2026-06-10 Gary Rosenberg Appeal of Decision by Planning Director 17023016.pdf

Home

Attachment to General Petition for Appeal of Decisions by Planning Director or Public Works Director: responses to questions on Page 3 of the application. State the nature of the appeal and the relief requested. Include the Director's decision and the decision date. Petitioners to this appeal, all residents of the neighborhood served by North Ala road are requesting reconsideration and denial of variances granted associated with the development of six+ residential lots associated with TMK: (3)1-7-023:016. It is requested that the development only be allowed should the existing non -conforming roadway be improved to meet current County of Hawaii standards for roads serving residential subdivisions for two-way traffic including adequate hard shoulders. Included in the requested relief is the replacement of existing non -conforming electrical poles away from the road surface where they currently pose a hazard. Also, included in the requested relief is that the long-term viability of County water lines beneath the road bed be addressed to insure continued service such that lines can be serviced into the future without presenting the potential for disruption to the community. The Directors decision as of May 14, 2026 included variances pertaining to to water service (PL- SVAR2026-000080) and to Road varience (PL-SUB-2025-000357) Statement of how the Director's decision violates the law; or is clearly erroneous; or is arbitrary or capricious or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. This appeal in no way implies that the Director's decision either violates the law, is arbitrary or capricious or represents an unwarranted exercise of discretion. Grounds for this appeal are that the circumstances pertaining to the particular situation regarding the request for the variances were materially misrepresented by the applicant and should be considered in the application process. Petitioners to this appeal are confident that had the Director been made aware of facts pertaining to the application for variances a different conclusion would have been forthcoming. Statement of any other relevant facts: North Ala serves as the only paved access to over 20 residential lots, a major nursery which employs 450 people, and 5 independent livestock producers. Current traffic levels already pose as safety hazard. The only alternative access to the area is associated with a blind intersection where Momona Road feeds into Huina Road directly below a series of blind curves. North AI'a is a 1Oft wide, a single lane paved road which for 1/3 mile serves as the only paved access for the agricultural communities along South and Middle Roads. This area has been farm and pasture land for decades. Residents raise cattle, horses, sheep, goats and other livestock throughout this area and livestock trailers must navigate North Ala regularly. Current traffic levels the road presents an ongoing challenge to neighbors in navigating two-way traffic. Giving way to oncoming traffic inevitably involves pulling onto a potentially soft shoulder and getting stuck. North AI'a also hosts foot traffic and bicycle traffic on occasion including small children. Navigating North AI'a even given current traffic levels is anxiety producing. The proposed development includes the addition of three driveways which will transform what is