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HomeMy WebLinkAbout2008-04-18 TPD-WATKINS PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT APRIL 18, 2008 A regularly advertised hearing on the PLANNING DIRECTOR’S INITIATIVE TO REVIEW SPECIAL MANAGEMENT AREA USE PERMIT NO. 417 AND SPECIAL PERMIT NO. 1117 ISSUED TO ROBERT WATKINS AND JEAN SUNDERLAND was called to order at - 11:40 a.m. in the Waikoloa Beach Marriott Hotel, Alii I Room, 69275 Waikoloa Beach Drive, Waikoloa, Hawaii, with Chairman Rodney Watanabe presiding. PRESENT: C. Kimo Alameda ABSENT & EXCUSED: Shelly Ogata Lani Bowman Alvin Rho Takashi Domingo Andrew Iwashita Rene’ Siracusa Rodney Watanabe QdkkVnncv`qc Ivan Torigoe, Deputy Corporation Counsel Christopher Yuen, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner And 3 people from the public in attendance. INITIATOR: PLANNING DIRECTOR (SMA NO. 417/SPECIAL PERMIT NO. 1117) Review of Special Management Area Use Permit No. 417 and Special Permit No. 1117 issued to Robert Watkins and Jean Sunderland for compliance with the conditions of approval of the permits and information of enforcement actions taken by the Planning Department. The permits allowed the establishment of a 16-room Hawaiian Permaculture and Wellness Retreat on approximately 5 acres of land situated within the Special Management Area and the State Land Use Agricultural District. The property is located approximately one mile makai of the Akoni Pule Highway (Highway 270) and Kamehameha Park, Hanaula and Honopueo, North Kohala, Hawaii TMK: 5-4-9:14 (formerly 5-4-9: portion of 1). WATANABE: The next agenda item is one that is being, I believe, presented to the Commission more for informational purposes, as the Planning Director is not requesting any action at this time. And this is with regard to SMA Permit No. 417 and Special Permit No. 1117. With that, I’ll turn it over to Mr. Darrow. DARROW: Thank you, Mr. Chairman. This is a review of Special Management Area Use Permit No. 417 and Special Permit No. 1117. This was originally issued to Robert Watkins EXHIBIT B 1 and Jean Sunderland on August 2, 2001, to allow the establishment of a 16-room Hawaiian Permaculture and Wellness Retreat on approximately 5 acres of land. Just for location purposes, this is within the North Kohala District. More specifically, we are looking in between Hawi, which would be located to the west on the left side of the map, and Kapaau, which would be located on the right side of the map or to the east. The project site is identified with a blue outline. Access to the project site has been one of the issues in regards to this review. There are several different accesses that can be used to be able to come to this particular area. Running in a north- south direction on the bottom of the map, we have Akoni Pule Highway. Running in a mauka- makai direction, we have Union Mill Road; this has been one of the accesses that has been prohibited by Special Permit 1117, Condition No. 6. We also have Kohala Nursery Road. And we have Maluhia Road, which is identified within your reading material as the access easement near Union Market. Union Market would be identified in this particular area; it’s a Commercial zoning. Kohala Club Hotel is identified just to the right of the access easement. So the access easement is actually located just between these two facilities. It’s my understanding that within the application there is a reference to School Road; I found out this morning that this is a road near Kohala School identified as Honomakau Road, and this is a road that apparently has been, being used by the applicant with permission from Surety Kohala. Last but not least, we also have Kamehameha Park Road that has been described within the material as well. So at this time, in relation to Condition 6, access from Akoni Pule Highway is to be from either Kamehameha Park Road – but there have been letters within the file, stating that the applicants would not utilize that road – or the access easement near Union Market, which is now called Maluhia Road. Our next slide kind of shows it a little clearer. We have Union Mill Road running in a mauka-makai direction. We have Akoni Pule Highway. And again we have the area where Union Market is identified with the Commercial zoning. And just between Union Market and Kohala Club Hotel is an access easement that connects to Pratt Road and then down to the access to the applicants’ project site. This is a review of the compliance of the Conditions of both SMA 417 and Special Permit No. 1117. And it is also to present information to the Planning Commission of recent enforcement actions that have been taken by the Planning Department. Just for your reference, Condition 6 of Special Permit 1117 states that “Access for the project from Akoni Pule Highway shall be other than Union Mill Road. Access shall be via an easement through either Kamehameha Park or near Union Market. Said drive access shall be improved, meeting with the approval of the State Department of Transportation. The applicants shall improve those portions of Pratt Road and the former cane haul road that provide access to the project site from Akoni Pule Highway with a minimum 20-foot wide compacted gravel surface, prior to the establishment of the proposed retreat.” Additionally, I’d like to mention Condition No. 10 of Special Permit No. 1117, which states “If the applicants fail to comply with the conditions of approval or cause complaints relating to any interference or nuisance and is unable to resolve them with the surrounding community, the Planning Director shall investigate and, if necessary, suspend the permit. The Planning Director shall then refer the matter to the Planning Commission to revoke the permit. Upon appropriate findings by the Planning Commission, if EXHIBIT B 2 the applicants fail to comply with the conditions of approval or has caused any unreasonable interference or nuisance on the surrounding community, the permit may be revoked.” The issues of noncompliance that we are looking at are basically relating to Condition No. 6 of Special Permit No. 1117. This includes using Union Mill Road; we had an incident that we have been able to verify, which occurred after several letters written from the Planning Department to the applicant, stating that if we continue to receive these types of complaints and we validate them, we will refer the matter back to the Commission. We were able to verify that there was a delivery by HPM to the applicants’ property on February 6, 2008. Additionally, the applicant has constructed road improvements on Maluhia Road without meeting the approval of the State Department of Transportation. Just for clarification or to be able to bring to your attention, on the tax maps the access easement that we are looking at -, this is Akoni Pule Highway running in an east-west direction on the bottom of the map. This property is the property that Union Market is located. This is the property that Grant Wilson has been referring to the site of the Kohala Club Hotel. The access easement from the Highway is identified as Easement H, which is 100 feet wide for a distance of approximately 260 feet. From there you’ll see a smaller access easement, which is on the next slide. This is -, from that particular 100-foot access easement, it will proceed from Akoni Pule Highway to Pratt Road. This is identified as an access easement that is 50-foot wide. Within this access area is part of the condition of Condition 6 stating that the applicant shall improve this area with a 20-foot wide compacted gravel surface. Enforcement action that was taken by the Planning Department, a notice of violation was issued on April 4, th 2008, for, as we had spoken earlier, about the access incident that occurred on February 6. Additionally, there was a structure that was built on site without permits. At this time it’s unclear whether or not that structure was located within the SMA or not. If it was, it would require at least an SMA review. Additionally, because this would be the second dwelling structure on the property, it would require an Additional Farm Dwelling Agreement from our office. Additionally, it would require the standard building permits. The Planning Director is recommending, within the recommendation, to give the applicants a period of 6 months to be able to comply with the requirements stated within the March 28, 2006, Department of Transportation comment letter. At that time if the applicants do not comply with this condition, then an enforcement action may be taken to suspend the permits until the improvements are constructed, meeting with the approval of the Department of Transportation. Last, I would just like to bring to your attention several correspondences that we’ve received. This morning we’ve received testimony from Jean Sunderland. Additionally, she has provided an additional topographic map showing a survey of the connection of Akoni Pule Highway to the access easement. We’ve received another letter from the applicant – I don’t see a date on that – but it also had a topographical map of the access easement from the Highway down to Pratt Road; so it kind of shows you the different elevations on that road. We received an updated th comment letter from the Department of Transportation; this is dated April 17. And we’ve received two letters from neighbors of the applicants: one is from Marcus Castaing, this is dated April 18, 2008, additionally Craig Matkin, this is also dated April 18, 2008. I believe that is all the correspondence that we’ve received after this was sent to the Planning Commission. Are there any questions? EXHIBIT B 3 WOODWARD: Jeff, if I might ask -. WATANABE: Mr. Woodward. WOODWARD: Thank you, Mr. Chairman. Excuse my ignorance, but what is permaculture? Is that sustainable agriculture or what? I mean, is that like permanents for your hair? I have no idea. Permaculture, I’ve never heard that term before. Is that sustainable agriculture? Is that what it’s supposed to mean? DARROW: Unfortunately, I’m not familiar with that term as well; so if we could wait for the applicants to come forward, maybe they could explain it in a greater detail. WOODWARD: Okay. DARROW: Thank you. WATANABE: Ms. Siracusa. SIRACUSA: You referred earlier to a cane haul road, and I was wondering if that has a name that is referred to in any way because, you know, when I was reading this originally, I was confused between -, whether Union Mill Road and Union Market Road were the same because of the similarity of the names. Now I understand that Union Market Road is really Maluhia Road. So I’m wondering if this cane haul road has another name that it’s referred to, just so I can keep track of all these different roads and not get them confused with each other. DARROW: It’s my understanding that the former cane haul road referred to in Condition No. 6 -, if you’ll notice, it states from Akoni Pule Highway to the applicants’ property. We are dealing with: Maluhia Road, which is the access easement; so this apparently was a former cane haul road. Pratt Road for this short distance and then Lokahi Road, which again has been named recently, and this Lokahi Road accesses to the applicants’ property. It’s my understanding that they were referring to this entire length from the Highway to the applicants’ property for this particular reference. WATANABE: Yes, Ms. Bowman. BOWMAN: Maybe a point of clarification. The Honopueo Community Association, how many other access -, what is their access? Or is that relevant? I’m just not sure how many landowners there are and all these different accesses, where their accesses are. DARROW: As far as anybody else other than those that have been specifically prohibited by condition would be able to access their properties through Union Mill Road, through -, I’m not sure if Kohala Nursery Road is open, I hear that it is and then I hear it isn’t; so I’m not sure access can be utilized through there. Maluhia Road now is accessible. Additionally, as mentioned earlier, School Road; but it appears you need to have some sort of permission. Then again you have Kamehameha Park Road, which is just to the west. Kamehameha Park Road is a gated road; it seems to be a highly contentious access. So it EXHIBIT B 4 appears that at this time the majority to this particular area are accessing their properties through Union Mill Road and then to Pratt Road, which runs parallel with the ocean, or through Maluhia Road. It’s also my understanding that the Association is trying to bring in water improvements and electrical improvements through the access easement in this particular area as well to come down to the properties for the Association. Maybe – I believe there are members here of the Association – they may be able to give a more clear amount of how many are actually in the Association itself. BOWMAN: Okay. I just was curious. I guess I was confused whether Maluhia Road was specifically for the applicant or for all the landowners there. DARROW: It’s my understanding it’s for all the landowners. But prior to it being improved, it was a difficult access and it’s my understanding, too, that was gated. There were times that I tried to go to that particular area and then there was a gate fronting the access easement. The majority, I would believe, access through Union Mill Road. But again, there are two permits at this time that prohibit access using this road: one is the applicants’ property for the Retreat, as well as Alliance Redwoods, which is located where this dot is. Those particular permits had conditions relating to access; both of those are required to use this Maluhia Road for their access. BOWMAN: One more question. Is Union Mill Road a County dedicated road or a private road? DARROW: There was some information in the file. I believe Councilman Leningrad Elarionoff had tried to move to have the road become a County road, but it appears -, I don’t think that happened. I think at this time it’s still a private road. BOWMAN: Thank you. WATANABE: Any further questions? Okay, Mr. Darrow, I have one other question. I recall reading in the background material that there also was an alleged illegal cesspool as one of the violations. I believe they had agreed to septic system that apparently is not installed yet. DARROW: Yeah, it may be installed at this time. The actual lodge on the property is an 8-room lodge that’s -, originally the applicants had proposed using an aerobic system. They came in after that for an amendment. They were looking at it as being a major overkill for that particular project. And there was an amendment because it didn’t specifically say in the conditions you shall do this; there was a condition stating that the applicants need to conduct their project in a substantial manner to what they represented. So in their application they represented that they were going to utilize an aerobic system. It did get approved through the amendment to be able to utilize a septic system. This particular illegal structure that we are speaking about is probably in this location near the top of the property, the mauka side of the property. It’s not in the “permit area.” And it’s questionable whether or not the representations made meant that they would not use cesspools at all on the property or for that particular project. At this point that’s still a question. But regardless, there was a cesspool utilized for this illegal structure, and again no building permits or other permits were obtained for it. EXHIBIT B 5 WATANABE: Thank you. If there are no other questions, then may I call up the applicants? I’d like to swear you in; so would both of you raise your right hands, please. Do you swear or affirm to tell the truth now before the Planning Commission? SUNDERLAND: I do. SCHULZE: Yes. WATANABE: Okay. I don’t know which one of you – you may lower your hand – I don’t know which one of you intends to begin the testimony, but either one of you, before you begin your testimony, would you state your full name and address for the record, please. SUNDERLAND: I’m Jean Sunderland. I’m one of the owners of this property. My address is Post Office Box 63, Hawi, 96719. WATANABE: Thank you. You may proceed. SUNDERLAND: Please bear with me; I will be reading my testimony. Aloha and thank you for being here today. My family and I are building a Wellness Retreat in Hawi. This review has asked us to address three allegations of failure to adhere to our SMA and Special Use Permits. I will address all three. First -. SIRACUSA: Excuse me. Could you hold your mike closer to your mouth, so I can hear you? SUNDERLAND: Thank you. Is that better? Okay. First, I would like to address the issue of access to our Retreat. As mentioned, there are three legal access roads from Akoni Pule highway to our Retreat. These access roads are Union Mill Road, the Kamehameha Park access road and Union Market Road, or as it’s now called Maluhia Road. In 2001 we actually committed to use Maluhia Road for our access. Between 2001 and 2005 we were under the impression that our use of Union Mill Road was allowed until after the Retreat had been established. Condition 2 of our Special Use Permit indicates that the proposed retreat shall be established within five years of the effective date of this permit. Condition 2 ends its directive by indicating that the applicants shall notify the Planning Department of the completion of required improvements prior to commencing operation of the proposed retreat. And I would like to say that we aren’t yet established; we do not as yet have our certificate of occupancy although we’re very close to applying for that. We felt that the term “established” meant “commencing operation of the proposed retreat,” or receiving our certificate of occupancy, rather than beginning construction. Thus, under our interpretation of our Special Use Permit, we thought that we were free to use the Union Mill Road access until the retreat was ready for operation. In late 2005 we were notified of neighbors’ discomfort concerning our use of Union Mill for construction deliveries. We agreed to stop using Union Mill Road for deliveries. At that time EXHIBIT B 6 we obtained permission from Surety Kohala to use School Road – or, it has a different name, I’m sorry, it was mentioned earlier – to Pratt Road for deliveries. Maluhia Road is now used for all access, including access to parts of our property which are not governed by the SMA and Special Use Permits, in other words, to the property that we are presently farming. We have no intention of using Union Mill Road or Kamehameha Park Road to access the Retreat. Unfortunately, on February 6, 2008, an HPM truck did make a delivery to the Retreat construction site using Union Mill Road. This was a mistake arising out of a miscommunication. We had faxed a map to HPM on February 3, 2008, designating Maluhia Road as the correct access road. We also called Jeffrey Yamamoto who was our usual driver for HPM deliveries to the Retreat, and reminded him that Maluhia Road was the correct access road. Somehow both communications failed to reach the substitute driver, who was filling in for Mr. Yamamoto on th February 6. I’m not sure how this communication error happened. HPM indicated that they thrd didn’t receive the correct map until February 20 rather than February 3. This is especially confusing in light of the fact that HPM had made deliveries using Maluhia Road in both September and October of 2007. While I was alarmed by this discrepancy, I must reiterate that we had no intention of using Union Mill Road as an access for the Retreat after 2005, after we realized that that was being requested of us. Furthermore, HPM has sent to the Planning Department a letter saying that they are now in possession of the correct map, which indicates the proper access for the Retreat is through Maluhia Road. They also promised me that they pulled out all the maps from 2005, so that there can never be a mistake on their part again. All future supply deliveries will be routed through Maluhia Road. I will be faxing them a map with instructions to use only Maluhia Road. And I will also call to confirm that they got it. A copy of each faxed map will be faxed to the County Planning office, so that they are aware of this as well. We do not intend to use Union Mill Road, and will do our best to insure that no future mistakes are made. We are sorry for this concern this mistake must have caused. Second, Department of Transportation certificate of Maluhia Road. Condition 6 of our Special Use Permit indicates that Maluhia Road must meet Department of Transportation certification as part of the Special Use Permit conditions. That, again, must be met prior to us receiving our certificate of occupancy. Because Maluhia Road was built during the plantation days, the Department of Transportation does not have the specifications to which the road was constructed. Due to this they have requested that we tear up the Highway easement and we rework it to commercial standards. The overall improvement to the road will be relatively insignificant, but the cost will be very high. Because of that, we asked the Department of Transportation to reconsider this request. This was a major reason for our delay in compliance with Condition No. 6 of our Special Use Permit. Now, when I wrote this, we had not received the copy of that letter; we just received their letter of reply this morning. So we intend to comply fully with all conditions and will act without delay. We have completed the required surveys, as you can see in your file, and we have hired an engineer, Peter Dahlberg, to do the plans. He met th with the Hilo office of the Department of Transportation on Wednesday, April 16. And he will be submitting plans conforming to the Department of Transportation specifications, and any necessary work will begin as soon as these plans are approved. Again we apologize for this delay. EXHIBIT B 7 The third concern is the current structure, which is being classified as an unpermitted dwelling on the agricultural portion of this property. This shed is outside the SMA and SUP (sic) permit area. No one is living in this building. And we removed the kitchen appliances from this unpermitted structure a number of months ago. We have submitted plans for this structure as- built, and the application number is B2008-1201K. In addition, we will be applying for an additional farm dwelling. This, we are not using as a farm dwelling this shed; we are like using it as a shed. We will notify the County Planning Department as soon as we receive each of our permits. Thank you very much. WATANABE: Do we have any questions for the testifier? Yes, Mr. Woodward. WOODWARD: Thank you very much for your testimony. And that was very enlightening. And I think it’s a testament to the fact that you are trying to meet the requirements, which is what we are looking for. My other question is what is permaculture? SUNDERLAND: I’m happy to share that with you. Many people would think permaculture is organic farming. Permaculture basically is without pesticides, without herbicides; without pesticides, things are grown using rotating crops and cover crops to enrich the soil. WOODWARD: So sustainable agriculture. SUNDERLAND: Absolutely. Our whole Retreat is sustainable. We create our own electricity, we use catchment water, we grow our own vegetables. So very much sustainability, yes. WOODWARD: All right, thank you very much. Thank you for your testimony. SUNDERLAND: You are most welcome. WATANABE: Yes, Ms. Bowman. BOWMAN: I have a question maybe to enlighten the Commission. How many residents or how many people are in the Honopueo Homeowners’? SUNDERLAND: There are 12 different homeowners at present time. BOWMAN: And there are already built structures, their homes? SUNDERLAND: Of those 12 residents, more than – I can’t say for sure – I think there are maybe 6 or 8 that have over the last two years built houses or sheds or some kind of structures, yes. BOWMAN: And so those people can use either Union Mill Road or Maluhia Road, if they are bringing gravel or HPM or any -? SUNDERLAND: Absolutely -. EXHIBIT B 8 BOWMAN: Okay. SUNDERLAND: And have. Primarily they’ve used Union Mill Road to bring trucks and building materials, yes. BOWMAN: Okay, thank you. WATANABE: Yes, Ms. Siracusa. SIRACUSA: At present are you and Mr. Watkins living on the property? SUNDERLAND: We are -, we don’t have our certificate of occupancy; so no one is living on the property. SIRACUSA: Thank you. WATANABE: Any further questions? Is Mr. Watkins going to testify? SUNDERLAND: I don’t think so. WATANABE: Are you going to provide any testimony? WATKINS: No. WATANABE: No? Does that pretty much conclude your -, are you going to provide testimony? SCHULZE: No, I’m not. WATANABE: Okay. Does that pretty much conclude your presentation? SUNDERLAND: Unless someone has other questions. WATANABE: Yes, Ms. Bowman. BOWMAN: Just, maybe a point of interest. He was sworn in, but we don’t know who he is – I don’t. Sorry. SCHULZE: No apologies. My name is Achahn Schulze. I’m representing the Watkins and the Sunderlands in this action. My P. O. Box is 795, Kamuela, Hawaii 96743. BOWMAN: Thank you. WATANABE: Okay. Any other, further questions? Any statements anybody wants to make? EXHIBIT B 9 BOWMAN: Do we have public testimony? WATANABE: Yeah, we do. You may be seated then. I have two people signed up to testify: Bernard Sullivan and Patricia Cameron. Would you come up to the table, please. Both of you signed up. Okay. Would you both raise your right hands, please, so I can swear you in. Do you swear or affirm to tell the truth now before the Planning Commission? CAMERON: I do. SULLIVAN: Yes. WATANABE: Yes. I guess we’ll begin with you, Patricia. And would you state your name and address for the record prior to beginning your testimony. CAMERON: Yes, sir. Good afternoon. My name is Patricia JoAnna Cameron. I am the night manager at the Kohala Club Hotel. My mailing address is Post Office Box 1208 in Kapaau. I have lived there for the last five years. I rarely leave the property. I would say that I am a personal eyewitness to destruction of the property on the left hand side of the Kohala Club Hotel. I’m here to represent the honor of North Kohala. I’m here to represent the honor of the residents of North Kohala. I moved there five years ago -. SIRACUSA: Please speak into the mike closer. CAMERON: Sure. I moved there five years ago after having been a resident of Pebble Beach, Beverly Hills and all of California. I have never ever had to deal with people who have been so disrespectful to their neighbors. That’s Watkins and Sunderland. I have had to have the police on the property four separate times to ask that woman who is sitting right behind me to stop trespassing, getting in my face. They have torn up our stakes, which lined our property. It’s all in the documents that we have presented to you. I have brought you a photo album book that I have personally been threatened over. I have been told not to take pictures. I have had this so- called Watkins’s person in my face with the police standing next to me to protect me. He has lied to me. He has lied to the police. He has lied to Grant Wilson. I am astounded. I am shocked. I am dismayed. And as you can tell, I’m heartbroken. I moved to this island because I believed in it. My parents have lived here for 20 years. I am a kind, generous and just person. I have never had to call the police in my life. I have found this embarrassing and highly disruptive. I can give you all kinds of legal jargon here. I can tell you how they’ve stolen property from people. I can tell you how a gentleman created a Boy Scout camp on his property. These people brought in a bulldozer. That’s their attitude. They have a small town thuggery attitude. I’m not here because I want to be here. I live on the property. This photo album will show you. They literally brought people in at night, morning, evening. Talk to the contractor who’s had $30,000 taken out of his business because they don’t pay his bills. I have literally had to stand on my property and say “Stop the bulldozing.” This road is big enough for cement trucks. You name it. You’re (expletive) right they are taking that. They are driving that right past the Kohala Club Hotel. It can be 5:00 o’clock in the morning. It can be 11:00 o’clock at night. I’m asking you in a personal manner because I’m not an attorney and I don’t want to incur EXHIBIT B 10 that cost today. But please look at the reality of this situation. Please come down and look at what they are doing down there. Do they have a zoning permit for a business? They are going to have some (expletive) illegal hotel down there. I’m old enough to tell you that I’m concerned about fire, I’m concerned about pollution, I’m concerned about that. I’d been in a home health care business for 15 years before I moved here. I know what a fire does. You prove to me that they are the right people to have a business in North Kohala. And the other thing I’ve got to tell you is Mr. Higa died last year. These people have no access; they have no right to the road they built down there. And I have pictures of this thing. It’s almost the size of a 2-lane highway. They lost a cement truck down there one day. I sat there for 5 hours waiting for the cement truck to be dug out. What are we going to do? Wait till some kids to run their cars off the gulch one night? That almost has already happened; we had to get up at 3:00 o’clock in the morning and helped these kids out of the gulch. So I’m not an effective attorney. I didn’t bring a bunch of people with me. But I have heard complaints about these people for the last four years. It’s not fair. We moved to North Kohala for peace, and to be part of a beautiful community. This is the first time I’ve seen that woman when she hasn’t been in my face. So maybe it’s time I got in her face. You know what it’s like to be a nice, polite person, and have to call the cops because somebody standing in your yard, telling you they are going to excavate your old mango tree and they don’t care about your erosion? I’m putting it on line right now because the day my mango trees fall down and that road just slips into the gulch, I want to know who to sue. And Mr. Higa told me it wasn’t him. I’ve talked to the family. These people have no written access; they have no right to that road. And now they’ve destroyed the gulch, they destroyed the entire side of the Hotel. And I personally have to put up with that whole lot of dirt constantly. We have a million-dollar investment. And that side of the Hotel, I don’t think I’ll be able to use in the future. The dirt, the noise, the people, the kids. And she thinks she’s legal. I apologize to all of you. But this has been coming a long time. And I didn’t move here for this. My God, I’ve started my own TV series. I’ve dealt with the public. And I just beg you to come out and look at what these people are trying to do to North Kohala. They are infamous. Do you like to say something, neighbor? SULLIVAN: I forgot what I was going to say. WATANABE: Wait. Wait, wait, wait, wait, wait, wait, wait. Just a minute. Do we have any questions for Patricia? Anyone have any questions? BOWMAN: I have a question. WATANABE: Yes. BOWMAN: You referred to, well, to bulldozers being there and tearing up the road. Maybe not for Patricia, but I think we need clarification if that is a legal easement, if what they are doing is legal, not from -. EXHIBIT B 11 ALAMEDA: Procedural. BOWMAN: Yes. WATANABE: Yeah. ALAMEDA: Real Quick. I think it would be real critical toeither ask our testifier a question or if you don’t have a question, then I think she should be seated. WATANABE: Yeah, we can have her sit down, yeah. BOWMAN: Okay, okay. Because she referred to a bulldozer being there, and I just thought it was legal for a bulldozer to be there, so -. WATANABE: Well -. BOWMAN: I apologize. Thank you. WATANABE: No, well, again, can we focus on the questions for Patricia? Okay. Ms. Siracusa. SIRACUSA: Well, you keep brandishing the album and saying you’ve brought pictures. Would you mind passing them around to us? CAMERON: I don’t want to leave it; it’s my only copy. I’ll put it here on the table. You are all more than welcome to look at it. If I turn it in to you, I don’t get it back, right? DARROW: Procedurally, is that correct? Once it’s part -, shown around the Commission, isn’t it a part of the record at that point? Or can we -? WATANABE: Mr. Torigoe? CAMERON: But they can individually come up and look at this, correct? TORIGOE: Well, at this point actually there is nothing, no particular action that has been asked of the Commission. But if there is some action in the future, that this may be part of the basis of that; then you want to have any pictures probably in the record. If the testifier would like to submit those, then probably the best thing would be to have a set of color copies made and keep that in the record. CAMERON: I’ll be happy to do that for you. TORIGOE: So again, this is just informational; so maybe -. Jeff, I don’t know if it’s practical for you to do that today, or -? WATANABE: Yeah, okay -. EXHIBIT B 12 DARROW: What we can do – I know this was done in the past, as well as sometimes people only bring one set and then they provide us with a set at a later time – so if it pleases the Commission, we can pass this around and then at a later time we can ask her to submit a copy for the Planning Department records. WATANABE: Mr. Woodward. WOODWARD: Mr. Chairman, my understanding is that we are just being asked to vote on a 6-month extension. Is that correct? YUEN: Actually, we are not asking you to vote on anything. WOODWARD: Okay. Well, I’m happy not to do anything. WATANABE: Okay. Let me suggest this, Ms. Siracusa. Since -, I don’t know if there is anyone else interested in looking at the pictures, but because at this point no action is really going to be taken by this body, if you wish to view the pictures, maybe you can view them after we dispense with this issue. And then that would be the simplest because personally I have no desire to scramble through that album. SIRACUSA: Well, I don’t think it’ll be proper for me to look at them and not the other Commissioners, so -. But I should think that if it does come back to us again, I would want to recommend that there be a set of photographs documenting -. WATANABE: Well, let’s hope it doesn’t come back. SIRACUSA: Whatever allegations are being made. WATANABE: Okay -. ALAMEDA: No, that would be -. WATANABE: Do we have any question for -? ALAMEDA: No, just, again, point of clarification, that would be the appropriate action, I think, that is if it does come back again, then it’s available for everybody and not Commissioner Siracusa looking at it all by herself. You know what I mean. I mean, otherwise she’s going to get information we are not getting -. WATANABE: Yeah, but we are not planning to take any action anyway today. ALAMEDA: I know. But you mentioned that if she wanted to, she could look at it after; I think that’s inappropriate. WATANABE: That’s fine. EXHIBIT B 13 CAMERON: I will be happy to provide you with color copies. WATANABE: Okay. So again, last time, any questions? Anyone have any questions for Patricia Cameron? Okay, you may be seated then. CAMERON: Thank you, sir. WATANABE: Okay. Mr. Sullivan, would you state your name and address for the record prior to providing your testimony. SULLIVAN: Yes, I would. I’m Bernard Sullivan. My address is P. O. Box 1203, Kapaau 96755. I’m here today for myself and also for my son who has a property in between myself and the Watkins property. And the first thing I’ll deal with is the building that was talked about, the illegal dwelling. And I would like, in addition to what the Planning Director has recommended, that a survey also be conducted, a boundary survey, because it is our belief that this building is built within the setback of the property. That’s a request of Jesse Acosta who is the property owner next to them, and happen to be my stepson. The other reason I’m here is to say that Jean Sunderland and Robert Watkins have been a thorn in the side of the Honopueo Community Association, which we are both members of; there are twelve members in that. We actually had to put a cease and desist order on the road that Andy was just talking about because they were -, the easement belongs to the Honopueo Community Association and they are moving ahead without our approvals. And so it has been an ongoing trial with these guys. They have special needs that are addressed by their Special Use Permit (sic). The rest of us are just homesteaders. I’ve also got a Special Use Permit (sic) now, too; and so I’m responsible for things, if we move ahead. But I just want to say that in the five years that I’ve known these guys – it’s almost six years now – I’ve come not to trust anything they say. And that is a really sad thing to say about your neighbor. And I’m frustrated. And I want to get along with my neighbor, but it’s just -, it’s been impossible. And I’m sure that, you know, you’ve read the testimonies of other neighbors and people in the Honopueo Community Association. And they are very difficult to get along. I don’t think they are necessarily bad people; however, they have their agenda and they will do whatever it takes to accomplish their agenda. And if that means lying to me or to you, they are going to do that. And you have written testimony from Jean Sunderland, saying that they never use Union Mill Road – this was 2 years ago – and they have continued to use Union Mill Road; they’ve built the whole wellness center using Union Mill Road. They only used School Road a couple of times. It has a gate on it; it is locked most of the time. They only came through King Kamehameha Park one or two times that I know of. Union Mill Road was their primary access. And you know, to say that, the way they read it was that was when the wellness center was open that they couldn’t use Union Mill Road anymore; the way I read that sentence is, it says, “The applicant shall improve those portions of Pratt Road and the former cane haul road that provide access to the project site from the Akoni Pule Highway with a minimum 20-foot wide compacted gravel surface, prior to the establishment of the proposed retreat.” It’s pretty clear. It’s sort of like easier forgiveness than permission. That’s sort of their modus operandi. And I know you guys aren’t voting on EXHIBIT B 14 anything today, but I just wanted to come and state, as a neighbor, how difficult it’s been, though. Thank you. If you have any questions for me. WATANABE: Well, Fellow Commissioners, do you have any questions? Yes, Mr. Iwashita. IWASHITA: I think I’m more of a visual learner than -, even though I’m a lawyer. I’m supposed to read stuff and understand it. I’m having -, and I don’t know Kohala; so can you help me? Your Association, what road is that that goes through your Association, that easement -? SULLIVAN: Lokahi Road goes through my property, and it’s a 50-foot wide easement. IWASHITA: So what does your Association have to do with Union Mill Road? SULLIVAN: Union Mill Road? Union Mill Road is a legal access for my property as is Maluhia Road. IWASHITA: But my question is what does your Association have to do with Union Mill Road. SULLIVAN: Well, Jean Sunderland wrote a letter to the Commissioners saying that it was her neighbors that were doing all the building and using Union Mill Road, and pitted us against our neighbors on Union Mill Road, saying that, oh, it wasn’t us using Union Mill Road, it was these other guys, when in fact it was them. And so it created all this animosity in the neighborhood and it had to be clarified. IWASHITA: So the 12 owners in your Association live where? Sorry. Or have, own land -. SULLIVAN: From below King Kamehameha Park – it’s very difficult -. DARROW: Laser point. SULLIVAN: Okay, from -, I’ll just try to do the perimeter here; it’s roughly like this and then across – I don’t know where the park is – that’s Ainakea, so and then down here like that. I don’t know exactly where the boundaries are but something like that; those are our neighbors. IWASHITA: So that’s the 12 owners -. SULLIVAN: Yeah, there’re 12 parcels in there. IWASHITA: Living in that area. SULLIVAN: That’s correct. EXHIBIT B 15 IWASHITA: And you have -, those 12 owners would access through Union Mill Road?. SULLIVAN: That is correct. IWASHITA: Okay. And Maluhia Road, can you point that out to me again where access is supposed to be for this project? That’s Maluhia Road? SULLIVAN: Yeah. IWASHITA: And that is -, okay. So your testimony is that the applicants have not used Maluhia Road -? SULLIVAN: That’s correct. IWASHITA: Or just -? SULLIVAN: Well, not until recently. IWASHITA: Okay. And this grading that you had to have a cease and desist order, where did that take place? SULLIVAN: That happened by the Kohala Club Hotel. IWASHITA: Can you -? That’s Maluhia Road? SULLIVAN: Maluhia Road, yeah. Right at the Akoni Pule Highway -. IWASHITA: At the intersection? SULLIVAN: Yes. IWASHITA: Okay. And when did that work take place, or when was this cease and desist order? SULLIVAN: It will be 2 years in October, I believe. IWASHITA: Okay, thank you. WATANABE: Any further -? Yes, Ms. Bowman. BOWMAN: I have a question. You mentioned another road that is access to your . houseLoka-? Did you mention that -? SULLIVAN: The school -, no, those are only two roads. BOWMAN: Okay, so either Maluhia or -? EXHIBIT B 16 SULLIVAN: Union Mill. BOWMAN: Union Mill Road -? SULLIVAN: That’s it, yeah. BOWMAN: Is access for -? SULLIVAN: Yeah, Kohala Nursery Road is not an easement for anyone -. BOWMAN: And the park is locked -? SULLIVAN: In our Association. The park is locked, yeah. BOWMAN: Okay. And you are presently using Maluhia Road, and you have before? SULLIVAN: I’m usually on the property all the time; I hardly ever leave. And if I do, if I’m going west, I use Union Mill; and if I’m running up to the hardware store in Kapaau, I use Maluhia Road. BOWMAN: Okay, so property owners use both roads basically. SULLIVAN: Yes, they are allowed to, yes. BOWMAN: Okay. Thank you. WATANABE: Any further questions? Okay, thank you. You may be seated. That’s all the testifiers we have, so -, and we are not being asked to take any action on this. I’m almost afraid to ask for comments. ALAMEDA: How do we come to closure then? What do we say? WATANABE: Well, aloha. Yeah, we are not being asked to -, you know, there is no continued issue. They’re not asking for any action; so it was basically presented to us for informational purposes only. It’s not going to be continued to the next meeting. Unless, of course, this agreement between the Planning Department and the applicant or the recipient of the SMA Permit cannot come to agreements as far as what encompasses compliance. ALAMEDA: Mr. Chair -. WATANABE: And I believe you have 6 months there. ALAMEDA: And is it accurate also that the Department is not interested in our opinion, or -? I mean, if it really doesn’t matter, what’s the -, why are we even discussing it? EXHIBIT B 17 YUEN: No, it’s fine for the Commission – we are not asking for the Commission to take any action – if the Commission wants to have a discussion, that’s fine. And we’ll certainly -, we’re never going to say we are not interested in your opinion. Please. WOODWARD: Mr. Chairman. That was basically the question I have, is why are we discussing this, if we are not discussing this?I mean, why was this brought up? We’re really not being asked to make any action, so why is it here? YUEN: There is a wording of the Permit that talks about bringing it back to the Commission, if there are difficulties. We had a number of complaints about it. This is our -, our approach to the complaints is outlined in the recommendation. We investigated the question of whether the road had been built off of the easement; and it appears at this point that the road is on the easement. That was something that was resolved between the time we put this on the agenda and today. We decided to deal with the illegal dwelling as a separate violation and not tie it to the SMA Permit or the Special Permit. We had these complaints about the use of Union Mill Road. At the point when we put it on the agenda, it certainly had not been satisfactorily explained to us as to why Union Mill Road was used for this delivery. After getting the explanation, we decided to treat that, again, as a violation; and so there’s a separate citation on the violation. That’s not really for the Planning Commission. We just wanted to inform the Planning Commission that we are dealing with it as a violation, not asking for Commission-level action like revocation of the Permit or suspension of the Permit. We’ve issued a citation on that. So that’s my explanation on why it’s on the agenda and but why we are not asking for you to take any action. WOODWARD: Thank you, Mr. Director. WATANABE: Yes, Ms. Bowman. BOWMAN: I have a question. Can you -, the condition 6, I think, it was up there about the improvement of the road? Okay. So, “Access for the project from the Akoni Pule Highway shall be other than Union Mill Road. Access shall be via an access easement through either the Kamehameha Park or near Union Market. Said drive access shall be improved, meeting with the approval of the DOT. …. improve those portions …” So what they are doing – just for my clarification – what they are doing, improving that access at Union Market is what the Planning Department is requiring? YUEN: Right. They had to make an improved road across that easement adjoining Union Market, yes. BOWMAN: Right at the Highway. So -. YUEN: Right, and going in; because although there was a cane haul road in there, it needed to be improved to provide safe access to the users of the site in the future. And what they don’t have is -, right where they come to the Highway, they need approval from DOT for the section that’s in the Akoni Pule right-of-way. EXHIBIT B 18 BOWMAN: Okay. So all the improvements that have been done, which is adjacent to the Kohala Club Hotel, are within that easement, just -? WATANABE: I believe it’s only now been determined that it’s within the easement; it was being contested as to whether it was at the easement. That’s my understanding. YUEN: I can’t say that whether work was ever done outside of the easement; and that’s -, there is a letter from Mr. Wilson, the owner of the Hotel property, where he talks about, he believes that there was work done outside of the easement. However – correct me, if I’m wrong, Jeff – I believe he is satisfied that the current location of the road is within the easement. DARROW: That’s correct. I spoke with him this last week, and he confirmed that at this time the improvements are within this – excuse me – within the 100-foot access easement off of the Highway. Apparently, one of the situations is that – this is Mr. Wilson’s property where the Kohala Club Hotel is – bulldozers that were coming in here apparently were going on his property and creating all kinds of havoc. Additionally, there’re some issues with the cuts that were made by these bulldozers, creating instability along his property. BOWMAN: And, question, this is a legal easement; so anyone could use it? No? YUEN: Well, anyone with the right to the easement can use it. I mean, I can’t, for example. BOWMAN: Okay. So if kids are – I mean, I’m concerned because I’m a resident of North Kohala and just with kids – so if kids go down there and they’re, like they do, off-roading, are they trespassing? YUEN: Yes. Unless they have permission from the holders of the easement, they’re trespassing. Now, there is a public access to the ocean. This Maluhia Road, under the conditions of this Permit, is a public access to the ocean. So people will be able -, and I believe there are 2 parking spaces involved here. So now, you can’t just go ride back and forth on the public access; that’s -, we actually have a rule on use of public access. And then to the question of a 4-wheeler, no; you have to have a registered, licensed vehicle. But once this is open, somebody can, a resident of Kohala can take this and use it as a public access to the shoreline. BOWMAN: “Once this is open” meaning the retreat center? YUEN: Yes. Once it’s in operation -. BOWMAN: Okay, so when they have their occupancy, this will be a public access just to those -? YUEN: Two parking spaces, yes. BOWMAN: But until then, this is a private easement for the Honopueo Homeowners’ and -, well, which includes the Watkins and everyone there, right? EXHIBIT B 19 YUEN: Right. BOWMAN: Okay, thank you. DARROW: Just for Clarification purposes, Commissioner Bowman, earlier you had asked one of the testifiers regarding a road that he had mentioned; he was referring to Lokahi Road. You have Maluhia Road running from Akoni Pule Highway down to Pratt Road. This is Maluhia Road. You have a short distance of Pratt Road. And then there is another mauka-makai road that goes to the applicants’ property as well as the Sullivans’ property; that’s identified as Lokahi Road. BOWMAN: Thank you. WATANABE: Okay. May I ask the applicant -, yes, you may come up, please. And you’ll have your opportunity to respond. So you’re still under oath. SUNDERLAND: Thank you. WATANABE: Would you care to respond? SUNDERLAND: Yes. There was confusion about Maluhia Road initially because the property of the old Kohala Club Hotel had never been surveyed; so when Mr. Wilson purchased the property without a survey, he was under the impression that his property extended differently than what a survey proved. Fortunately, he did have his property surveyed, and at that time that was determined that the entire road was not within his property, as he previously believed. And I think he sent out a letter saying, prior to the survey, saying this road is on my property; and fortunately the survey proves that it is not. And I think there is like – between where the road exists -, where it has always existed and his property line – it’s probably about 6 feet. So that was what that concern was. Any other questions you had for me? But that -, and Mr. Sullivan spoke that -, we obtained -, originally when the Association CC&R were written up, it said that the person that paid for it – which we do, we are paying for about 80 percent of that road – that the people who pay for it were to make decisions about how it is to be done. We contacted the Engineering Division as was prudent. They sent us back the information saying that no grubbing permit was required because it was under a half an acre. And that’s what, when all this happened about people being concerned about the grading, it wasn’t grading; it was actually grubbing. And the bulldozers that were doing the grubbing were never on Mr. Wilson’s property. WATANABE: Yes, Mr. Woodward. WOODWARD: I don’t really have a question; I just have a comment. And I would say obviously we’ve heard a lot of fairly angry testimony. And if this comes back before us, the best thing that you can do is make peace with your neighbors. And that’s going to -, that’s a, you know, collaborative effort. You need to go out to them; and whatever hardship or hard feelings EXHIBIT B 20 there are, it’s much better if you take care of that yourself than have it come before us again with, you know, 16 people that come out here and say you are bad neighbors. So that’s just my suggestion to you. SUNDERLAND: Yes, I thank you for that. And we certainly have asked for mediation, which has not been forthcoming and so -. I agree with you. That’s always the best process. WATANABE: Any further comments? Okay, thank you. You may be seated then. SUNDERLAND: Thank you. WATANABE: Okay. The discussion ended at 12:45 p.m. Respectfully submitted, Noriko Sauer, West Hawaii Secretary EXHIBIT B 21