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Home My WebLink AboutPL-SPP-2022-000016 02.14.23 L. KEALOHA TESTIMONYDeVera, Ashley From: Leila Kealoha <pohakupelemaka@gmail.com> Sent: Tuesday, February 14, 2023 11:39 AM To: WPCtestimony Subject: Written testimony PL -SPP -2022-000016 at Lolia Place Aloha, Please find the attached written testimony in opposition to PL -SPP -2022-000016 at Lolia Place ini Puna. Please let me know if you got my testimony and when the planning commission meeting will be so I can testify in person as well. ® Written Testimony for Special Permit Applicatio... Mahalo nunui, Leila Kealoha Executive Director, Pohaku Pelemaka 13-3749 Old Kalapana Road Pahoa, HI 96778 (808) 937-7991 pohakupelemaka@gmail.com 1 Kealoha-Makuakane-Makua Testimony in Opposition of PL -SPP -2022-000016 at Lolia Place 2.12.2023 Date: February 12, 2023 To: Windward Planning Commission From: Leila Kealoha Re: Written Testimony for Special Permit Application PL -SPP -2022-000016 at Lolia Place Please accept this as my written testimony in opposition to the above referenced special permit application. I was made aware of this special permit application from neighboring parcels which abuts my family cemetery, parcel ID 13002036000. The Special permit project proposal is located less than 2,000 feet from my family cemetery. This is a major concern to my family and 1 as we are always having to ask people to stop accessing our family cemetery by walking pass and through our family burials to access the ocean which is treacherous cliffs. These people are not fishermen and are often found parking their cars next to the burials. have read through the 46 -page application. In my understanding, throughout the entire special permit application it specifically addresses agriculture. I strongly feel like their intentions are not consistent with what they are advertising and promoting on their website, https://www.hawaiiecoretreat.com/. In my research about the property and the Hawaii Eco Retreat center, it is very concerning. On their home page it says " Located just a 10 minute walk from the ocean", under One with nature. The nearest access to the beach is through and around our family cemetery. This is of paramount concern especially with the amount of events and people they would like to invite to their property. 3K. The applicant requests to host retreats of up to 24 participants 1-2 times per month. A maximum of twenty to twenty-five trips, primarily occurring during off peak hours is anticipated on any given day. However, a 15 -passenger van will be provided to transport participants to and from these retreats which has strong potential to reduce that number. Additionally, while the retreats, which are anticipated to last between 5 days and 3 weeks, are in session, the average number of trips would be significantly less as the participants would largely remain on-site for the duration of the retreat. Also, the extent of what they share in their application in reference to the agricultural uses is not consistent with what they are advertising. One of the most concerning is the community agreements: 1 Kealoha-Makuakane-Makua Testimony in Opposition of PL -SPP -2022-000016 at Lolia Place 2.12.2023 Sex -Positive Embody, explore and express our sexual energy in a way that feels safe and consensual for yourself and others. Release the shame surrounding sexual energy by being transparent about your desires. Support all in consensual sexuality for 18+ adults. Take responsibility for your sexual choices and affirm your agency in making choices. Accept all gender and non -gender expressions, sexual orientations, as well as all relationship forms and styles. Participation Make an effort to connect with all people on site. Hold and be held by the community at Monday night share circle. Attend community dinners when possible. Support a sense of humor and playfulness while being sensitive to others. Body Positivity Embrace the natural human body through a clothing optional environment (bottoms must be worn in kitchen and dining lanai). Nudity is not a sexual invitation. It is bad enough that we already have to deal with all the naked people at Kehena everyday and the issues that are related to this place. The Sunday fundays at the Seaview lawn and the pure lack of respect to the local community. It is time for this nonsense to stop! would like to specifically point out the following within their application. P. 29 3F. Archaeological Resources It is unlikely any archaeological resources will be encountered on the property. The subject parcel has been cleared and used for residential and agricultural purposes for many years. However, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease, and the applicant will immediately notify the Planning Department and the State Department of Land and Natural Resources and secure their clearances before proceeding further. P. 31 3H. Valued Cultural Resources In view of Hawaii State Supreme Court's "PASH" and "Ka Pa`akai 0 Ka `Rina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical and natural resources and associated traditional and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the 2 Kealoha-Makuakane-Makua Testimony in Opposition of PL -SPP -2022-000016 at Lolia Place 2.12.2023 shoreline. As such, fishing and/or coastal access is not an issue. Historic aerial photography from 1965 of the area show that the entire subject parcel and nearby areas had been cleared and planted in orchards (Figure 15). It is not known whether the subject parcel or immediate surrounding area have ever been used for the gathering of plants by native Hawaiians. However, given the property's current residential and agricultural use, it would appear very unlikely that the site would serve such purpose today and/or in the recent past. Additionally, there are no known archaeological features on the subject parcel. Based on the above, it does not appear that the project would have any potential adverse impact relating to the cultural and historical resources of this area. It is not good practice to assume anything when applying for a special use permit. In the first highlighted section, this is not true, my family cemetery is located within 2,000 feet of the site location. The surrounding land is a part of larger parcels that once belonged to my family. The Makua and Makuakane `ohana is my grandmother's lineage which hail from. We owned a lot of land within this area and how do people know what may or may not have been on the property if no surveys were done, especially after people have already bulldozed the land? I have had others who bought land from my family, who live just around the corner from the cemetery return poi pounders and other artifacts in the past. One CANNOT assume that there are no artifacts, cultural or historical resources found within the area, especially if it is based on the "Honesty is the best policy" trust system. Our `ohana have gathered for generations within these areas and have been pushed out of our land because of all the development occurring and the rising costs of land taxes. Many of my family members and I are strongly opposed to this Special Permit and the type of development and activities that are being suggested for this parcel. We appreciate your consideration and highly encourage you to not allow this Special use permit to be issued. Please inform me of when the planning commission meeting will be held so my family and I can give public testimony in person. Me ke aloha pumehana, Leila Kealoha (808) 937-7991 kealohaainallc@gmail.com 3 Kealoha-Makuakane-Makua Testimony in Opposition of PL -SPP -2022-000016 at Lolia Place 2.12.2023 4