HomeMy WebLinkAboutCOM 0106.044 2004-2006 Testimony of
Michael J. Matsukawa
Bill Nos. 29, 30, 31 and 32
County Council, County of Hawaii
(April 12, 2005)
Honorable Chairman and
Members of the County Council
My testimony is directed to two points: (1) whether the
"area" of each application actually "involves" land areas that
exceed fifteen acres and (2) whether Chapter 343, HRS relating to
environmental assessments applies.
A. Prior Subdivision Action
When Westpro Development, Inc. created the two subject
parcels in 2004 (SUB 2000-0201), it laid out a 60-foot wide
Easement "1" inside and outside of the two subject parcels (TMK
Parcel 1 and TMK Parcel 19).
Pursuant to a recorded covenant, Puaa Development and
Suffolk Investment must construct a connector road on Easement "1"
when they develop their respective parcels.
B. Easement "1" as "Land"
Under the Land Use Commission's rule HAR 15-15-03,
Easement "1" is land. See also the legislature's definition of
"land" under Section 171-1, HRS ("land includes all interests
therein and all such things connected with land"). It appears
that Easement "1" is an inextricable part of the two subject
parcels (TMK Parcel 1 and TMK Parcel 19).
Easement "1" also intersects with and runs over and
through the old Walua Road (a public road) near its intersection
with Kuakini Highway.
C. The Applications
Both applicants exclude the area occupied by Easement "1"
that lies outside of their respective parcels from the description
and calculation of the "area" that they seek to reclassify to the
Urban District.
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Both applicants also do not discuss the implications that
arise out of their proposed use of the old Walua Road as part of
the connector road on Easement "1."
POINT ONE:
Both applicants seek to amend only the area that lies
within the perimeter of their respective parcels (TMK Parcel 1 and
TMK Parcel 19) Nonetheless, since the area occupied by Easement
"1" outside of the applicants' respective parcels is an
inextricable part of each parcel, the applications should include,
as the "involved area," the area occupied by Easement "1" outside
the perimeter of those parcels. The inclusion of Easement "1"
would result in the "involved areas" exceeding fifteen acres in
each case.
POINT TWO:
According to Section 343-5(a)(1), HRS, the applicants'
proposal to use portions of Walua Road (a public road) involves
"the use of state or county lands." Such a proposal "triggers" the
environmental assessment (EA) process, unless that proposed use is
exempt from the EA requirement.
The Environmental Commission rule HAR 11-200-8 exempts
certain actions (such as certain "negligible" or "minor"
alterations and operations), but not if the "cumulative impact of
planned successive actions in the same place, over time, is
significant." See also Citizens for the Protection of the North
Kohala Coastline, 91 Haw. 94 (1999) (use of state land for an
underpass triggers EA process).
Respectfully submitted,
Micha J. Ma sukawa
mjm\629-32.tes