that would trigger the preparation of an environmental assessment. It is my professional opinion that it is NOT clear that this proposed project does not require an environmental assessment as the bounds of the shoreline are currently outdated and therefore unknown. For this reason as well, I ask that this Planning Commission does not approve this application. I include below a bulleted list of additional reasons whythis application for a permit is inappropriate and should be denied for the record. • This propertywas purchased in the early2000s bythe landowner, Eva Liu,who created Black Sand Beach LLC. I thinkthat the name of her entity clearly articulates her main goal and purpose in Ka`u:to make money off of her investment at Black Sand Beach. This application document is persuasively written to soften this for the ears of the community and decision-makers, but it does not remove the ultimate goal and purpose of Ms. Liu's Page 2 of 4