HomeMy WebLinkAbout2025-05-13 Cindy Freitas Opposition Testimony Item #3 From: cindy Freitas
To: LPCtestimonv
Subject: Thursday,May 15,2025 Leeward Planning Dept meeting
Date: Tuesday,May 13,2025 7:51:11 PM
Attachments: OPPOSE(SMA)Use Permit application PL-SMA-2025-000076 by applicant David Ebenal.docx
OPPOSE#3
May 13, 2025
County of Hawaii
Leeward Planning Department
LPCtestimony2hawaiicoun ov
RE: Agenda Item 9 3
APPLICANT: DAVID EBENAL (PL-SMA-2025-000076)
He Mele komo a he mele aloha no na kupuna o ke au i hala Aloha mai kakou.
Aloha,
My name is Cindy Freitas and I'm a Native Hawaiian descended of the native inhabitants of Hawai'i
prior to 1778 and born and raised in Hawai'i.
I am also a practitioner who still practice the cultural traditional customary practices that was instill in
me by my grandparents at a young age from mauka(MOUNTAIN TO SEA)to makai in many areas.
I'm in Opposition to the Special Management Area(SMA)Use Permit application PL-SMA-2025-
000076 by applicant David Ebenal, which seeks to construct a 4,942-square foot, two-story single-
family residence on a shoreline parcel located at 75-5436 Kona Bay Drive, within the Lanihau Point
Subdivision of Kona Bay Estates, North Kona, Hawaii.
This proposed development raises serious concerns under the provisions of Hawaii Revised Statutes
(HRS) Chapter 205A, the Coastal Zone Management Act (CZMA), and the Hawaii County
General Plan and Special Management Area Guidelines. The concerns are as followed:
The proposed development includes substantial ground disturbance on a shoreline parcel, which may
have significant impacts on natural coastal processes and marine ecosystems. The inclusion of a spa,
lanais, and multiple structural improvements increases the risk of:
• Runoff and sedimentation into the nearshore waters during and after construction;
• Disruption of natural shoreline processes due to hardscaping and impervious surfaces;
• Degradation of marine habitats, including coral reefs and native limu beds, from increased
nutrient loading or chemical runoff.
These effects are contrary to the CZMA's goals of preserving and protecting natural resources in the
coastal zone (HRS §205A-2).
The parcel is located in a historically and culturally sensitive area of Kailua-Kona, with known
traditional and customary practices connected to the shoreline and ocean resources. The area was
historically used by Native Hawaiians for fishing, salt gathering, and religious ceremonies.
Furthermore:
• No comprehensive cultural impact assessment (CIA) or meaningful community consultation
appears to have been completed;
• The proposed development could impede access to shoreline areas traditionally used by Native
Hawaiians, in violation of Article XII, Section 7 of the Hawaii State Constitution and Ka
Pa`akai o Ka `Aina precedent set by the Hawaii Supreme Court.
Without adequate study and protection of Native Hawaiian rights and customary access, the project
must not proceed.
With the proposed construction just steps from the shoreline, this project is highly vulnerable to sea
level rise, storm surge, and coastal erosion. The State of Hawaii and Hawaii County both recognize
the increasing threat of climate change, and shoreline development such as this is inconsistent with
future resilience and hazard mitigation goals.
Approving this development could:
• Set a dangerous precedent for further risky shoreline development;
• Create future liability for the County and State due to property damage or public safety threats;
• Disregard the recommendations of the Sea Level Rise Vulnerability and Adaptation Report
(2017), which discourages new shoreline-intensive development.
The growing trend of luxury, large-scale homes in shoreline areas of Kona contributes to the
gentrification and displacement of local families, as well as environmental degradation. The
proposed residence, with multiple bathrooms, garages, and spa facilities, is not aligned with local
housing needs or sustainable land use planning.
Further, there is no evidence that the applicant has addressed the cumulative impacts of such
development on:
• Water demand;
• Wastewater disposal;
• Emergency services access;
• Community character and cultural landscape.
It is unclear whether neighboring residents, local cultural practitioners, and the broader community
have been adequately informed or given a fair opportunity to voice concerns. Public participation is a
key mandate under HRS §205A-26, and the process must not proceed without meaningful community
engagement and transparency.
Based on the concerns outlined above, I strongly urge the Hawaii County Planning Department and
Commission to deny the SMA Use Permit application (PL-SMA-2025-000076)by David Ebenal. The
proposed development poses significant environmental, cultural, and community risks, and does
not align with the goals and policies of Hawai`'s coastal zone management framework.
Mahalo,
Cindy Freitas