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Home My WebLink AboutCOM 0092.020 2004-2006 FEB-14-2005 14 06 From~GREGG KRSHIWR 8083737870 To~808 961 8912 P.1~4 PROJIN;CI PLANNF,RS i~iAWAII 5375 Kalanianaole Highway Honolulu, IIawsii 96821 xtcxrvcir Testimony ifine.----2'I~~; Y~7 Bill 356 ttata - -r~- 2- t-'-~-rats Continental Pacific LI,C County Counot~ Hawaii County Council Requesting Public Shoreline Acecss to Pcpcekeo Point Abutting Shoreline Fishing Areas 1'cbruary 14, 200,5 Hawaii Cvunly Council 25 Aupuni Street, Suite 110 Hilo, Tiawaii 96720 Dear County Council Members: 1. Introduction of Concerned Parties: Project Planners Hawaii has appeared before this honorable Council on land use matters in East and West 1-lawaii since 1978. 'this testimony is submitted on behalf' of Hawaii t'ishing Ncws ("[ITN") and the Hilo Casting Club ("11CC"). The Hb'N reaches approximately 40,(]00 fishing enthusiasts monthly. It serves as the statewide voice of the Hawaii fishing community and has always been an advocate of maintaining traditional shoreline access points Per all fishermen. It also provides a pro active platform for governmental and private interaction on subjec.•ts affecting its readership inclusive of govemmcntal regulations affecting fisheries and the preservation of local species. Tltis readership includes many East Hawaii families. HFN provides great community benefit by bringing decision makers together with impacted brothers tmd sisters of the Sea often not heard in important Imtd use approvals. These silent fishing voices arc traditional users of the shi,reline that have trvtsferred their fishing knowledge from father to son to grandson, 'I'bis generational transfer of values and opportunity is part of an island heritage home from traditional Ahupuaa land tenure: rights for resident shoroline access. These rights are recognized by the State Supreme Court and the County of Hawaii. Camm. No. q L' ~ RRf. Tc~ P FF tti~f, data P.2'4 8083737870 70808 961 8912 FEB-14-2005 14 06 From~GREGG KRSHIIJP, Bi113G5 'fvstirnvny February 14, 2005 Aagc. Two 71te Hilo Casting Club is one of the largest and oldest casting clubs in Hawaii. It is headquartered in Hilo, with an active membership of eighty (KO) individuals, many of which arc your friends, neighbors and constituents. ?hey have perfected the art of shore casting firr large lPuba by introducing many innovations particular to the Big Island and its unique shoreline, and have sharui this lmowledge and tcchniyue worldwide vie media like the I1FN. 1"hey sponsor an anmtal fishing tournatnent that btittgs the entire County shore casting community togedter ut Hilo for a weekend of goodwill. The HCC is worthy of Council recognition and consideration. 2. Request 1»r Public Shoreline Access. Tn this instant case Pepeekeo Point and adjacent fishing spots along the shoreline have always been open to the public via cane haul roads and the old mill road that recently has been gated. The paint and adjacent areas are included in the 1979 List of Public Shoreline Access areas campiled by the County Platutittg Depat1ment. This confirms historic public shoreline access prior to 1979 (dating hack as long as the mill has been operational). Applicant Cantinental Pacific LLC ot~'ered testimony that users besides Pelx:ekeo residents and suhdivisivn owners will be vifercd a key to the gate provided they pay a road maintenance fee. T•1FN and the HCC feel this restriction disregards previatu County platming documents supporting politic access to the subject area, 2. Description of the area in qucstinn. Pepeck.eo Pouu is unique. !t was a community park used by many surrounding mill villages i'or recreational activities tied together by a narrow gauge railway systom, the Hawaii Belt Road, and later by a series of cane haul roads. None of these were gated. The cane haul roads provided public access for residents tv their favorite shoreline fishing spots. No mad maintenance Foes were levied. There are many miles of sharclint within the suhjcct rezoning application. The twenty shot wide shvreline access road is shown on. Continental Pacific maps to be set back forty (40} feet fram the pall. 'this allaws a scant twenty feet hetwaen the road and the cliff for parking and camping. Please remember a standard parking stall is twenty feet dcvp. TIIe area between the road and the pali is barely sufficient far recreational purposes. 3. Arguments in support of rcquost arc first, the area already has been identified as a public shvreline access area by the Caunty. 'fhercfore it is nut um•casortuble to ask continued public access m areas already designated far said use by Hawaii County. The term "public access" is clear, as opposed to access litnited to subdivisian and village residents. Administrative derogation of public access rights is not goail precedent. when granting approval to private "gaud" community type developments. FEB-14-2005 14:06 From:GREGG KRSHIWR 8083737870 To:808 961 8912 P.3~4 Bill 35G 1'cstimony February 14,2005 Yagc 'I'hn:c Members of this body have issued public statements opposing creation of gated communities. This development appears ti, meet that standard. The Council position is sound as more and more County shoreline are closed off by exclusive enclaves of luxuryy housing in previous agricultural usage. Secondly, Continental pacific proposes using existing sugar mill housing densities and "substandard" planlatiwl roadway systems in its development plans. Koadway maintenance costs arc unknown, uncontrollable variables when sub-County standard roadways are proposed. 'Plus is an elemental problem in this reaonutg. When minimum County subdivision standards are waived, infrastruelural problems will follow and erosion of public rights thereafter. No exclusion of public access should be allowed. It is possible that the public play have to pay thousands of dollars arv,ually iu order u, access the shoreline. Tn example, Kahuku Ranch on the Kau side now charges HCC members a $300 key fee for weekrnd use of its roads. When it is developed, will the Fee be $Ei00 or moro? Can anyone afford to pay hundreds of dollars tv go fishing? The answer is simply, nn! 't'hirdly almost all of 1'epeekco Yoint lies within the SMA. One of the objectives of the SMA is prescrvtitiun of recreational and historical resvurocs. public shoreline access to Pepeekeo Yoint is both historic and reereatiotutl and is al minimum, descrying of Council preservation. Inclusive in the SMA is the shoreline, owned by the State ul' Hawaii on which all citizens have equal, vvsted touting. HFN attd HCC respectfully ack the Council for nonexclusive rights to access this vested right. Approved exclusion of fishermen and shoreline users by mandating payment of fees sets dangerous precedent and fuels derogation of a vanishing island lifestyle. HFN and HCC further feel the dozrn or so "agricultura.l" lots on the. point are in fact house lots. Once new owners they build their luxury oceanfront homes, they will not be happy with local fisherman parking and camping forty leet from their makai boundary. ht this instant case, a gated community will naturally breed. a,nfrontation unless clearly defined in subdivision entitlctncnts. HFN and I1CC ask that this be Un(ICYStOOd in conditions of rezoning as they do not seek i;tmfrontation but rights of visitation. Fourth, this request is not tendered by "anti-development" activists. It is respectfully brought to you by negatively impacted Last Hawaii residents, most burn and raised in the North and South Hilo area. They see their shoreline access rights vanishing before their eyes. With it passes a life style they wish to pass on to their children. Their is the future of Hawaii County worthy vF administrative protection and nourishment. Let this bill be the benchmark ('~hc Da Vinci Code) in last Hawaii shoreline developnlcnt guidrdines that preserves our island li1'cstyle. Tt is worthy of your continued tenure. FEB-14-2005 14:06 From:GREGG KRSHIWR 8083737870 To:808 961 8912 P.4~4 13111356 't'estimony Februtuy 14, 20Q5 Yage Four For these reasons, the HhN and HCC respectfully ask the Council include language in Hill 35G insuring perpclusl, nonexchuive public shoreline access rigtlts without levy to Pepeekeo Yoint and abutting fishing sites as historically permitted, and supported in County planning documentation since 1979, thereby preserving a valuable recreational resource in Last Hawaii. Their purpose is simply stated and unclouded by economic issues. 't'hey desire to continue to go down tv the shoreline and fish as they have for generations before. Preservation oPthesn rights is a decision of conscience betiire this honorable body. Thank you for your kind consideration and support of this request seed the opportunity to testify on behalf of the Hawaii County lshing community. Your time is sincerely appreciated. Respecltfully suhn,ittedr G r e g g K~~~'' a ~~s~"h ' i TAT w777 s Project Planners iTawaii ~ I For Hawaii Fishing News, dated: « O5 A/n~d~~ ? Chris Nara ~ - For Hilo Casting Club, dated: (Q~