HomeMy WebLinkAboutCOM 0452.019 1996-1998 Date: October 15, 1997
To: Hawaii Count Council RECEIVED
Tlme-------------...-. By..---
Re: Bill 129 -Proposed Agricultural Project District Dote-•------- ~'-7
County Council
Thank you for allowing me to speak today regarding the Agricultural Project District Application
(APD) submitted by Christopher Norrie via Seamount Enterprises.
In the last week, the neighbors of Ka'awaloa Orchards ("neighbors") representing the upper
four lots (46, 56, 6B, & 7B) have been made aware of the Kealakekua State Park Conceptual
Plan dated August 1997. This plan identifies a Visitors' Center at the top of the pali as the
optimum location for an Interpretive Center for the State Park. That same plan includes four
options for accessing the Visitors' Center and our private road through Ka'awaloa Orchards
subdivision is one potential access route.
As the continuing research of the neighbors has provided information that Christopher Norrie
fully intends to extend our 16 foot wide private road to the pali acreage and lots makai of the
proposed APD (Bill 129), there is a high probability that our private road could be used for
access to the Visitors' Center. The rural nature of the Ka'awaloa Orchards subdivision as well
as the safety of the neighbors and their children would be severely impaired by the tour buses,
rental cars, and vehicles of county residents trying to reach the Visitors' Center over a narrow
country road. The noise of the compression brakes and compressed air brakes on buses or
trucks in and of itself would certainly destroy the neighborhood.
The neighbors and the County Council need to fully consider the potential long-term and
deleterious effects of decisions regarding our private road. Allowing our private road to be
extended beyond the seven lots outlined in the proposed APD would expose the neighbors to
extreme jeopardy and destroy the community each family has so carefully worked to maintain.
Christopher Norrie has previously had a restructuring of acreage makai of the Ka'awaloa
Orchards subdivision ("pali acreage"). That approved restructuring submitted by Mr. Norrie
clearly indicates that the pali acreage would use Ka'awaloa Road as their access method to
Napo'opo'o Road. There can be no justification for Mr. Norrie stating to the Hawaii County
Planning Department in his drawings and application to restructure the pall acreage that the
access method would be Ka'awaloa Road and rather than use Ka'awaloa Road as the access
method instead use an extension of our private road.
Being a traditional person, I believe when one gives their word that it should be their bond. Mr.
Norrie gave his word when he filed with Hawaii County in both the restructuring of the pali
acreage and his proposed APD application for Ka'awaloa Orchards. He has stated through his
attorney, Ms. Shutte, that "the roadway [our private road] is also proposed to end in a cul-de-
sac, in lieu of a stub-out, since there will not be anv future roadway to connect to this
private road." (Letter to Department of Public Works dated May 29, 1997) Any roadway.
Any prudent person would understand that means no roadway of any type, no private roads,
no public roads, no paved roads, no unpaved roads, not even heliport access to the roadway.
Additionally, I believe that every right requires a responsibility and every responsibility
ensures a right. Mr. Norrie has asked the neighbors not to object to his proposed APD but he
c~aan. w? 4 $ 2 . / 9
1fr j~ ZN G KvJ
r@s~9TCe ~uL
)fee. !bt
1'~e OCT 15 f.4vf
has advised several of us that he intends to sell his land and permanently leave the Island of
Hawaii. He will continue to maintain his easement rights in perpetuity even though he no
longer wants to have the responsibility or liability for the private road. He has requested that
the neighbors form a Limited Liability Corporation to shield himself from lawsuits. It is
unreasonable for any person to maintain rights when they abrogate their responsibilities. Our
most basic laws are based on responsibilities associated with rights.
Mr. Norrie's newest APD application has redrawn the property lines of his acreage to
something entirely different from the property lines in existence when we purchased our land
and signed easement agreements, yet he wants us to honor those easements in perpetuity if it
is in his best interest regardless of our best interest.
I am requesting the County Council as a condition of approval of the proposed APD:
1. Insist that Mr. Norrie keep his word and make the access method to the pali acreage
Ka'awaloa Road and that Ka'awaloa Road be paved to County specifications to allow such
access.
2. Insist that Mr. Norrie repair the existing and future damage the vehicles operating for his
businesses caused or will cause on our private road.
3. Insist that Mr. Norrie provide an extension of our private road to the proposed seven lots of
the proposed APD that is only 16 feet wide, paved and built to County specifications and
permanently ends in a cul-de-sac.
i-
F_12 v
Brenda Ford
81-6195 Napo'opo'o Road
Captain Cook, Hi 96704