HomeMy WebLinkAbout2023-04-04 PETITION FOR STANDING IN CCH FROM WILLIAM MELTON (PL-CCH-2023-000014_PL-SPP-2022-000018-PL-SMA-2022-000018) PETITION FOR STANDING IN A CONTESTED CASE HEARING
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NAME: William N Melton
ADDRESS: 101 Sarah Drive,Mill Valley,Ca.94941
PHONE NO. 70aM &3142 --------------------------------------- —
APPLICANT/
DOCKET NO.: re ardin s ALW POHAKU HOOMALUHIA LLC(Former Robert Watkins and Jean Sunderland).
(Pl-SMA-2022-000018),Special Permit(SPP 01-000006 and PL-SPP 20222022-000018,Tax Map Key: 5-4-009:014
A. Is your interest in this matter clearly distinguishable from that of the general public?
Yes X No
If the answer is "yes". please explain:
I am physically abutting and adjacent lot owner,(TMK#5-4-009:019 Lot#14)
If the answer is "no". please explain how the proposed action will nevertheless cause you
actual or threatened injury:
B. Are you a government agency whose jurisdiction includes the land involved in the
subject request?
Yes No X
If the answer is "yes", please explain the nature of the agency's jurisdiction:
C. Do you lawfully reside on or have some property interest in the land involved in the
subject request?
Yes No—
If the answer is "yes", please explain:
Appendix A
PETITION F'OR-STANDIUG IN a CONTESTED CASE REARING
(Pagez otzl
D. Are you a person or persons descended from native Hawaiians who inhabited the
Hawaiian Islands Prior to 1778, who practiced those rights which were customarily and
traditionally exercised for subsistence, cultural, or religious purposes?
Yes No X
If the answer is "yes", please submit any genealogical evidence and historical evidence
showing the exercise of those rights to support your statement:
Petitioner!,s-Signature
STATE OF California
SS.
COUNTY OF Marin
On this 7 day of Pf' 20"!, before me personally appeared.
�I'- - M K qr-c.Mt1 to me known to be the person described in and who executed
the foregoing insh ment, and acknowledged that he executed the same as his free act d deed,
}, ERICA Y.JOUBERT
NOTARY PUBLIC-CALIFORNIA
ac.•,. COMMISSION#2381922 2
MARIN COUNTY ota P II . Sate of alifornia
My Comm.Exp.December 3,2025
MY commission expires.
Appendi.xA
April 3,2023
Planning Commission of the County of Hawaii
West Hawaii Civic Center,Council Chambers,Building A,
74-5044 Ane Keohokalole Highway,Kailua Kona
Re:Special Management Area Permit(SMA 01-000003)and Special Permit(SPP 01-000006)Applicant:Ahu
Pohaku Ho'omaluhia,LLC dba Hawai'i Island Retreat,LLC Hanaula,North Kohala,HI,TMK:54-009:014
Dear County of Hawaii Planning Department,
As an immediate abutting neighbor,with shared property line,I oppose this application for further expansion of
HIR.My opposition is due to the negative impacts it will have on our surrounding properties for the reasons listed
below.
However,more specifically I raise the issue of our community's history with this applicant.This applicant's initial
variance request,albeit artfully navigated by Sidney Fuke,has not been respected in practice or principal. In
addition to making expansions beyond those authorized in their initial variance,they have been vigorously litigious,
refusing to take responsibility for either prior agreed or reasonable shared community costs. We must assume future
behavior will reflect history. If for no other reason,we must object to fiuther expansion,logically assuming the
applicant will not be willing to bear their fair share of the costs of the impacts of this requested expansion. We call
out some of those impacts and costs:
Additional car and foot traffic and increased wear and tear and damage to the roads that serve our properties,
including Maluhia,Pratt and Honopueo Roads,and risks of liability to us from the expanded business of HIR.
While we oppose granting the expansion,should it be granted in any part,given our history with this applicant,we
respectfully demand the following measures be clearly and contractually specified in any grant,to mitigate the
negative impacts,and likely the litigious behaviors:
1. Safety:Clear signage should be required regarding safe speed limits on Maluhia and indicating the public
access is a left turn on Pratt after leaving Maluhia. Many times,for lack of clear signage,people looking
for the HIR make a right turn on Pratt and end up in the driveways or homes of our neighboring properties.
2. Maintenance:As Maluhia will be expanded,and therefore putting more pressure and use on Maluhia,
maintenance of Maluhia should be borne principally by HIR as it will be relying on it for its enlarged
commercial uses. Specifically:
• HIR should also be required to keep Maluhia open and free of overhanging vegetation and
clear debris off the side of the road.
• HIR should also be required to weed the side of Maluhia but making sure not to hit water
pipes.
3. Liability:HIR should be required to indemnify neighboring property owners for any claims arising out of
its commercial activities and maintain a liability insurance policy given their"public access mandate"and
name neighboring properties additional insureds.
4. Liquor:HIR's insurance on its liquor license should also be extended to protect and cover adjacent
neighbors.
The expansion of HIR will have significant negative impacts on all of us and we urge action be taken to mitigate
those impacts including likely associated litigation.
Mahalo for your attention and consideration.
William(Bill)Melton
TMK#54-009:019 Lot#14
bill@billmelton.com