2025-11-07 PD Legal Memo (PL-BOA-2025-000119)

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cumulative impact or significant adverse environmental or ecological effect on the SMA, that use should be defined as "development." In the current case, the Director noted that the lot in question is not a shoreline parcel and reasonably and properly determined that the very minor alterations and repairs at the lot did not create any cumulative impact and would not have any significant adverse environmental or ecological effect on the shoreline. See ROA at Pages 24-25. Therefore, since the proposed use fell into the definition of activity that is "not development," the use is an exempt action and no SMA permit is required. See ROA at Pages 24-25. The Director returned the application and application fee to the Landowners. See ROA at Pages 24-25. B. Appellant's Complaints About Access To And From Her Property Are Not SMA Concerns Appellant's Petition states that she uses "Oeoe Street to take my walks down to Leleiwi and Richardson's beaches, to access my driveway at 369 Nene Street, and to receive emergency services, including fire trucks that hook up to a fire hydrant on the corner of Oeoe Street and Kalanianaole Street." See Petition at Page 1. As stated above, SMA regulation concerns the protection of the shoreline environment and public access to the shoreline. While Appellant may prefer Oeoe Street, she and her B&B guests have two alternative and equally accessible routes to the nearby shoreline. They can walk from her makai property boundary directly across Kalanianaole Street to the publicly owned shoreline parcels and beach parks or can access Koloa Street on the western side of the same block. See Planning Department's Exhibits. The accessibility of Appellant's non-shoreline property is not an SMA concern. Access to Appellant's home for emergency response might involve the arrival of police vehicles, ambulances or fire trucks. All such responding vehicles would be coming from stations in Hilo 7