2023-01-16 Applicant Response to Pomeroy & McIntyre Testimonies

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RESPONSE TO PMEROY AND MACINTYRE LETTERS Public Access information Public access follows Maluhia Road to the parking lot at Hawaii Island Retreat. One walking pathway goes to the cliffs overlooking the ocean and one goes down the old cane road into the gulch, traveling from TMK:5-4-009-014 onto TMI<:5-4-009-020, our farm. On the farm we raise cattle as well as other crops and we practice pasture management with pasture rotation. The public access trail on the farm goes through gates in our cattle fencing. By following the trail, one will come to the gates which may be closed but never locked. We do rotate cattle through these pastures, and inform guests and other visitors to watch the ground for cattle pies. The cattle are friendly and never dangerous. We have 8 signs designated where the public access trails lead. Initially we posted signs on the highway which were removed and replaced by the State Highway Department. Signs on the highway are maintained and regulated by the State Highway Department. Prior to COVID, there were approximately (8) SHORELINE PUBLIC ACCESS designated with signs in North Kohala. During early COVID when parks and beaches were closed,those signs(including ours)were removed. Maluhia Road At the time in 2003, when all the Lots that access Maluhia Road were purchased at a below market rate, it was required that an Association be formed.That Association was to be responsible for infrastructure. Some Lot owners as Ms Pomeroy believed they could use Pratt Road to Union Mill Road instead of Maluhia for access. On their property titles, Pratt Road is not listed as access, and consequently,the owner of the lot that included Pratt Road installed a locked gate to make sure that access was not available.We do not use nor have used Pratt road to Union Mill road nor can anyone use it. In the Association bylaws, Hawaii Island Retreat was to pay 25%of the cost of the road and the remaining Lots collectively pay 75%. Instead,we willingly paid 30%of the coast of establishing a 20 ft wide gravel road, Maluhia Road, and other lots paid 7%each. The Association then decided to add asphalt to Maluhia Road. We again paid 30%of that job, while other paid 7%each. With gravel shoulders,the road continues to be the original width. Each lot owner was responsible for installing their own water line and some chose to lay their water lines on top of the road instead of burying them. These Lot owners need to either bury their water lines or move them over to the edge of the gulch to allow better maintenance of the gravel part of the road. It is true that some drivers prefer to drive down the middle of the road.There are appropriate speed bumps, so only Lot owners and their renters in large SUV's and trucks tend to drive too fast. There are a number of Lot owners with unpermitted additional dwellings that rent to either vacation renters or longer-term renters. It is correct that the Association did not establish any maintenance agreement before dissolving the Association, and thus it seems our maintenance person at Hawaii Island Retreat is the only one that does maintenance. He mows and grates the sides of Maluhia Road every 3 months, as well as grates Lokahi Road which remain gravel.