First addition to the September 14, 2021 PC Agenda
4444 Rice Street, Suite A473 • Līhu‘e, Hawai‘i 96766 • (808) 241-4050 (b) An Equal Opportunity Employer
PLANNING COMMISSION
DONNA APISA, CHAIR HELEN COX, VICE CHAIR GERALD AKO, MEMBER MELVIN CHIBA, MEMBER FRANCIS DEGRACIA, MEMBER GLENDA NOGAMI-STREUFERT, MEMBER LORI OTSUKA, MEMBER
KAAINA S. HULL, CLERK OF COMMISSION
MEMORANDUM
DATE: September 13, 2021
TO: Planning Commission
FROM: Clerk of the Commission
SUBJECT: 1st Addition to the 9/14/2021 Planning Commission Agenda
F. HEARINGS AND PUBLIC COMMENT
2. New Agency Hearing
a. SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-1), CLASS IV ZONING
PERMIT (Z-IV-2022-1), and USE PERMIT (U-2022-1) = Phillip J. & Linda M.
Green.
4. Letter (9/9/2021) from Puakea Mookini-Olivera.
5. Letter (9/9/2021) from Marianna Milbrand.
6. Letter (9/9/2021) from Stephanie Stewart.
7. Letter (9/9/2021) from Ann Eu.
8. Letter (9/10/2021) from Philip Green.
9. Letter (9/10/2021) from Kahanu Keawe.
10. Letter (9/10/2021) from Paige Guglielmana.
11. Letter (9/10/2021) from Donald Maurer.
12. Letter (9/10/2021) from Lauren Esaki-Kua.
13. Letter (9/10/2021) from Mia Melamed.
14. Letter (9/11/2021) from Kai Harrison.
15. Letter (9/11/2021) from Sarah Barger.
16. Letter (9/11/2021) from Edelle Sher.
17. Letter (9/11/2021) from Amanda Elizabeth.
18. Letter (9/11/2021) from Christene Reale.
19. Letter (9/11/2021) from Ken Carlson.
PAGE 2
20.Letter (9/11/2021) from Katherine Alexander.
21.Letter (9/11/2021) from Ruta Jordans.
22.Letter (9/11/2021) from Leslie Larch.
23.Letter (9/11/2021) from Jennifer Kaui Young.
24.Letter (9/11/2021) from Sierra Dew.
25.Letter (9/11/2021) from Kirk Francis.
26.Letter (9/11/2021) from Roberta Williams.
27.Letter (9/11/2021) from Lisa Insalata.
28.Letter (9/11/2021) from Paul Greenland.
29.Letter (9/11/2021) from Richard Waxman.
30.Letter (9/11/2021) from Christa D. McLeod.
31.Letter (9/11/2021) from Brittni Brooks.
32.Letter (9/11/2021) from Eve Dion.
33.Letter (9/11/2021) Mauliola Cook.
34.Letter (9/11/2021) from Crystal Jones.
35.Letter (9/11/2021) from Jill Lowry.
36.Letter (9/11/2021) from Leslie Brook Wingate.
37.Letter (9/11/2021) from B.A. McClintock REDAHI.
38.Letter (9/11/2021) from Iyan Sandri.
39.Letter (9/11/2021) from Gary E. Smith.
40.Letter (9/11/2021) from Laurel Brier.
41.Letter (9/11/2021) from Mike Lewis.
42.Letter (9/11/2021) Kynzie Craver.
43.Letter (9/11/2021) from Jenifer Higginbotham.
44.Letter (9/11/2021) from Bryan Nakamura.
45.Letter (9/1/2021) from Kalaukieleula Hergenrader.
46.Letter (9/12/2021) from Nafisseh Soroudi, PhD.
47.Letter (9/12/2021) from Jarrae Tehani Manasas.
48.Letter (9/12/2021) from Donna Janulaitis.
49.Letter (9/12/2021) from Molly Mamaril
50.Letter (9/12/2021) from David K. Sproat.
51.Letter (9/12/2021) from Ashley Gutierrez.
52.Letter (9/12/2021) from Fern Anuenue Holland, BSc, Hawai‘i Alliance for
Progressive Action, Community Organizer.
53.Letter (9/12/2021) from Kalani Akana, PhD., Kumu Hula.
54.Letter (9/12/2021) from Phil Green.
55.Letter (9/12/2021) from Walter Ritte, Aina Momona.
56.Letter (9/12/2021) from Mikala Stover.
57.Letter (9/12/2021) from Madeline Guyett.
58.Letter (9/12/2021) from Derek Gill.
59.Letter (9/12/2021) from Natalie Haneberg.
60.Letter (9/12/2021) from Bonnie P. Bator and Ohana.
61.Letter (9/12/2021) from Jacqueline OKeeffe Gill.
62.Letter (9/12/2021) from Pamela Frierson.
63.Letter (9/12/2021) from Bruce Whale.
PAGE 3
64.Letter (9/12/2021) from Wayne Tanaka.
65.Letter (9/12/2021) from Anne Torio.
66.Letter (9/10/2021) from Brea Torio.
67.Letter (9/10/2021) from Callie Worley.
68.Letter (9/10/2021) from Gianna-leigh Contrades.
69.Letter (9/10/2021) from Breezy Longley.
70.Letter (9/10/2021) from Kira Szegda.
71.Letter (9/10/2021) from Makoa lord Alapai.
72.Letter (9/10/2021) from Tierra Andrew.
73.Letter (9/10/2021) from Po‘okela Brown.
74.Letter (9/10/2021) from Anaualeikupuna Vaughn.
75.Letter (9/12/2021) from Kirstie Daly.
76.Letter (9/12/2021) from Joell Edwards.
77.Letter (9/12/2021) from Jessica Kuzmier-Bauer.
78.Letter (9/12/2021) from Wahinepoaimoku L. Nahale-a.
79.Letter (9/12/2021) from Sarah Wright.
80.Letter (9/12/2021) from Patti Valentine.
81.Letter (9/12/2021) from Jordan Lemke.
82.Letter (9/12/2021) from Chris Moore.
83.Letter (9/12/2021) from MeleLnai Llanes.
84.Letter (9/12/2021) from Ms. Pua Laa.
85.Letter (9/12/2021) from Patrice Asuncion.
86.Letter (9/12/2021) from Timothy Asuncion.
87.Letter (9/12/2021) from Kristalyn Mersberg.
88.Letter (9/12/2021) from Mavi Kaneg.
89.Letter (9/12/2021) from Janelle Peotter.
90.Letter (9/12/2021) from JoAnne Kaona.
91.Letter (9/12/2021) from Janice McKeachern.
92.Letter (9/12/2021) from Zoli Wall.
93.Letter (9/12/2021) from Conrad Mathews.
94.Letter (9/12/2021) from Shastin Grace Snyder.
95.Letter (9/12/2021) from Kelsey Olena Molina.
96.Letter (9/12/2021) from Elijah Frank.
97.Letter (9/12/2021) from Robert and Marion McHenry.
98.Letter (9/12/2021) from Shyla (Kaninau) Villanueva.
99.Letter (9/12/2021) from Kelvin Ho.
100.Letter (9/12/2021) from Ned Dana.
101.Letter (9/12/2021) from Jason Molina.
102.Letter (9/12/2021) from Annmm@juno.com.
103.Letter (9/12/2021) from Kyle L. Kaeleleokalani Peru.
104.Letter (9/12/2021) from Michelle Acob-Apana.
105.Letter (9/13/2021) from Erin Pickett.
106.Letter (9/13/2021) from Shelley Muneoka.
107.Letter (9/13/2021) from Lauralee Yadao.
PAGE 4
108. Letter (9/13/2021) from Lorilani Keohokalole; J. Kapule Torio, Jr.;
Kawaiolaakapulelani K. Torio; Pilipaakapoli K. Torio; Lauaekamawaelualani K.
Torio.
109. Letter (9/13/2021) from Philip Kitamura, Graduate Assistant, Hawai‘i
Wildlife Ecology Lab, Department of Natural Resources and Environmental
Management, University of Hawai‘i Mānoa.
110. Letter (9/13/2021) from Sarah Dooley.
111. Letter (9/13/2021) from jesseogkauai@gmail.com
112. Letter (9/13/2021) from Emma Chidgey.
113. Letter (9/13/2021) from Lilia Merrin.
114. Letter (9/13/2021) from Julie Schuller.
115. Letter (9/13/2021) from Jessica Spichalova.
116. Letter (9/13/2021) from Brandon Barnett.
117. Letter (9/13/2021) from Saul Rosa.
118. Letter (9/13/2021) from Susan Stayton.
119. Letter (9/13/2021) from Deanna Kanehe.
120. Letter (9/13/2021) from Marina Drummer.
121. Letter (9/13/2021) from Julie DeMond.
122. Letter (9/13/2021) from Adam Lang.
123. Letter (9/13/2021) from L. Kehaulani Kekua.
124. Letter (9/12/2021) from Meleana Estes.
125. Letter (9/13/2021) from Devin C.K. Forrest.
126. Letter (9/13/2021) from Michelle Betz.
127. Letter (9/13/2021) from Jeremiah Ryan.
128. Letter (9/13/2021) from Tamra Martin Moriguchi.
129. Letter (9/13/2021) from Lila Martin DeBenedetti.
130. Letter (9/13/2021) from Meredith Cross.
131. Letter (9/13/2021) from Leipuaahi Wann.
132. Letter (9/13/2021) from Leah Thayer.
133. Letter (9/13/2021) from Dennis O’Shea.
134. Letter (9/13/2021) from Leah Kamoiokalani Sausen.
135. Letter (9/13/2021) from Moana McReynolds.
136. Letter (9/13/2021) from Vanessa Lluellen.
137. Letter (9/13/2021) from Malia Locey.
138. Letter (9/13/2021) from Michelle Smith.
139. Letter (9/13/2012) from Brooke Friswold.
140. Letter (9/11/2021) from Linda Shigeta.
141. Letter (9/11/2021) from Mike Coots.
3. Continued Public Hearing
a. ZA-2021-2: Kaua‘i County Council.
42. Letter (9/8/2021) from Lorraine Mull.
43. Letter (9/8/2021) from Dorothy Perry.
PAGE 5
44. Letter (9/8/2021) from Ingrid Kelly.
45. Letter (9/8/2021) from Joel Mellema.
46. Letter (9/8/2021) from Carl and Sandra Wright.
47. Letter (9/8/2021) from Kent and Jane Oehm.
48. Letter (9/8/2021) from Shelly and Goddard Paialii.
49. Letter (9/8/2021) from David Wilmot.
50. Letter (9/8/2021) from Patricia Dryden.
51. Letter (9/8/2021) from Patricia Dryden.
52. Letter (9/9/2021) from Jessica Gormley.
53. Letter (9/9/2021) from Mike and Sue Parry.
54. Letter (9/9/2021) from Paula Holland.
55. Letter )9/10/2021) from Tommy Thompson.
56. Letter (9/10/2021) from Chery Haines.
57. Letter (9/10/2021) from John Forrest.
58. Letter (9/10/2021) from Joy Brahmst.
59. Letter (9/10/2021) to John Forrest from Lorraine Mull.
60. Letter (9/10/2021) from Kathleen Hafner.
61. Letter (9/11/2021) from Larry M. Day.
62. Letter (9/11/2021) from Doug and Cheryl Ludolph.
63. Letter (9/11/2021) from Lisa Insalata.
64. Letter (9/11/2021) from Gary Mahon.
65. Letter (9/11/2021) from Catherine Steinmann.
66. Letter (9/11/2021) from Debbie Goodwin.
67. Letter (9/11/2021) from Andy and Fran White.
68. Letter (9/11/2021) from Stefan Ennals & Ina Tio-Ennals.
69. Letter (9/11/2021) from Carolyn Padgett.
70. Letter (9/11/2021) from Lisa Vitorelo.
71. Letter (9/11/2021) from Jessica Schilling.
72. Letter (9/11/2021) from Ronald and Rosemarie Stone.
73. Letter (9/11/2021) from Linda Breitstone.
74. Letter (9/11/2021) from Gary Mahon.
75. Letter (9/11/2021) from Eric Wright.
76. Letter (9/11/2021) from Akiko and Nobumasa Sakabami.
77. Letter (9/11/2021) from Mandy and Jim Jowett.
78. Letter (9/11/2021) from Sue Mings.
79. Letter (9/11/2021) from Robin Yost.
80. Letter (9/11/2021) from Sylvia Partridge.
81. Letter (9/11/2021) from Anne Thurston.
82. Letter (9/11/2021) from Janis R. Slack.
83. Letter (9/11/2021) from Kenneth Carlson.
84. Letter (9/11/2021) from Carolyn and Roland Misajon.
85. Letter (9/11/2021) from Karla Bailey.
86. Letter (9/11/2021) from Mark Gauthier.
87. Letter (9/11/2021) from Valerie Owen.
88. Letter (9/11/2021) from Friedrich Walter and Elisabeth Gesell.
PAGE 6
89. Letter (9/11/2021) from Robert G. Pollock, Jr.
90. Letter (9/12/2021) from Janis R. Slack.
91. Letter (9/12/2021) from David Smith.
92. Letter (9/12/2021) from Ken and Marianne Minor.
93. Letter (9/12/2021) from Hob Osterlund.
94. Letter (9/12/2021) from Kirsten Knick.
95. Letter (9/12/2021) from Barbara Wiedner.
96. Letter (9/12/2021) from Grace Hodgson and Steve Perry.
97. Letter (9/12/2021) from Laura Ramirez and the Bettencourt Family.
98. Letter (9/12/2021) from Michael Shandling.
99. Letter (9/12/2021) from Emmaleah Stauber.
100. Letter (9/12/2021) from Marie Owens.
101. Letter (9/12/2021) from Janet Ramatici.
102. Letter (9/12/2021) from Barbara Levin and David Zacarias.
103. Letter (9/12/2021) from Jane Schmitt and Richard Crack.
104. Letter (9/11/2021) from Alissa Kallenberg.
105. Letter (9/12/2021) from Bill Schilling.
106. Letter (9/12/2021) from Susan A. Wilson.
107. Letter (9/12/2021) from Debbie Schenker.
108. Letter (9/12/2021) from Heidi and Fred Schroeder.
109. Letter (9/12/2021) from Wallace Wilson.
110. Letter (9/12/2021 from Jeff Mull.
111. Letter (9/12/2021) from Susan A. Wilson.
112. Letter (9/12/2021) from Susan A. Wilson.
113. Letter (9/12/2021) from Shelly Ludolph.
114. Letter (9/12/2021) from Linda Silverberg.
115. Letter (9/12/2021) from Karen and Kenneth Morales.
116. Letter (9/12/2021) from Janet C. Bernard.
117. Letter (9/12/2021) from Andrea Slevin.
118. Letter (9/12/2021) from Donna Holevoet.
119. Letter (9/12/2021) from Robert and Marion McHenry.
120. Letter (9/12/2021) from Janice McKeachern.
121. Letter (9/12/2021) from Conrad Mathews.
122. Letter (9/12/2021) from Ron Wright.
123. Letter (9/12/2021) from Debra Drayton.
124. Letter (9/12/2021) from David Platshon.
125. Letter (9/13/2021) from Joanne Little.
126. Letter (9/10/2021) from Maylette Garces, General Manager, Princeville
Community Association.
127. Letter (9/10/2021) from Beryl Blaich.
128. Letter (9/13/2021) from Claire Vierkoetter.
129. Letter (9/13/2021) from Teresa Tico.
PAGE 7
I. GENERAL BUSINESS
1. Consideration of a Settlement Agreement in a legal case captioned: In the Circuit
Court of the Fifth Circuit, State of Hawai‘i: Michael Kaplan, Trustee of the Michael
A. Kaplan Revocable Trust, dated August 12, 1992, Appellant v. County of Kaua‘i
Planning Commission and County of Kaua‘i, Appellees; Civil No. 5CCV-21-0000057
(Agency Appeal) (settlement under Court Seal).
c. Letter (9/13/2021) from Eric Taniguchi.
d. Petition for Intervention; Declaration of Charles Somers; Declaration of Counsel;
Exhibits “1” – “17”; Certificate of Service.
e. Applicant Michael Kaplan’s Objection to Petition for Intervention, dated
September 13, 2021 and request for Hearing; Exhibits “1”- “2”. Re: Settlement
Agreement and Consideration of Class IV Zoning Permit (Z-IV-2021-8) and Use
Permit (U-2021-7); Related Property: TMK: (4) 5-2-012:019.
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Puakea Mo'okini-Oliveira <puakeamookiniofiveira@gmail.com>
Thursday,September 9,2021 7:40 PM
Planning Department
RE:Sept 14th Meeting (Item 2a:Special Management area Use Permit,Use Permit &
Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11 -A)
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Puakea Mo'okini-Oliveira
HaIele'aResident
Master's of Environmental Management Candidate
University of Hawaii at Manoa
09/09/2021
RE:(Item 2a:Special Management area Use Permit,Use
Permit &Class IV Zoning Permit for Sea Cliff Plantation
Subdivision Lot 11-A)
Aloha e Kaua'i PIanning Commission,
My name is Puakea Mo'okini-Oliveira.I am submitting testimony in regards to aforementioned action Item 2a:
Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea CliffPlantation Subdivision Lot 11-
A.I was bom and raised on O'ahu where experiencing native seabirds required much more than a drive down a marked
road,unlike the KTlauea National Wildlife Refuge near Nihoku Crater.In fact,one of my earliest memories of visiting
Kaua'i in my adolescence takes place at this famed spot.I was in awe of the fantastical sights of koa'e 'ula flying
backwards showing off their courtship dance,the sounds of nene gawking overhead -instinctively ducking trying to avoid
the guano-the smells of the 'ehukai being draped upon Wowoni point.I did not know much about seabirds then.It took
me going home and speaking with my Tutu Gina Mokihana to remember the native manu I saw there.But you see,it was
my Tutu that helped with the designation of the Papahanaumokuakea Marine National Monument (PMNM),otherwise
known as the Northwestem Hawaiian Islands.These atolls are infamous for their vibrant waters,choked with native,
large,and curious fish...blanketed by honu and monk seals going to pup,and millions and millions ofnative seabirds such
as the Laysan and BIack-footed Albatrosses,Wedge-tailed Shearwaters,Red-tailed and White-tailed Tropicbirds,
Frigatebirds,and the endangered Koloa Duckjust to name a few....
From 2017 to 2019 I was a biological field technician and field crew lead for the Maui Nui Seabird Recovery
Project,and for the U.S.Fish and Wildlife Service,Midway Atoll within PMNM.From my experience in these settings,I
can without reservation say that the proposed house would be a detriment to the existing populations of nesting seabirds
on the cliffs of Nihoku.As many testimonies are bound to tort,I emphasize,not only will construction alone pose a threat
to the native seabird communities,but ofthe geologic and cultural integrity as well.Much of my duties at MNSRP was
recovering "downed seabirds"which is particularly high during "Fallout season",occurring when reproductive adults
retum from their arduous joumey across the North Pacific.The birds did not evolve with natural predators -or with
human technological advances,such as artificial light.Like our ancestors,who used the stars and galaxy to traverse
oceans,these birds use the sky as their map on theirjoumey home.Unfortunately,artificial lights confuse seabirds -again
not evolved to understand them -and are disoriented.This leads to the ultimate crashing of seabirds into themselves,
telephone poles,power lines,windows,cars,etc.,.On Midway we were required to only use red flashlights in the evening
as to limit the amount of disturbance to the birds.Will the proposed home be equipped to only emit red or amber colored
lighting at night?Will they effectively close their blinds before sun-down to ensure no bird crashes into their glass
windows?I am highly skeptical that even if these actions are required,that EF for some extreme reason the permit for this
build is approved that this will be regularly enforced.The proximity to the nesting seabirds is far too close^
r-
220
"f?^
SEPH
Furthermore,this crater is the bearer of many oli and stories that the people of KTlauea and beyond so deeply
recognize and honor.It is here that a group of my friends and kumu gather as cultural practitioners for ceremony during
important celestial events.
Lastly,it is vital that the Planning Commission appeal to the sensitivities and testimonies ofthis community in a
matter of public trust.The cultural,ecologic,and genealogical importance of Nihoku within KTIauea is untouchable.And
as such,the area should continue to be upheld as a natural land use designation and Scenic/Ecologic Resources Special
Treatment Area.Thank you for your consideration.
AIoha 'aina 'oia'i'o,
Puakea Mo'okini-Oliveira
221
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Marianna Milbrand <annaonkauai@gmail.com>
Thursday,September9,2021 10:35 PM
Planning Department
Sea Cliff
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Aloha planning commission Chair Apisa,Vice chair Cox,Kauai planning commissioners,Director,and Deputy Director.
My name is Marianna and I'm writing to you in opposition of the special management permit and class IV zoning permit
for seacliff plantation lot 11-A.
This carries Unique ecological value to our KTIauea Community and would destroyed or at risk ofthis project is to go
through.There is also historical significance that plays a big part in public and community use.1 urge you to take into
account the wildlife that resides in this area,and the amount of LOCAL people that would be heartbroken and unhappy
with this decision.Would someone really want to live there and be unwelcomed in that town ?As a north shore
community we feel like we're being overrun by transplants coming into the area and buying precious land,using
resources and not contributing or participating as active community members.It is very important to all of us and would
not like to see similar things happen in the future with other buyers/developers in other parts of our island.PLEASE for
once,just choose the people and things who make these places so amazing over the people with money.Mahalo.
^^.fl.^5rSFPJ4202f
219
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Stephanie Stewart <stephanieroselani@gmail.com>
Friday,September 10,2021 7:13 AM
Planning Department
NIHOKO ~craterhill
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy &
Staff:
My name isStephanie Stewart,residentofthe North ShoreofKaua'i mywhole life.1 am testifying inthe opposition to
the requested Special Management use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.
The land carries multiple protective land use designations and layers designed to protect scenic and ecological resources
of unique value for the public.We support the applicants right to build on the site.However,the purposed house and
accompanying development are much too large and improperly situated for the ecological and aesthetic sensitivity of
the site.In order to protect against irreversible negative impacts,I ask the planning commissioners to deny the
requested permits.Thank you for your time and consideration.
Much Aloha
Stephanie Stewart
Sentfrom my iPhone
^.a.<f
SEP 1 4 2021
218
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Ann Eu <anneu11@gmail.com>
Friday,September 10,2021 7:32 AM
Planning Department
Proposed house on Nihoku
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kauai Planning Commissioners,
My name is Ann Eu,1 am a resident of Kauai for the last 20 years.Nihoku (Crater Hill)is important to my family and 1
because it is the iconic and guardian presence above the area where we spend the most time together,and where we
surf,fish and gather.1 also work at Kahili Beach Preserve as a Steward and Educator with Hawaii Land Trust.We strive
to provide educational opportunities for keiki from many schools on island where they may learn about land
preservation and conservation,river-mouth and estuary ecology,as well as native seabird habitats,behaviors and
migration patterns.1 am very concerned that the proposed house would impact seabirds who call the area home.
1 also stronglyfeel thatthis housewould forever ruinthe experienceofthisvital place,the mostvisible partofthis
majestic and highly culturally significant peak above Kilauea,for future generations of Kilauea and Kauai young people.
The house is much too large and located far too high up the mountain,min a sensitive area that should not be built upon
at all.1 am asking the planning commission to please deny permits to build the proposed house.
Thank you so much for all you do for island of Kauai.With much aloha,
Ann Eu
Sent from my iPad
^/)-CT1.•'
^\4 202Y
217
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
mcconnell.db@hawaii.rr.com
Friday,September 10,2021 7:59 AM
Planning Department
'Philip Green';'David Rossiter'
Planning Commission Hearing
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
Reference:SMA 2022-1 Aloha Planning Department -Please allow me the opportunity to speak at your
upcoming meeting.Mahalo -Don McConnell (mcconnell.db@hawaii,rr.com )or 808-828-6188
From:Philip Green <pjgreen.jr@gmail.com>
Sent:September 9,2021 9:22
To:David Rossiter <drossiterl34@gmail.com>
Cc:Don McConnell <mcconnell.db@hawaii.rr.com>;ginny shinn <shinnproperties@gmail.com>
Subject:Re:Planning Commission Hearing
David:
Thank you for the offering.How it is going to work as you request to olanningdeoartment@kauai.eov and reference
SMA 2022-1 to speak.It is for 3 minutes only.The Planning Department sends you a link to speak and then they shut
your video off and that's it.
We are still working with the anti s and so far have agreed to move our house down 60 and they want us to move
towards Olivia's some.If we dont come to an agreement by today or tomorrow the Planning Department is going to
defer our hearing until next month.The County is afraid of lawsuits...hence we need to agree with people that somehow
control our destiny or they can intervene to the Planning Commission by sending us on a 2-3 year rabbit hole with the
State courts.1 will know by the weekend.But if you or Stephan want to talk on our behalf,please request that in your
letter.
Thanks,
Phil
On Wed,Sep S,2021 at 11:20 AM David Rossiter <drossiterl34@gmail^sm>wrote:
Aloha Don,
Phil has letters from Seacliff representing our review of the project but we don't have anyone currently scheduled to
attend the virtual meeting on Sept 14th.
If Phil thinks it would be helpful,Stephan (as DRC)or 1 would be happy attend to represent Seacliff.
You are well known and respected in the community.I'm sure Phil would appreciate any local support (from a
neighbor)he can get.
David
Sent from my iPhone
215
•f1.<»<-
ISEP14 202|
On Sep 7,2021,at 12:11 PM,mcconnell.db@hawaii.rr.com wrote:
Who is representing Seacliff at this event??Regards -Don
From:Philip Green <piRreen.ir@email.com>
Sent:September 6,202112:55
To;Don McConnell <mcconnell.db@hawaii.rr.com>
Subject:Planning Commission Hearing
Don hope all is well.
Our Planning Commission hearing to build our home in Seacliff is September 14,2021 at 9 am.
The meeting will now be virtual because of Covid.If you have comments please email to:
Dlanninedeoartment@kauai.Bov and reference SMA 2022-1.In that email you can request a phone call
into the meeting.They would send you a link.
I have attached the original notice.
Thank you,
Phil &Linda Green
<SeacliffGreen SMA Notice.pdf>
Thankyou,
Phil Green
216
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Kahanu Keawe <kahanukeawe@gmail.com>
Friday,September 10,2021 8:10 AM
Planning Department
Testimony Nihoku (Carter Hill),Please deny permits for the propoed house
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners,
'O Kahanu Keawe ko'u inoa.No Anahola,Ko'olau,Kauai mai au.1 am writing to share my aloha and desire to malama
Nihoku (Crater Hill).This place has become more important to myself,my family and our community as we have come
to learn more about it and spending time there.Spending time there is one of the key ways to build pilina
(connection/relationship).1 have spent time there with the kia'i caring for the area,attended with school groups,
participated in cultural protocol,and sang mele for this place there.1 wanted to do this because my kupuna were from
this area and have cared for it before me.
There is an 'olelo no'eau,Ma ka hana ka 'ike (S2088)In working one learns.Then you can also add afteryou hana
(work),that work you did turns into 'lke (knowledge)becoming,Ma ka 'lke ka hana.1 feel this is applicable to this
current situation.We have seen over the years of development in Hawaii certain places should never have been given a
permit to build.We as kanaka were not aware of the process and what was going on until it was to late,permits given
and the structure is going up.
1 feel that 'lke (knowledge)can be used to inform our hana (hana)in this current request to build a 12,000 sq ft home on
Nihoku.This place will forever be changed by this permenant structure.The decision that is made now will forever
impact this place and the experience we and our future generations will have with it.
For example,prior to the floods and closing of the road,then later COVID shut downs,many local families did not go to
specific high tourist areas because you could not get parking and there were so many people there.We didn't get to
experience the actual place.When those aspects were removed and you could go to those places and experience the
place,it was magical.Those magical experiences forever changed the pilina myself and my 'ohana have with those
places.1 feel the same will be for Nihoku.That specific home in the planned location will change the area and the
experience with that area.
It feels like the windmills in Kahuku on Oahu.1 couldn't believe when we turned the point in Haula driving out to the
North Shore on Oahu and you could see them large and looming over the 'aina.1feelthat area is forever changed and
now 1 understand why there was so much protest against those being installed.Then when you drive through Kahuku
town they are right there behind the school.We are at a place where we can prevent something like that from
happeningon Nihoku.
If we could go back in time to protect this area so it couldn't even be bought to be developed,1 would want to.Knowing
that that is impossible our best hope is for our planning commission to deny the permit.That home can be built in
another location.Yes the view from the home wont be the same if built in another location.A view for a few people
versus preserving a place that is significant and important to our culture and community.We are also part of an
ecosystem our actions with have impact on the community members who cannot submit testimony like plants,birds,
insects,to name a few.
213
r.<3.-^;
Sy \4 2021
The current house plan is set too high on the hill and is too large for the area.There is a current home built on the
property right next that has a hedge where the home is almost hidden by it when driving up the hill.This current
proposed home will take over and dominant the view.Everyone will see it first and wonder all the different questions
about the home and not the place.Plus this area just should not be built upon.Please kokua (help)our community.
1 am asking the planning commission to please deny permits to build the proposed house.
Mahalo nui no kou malama no Kaua'i a me Nihoku (Mahalo for your caring of Kaua'i and Nihoku).
Me ka ha'aha'a (With humility),
Kahanu Keawe
Mahalo,
Kahanu
214
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Paige Guglielmana <paigexgug@gmail.com>
Friday,September 10,2021 10:20 AM
Planning Department
Protect Nihoku (Crater Hill,Kilauea)
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Paisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners,
This letter is in regards to AGENDA ITEM:2.NEW AGENCY HEARING
a.special management area use permit (SMA(U)-2022-1)CLASS IV ZONING PERMIT9Z-IV-2022-1)AND USE PERMIT (U-
2022-1)for the construction of a farming unit,guest house,garage and associated site improvements within lot 11-A of
the Seacliff Plantation Subdivision in KTIauea
My name is Paige Guglielmana.Nihoku (Crator Hill)in KTIauea,is important to my family and I because1 grew up in
KTIauea and appreciate and respect its preserved natural sights.As Kilauea develops more with the addition ofthe new
shopping center.It has been great to see land being used to better our natural resources such as the agg park and also
still see empty lots preserved naturally.Nihoku and the rest of the Wild Life Preserve,such as Kahili,with the community
efforts to preserve native plants and the bird sanctuary are vital important features in KTIauea town.These are spaces
held important for the entire community and island,not just individual.l am concerned that the proposed house would
impact seabirds who call this area home.1 also feel that it would forever ruin the experience of this vital place for future
generationsof KTIauea and Kaua'i young people.The house is much too large and located far too high up in the
mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny
permits to build the proposed house.Thank you so much for all that you do for our island of Kaua'i.
211 va:w-cSEP142021
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
Donald Maurer <donemaurer@gmail.com>
Friday,September 10,2021 10:50 AM
Planning Department
ikalie@gmail.com
Nihoku (Crater hlill)proposed 30,000 sq.ft.development
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
To:Planning Dept.,County of Kauai
Date:Sept.10,2021
Aloha,
We are Kaui residents and homeowners.We would like to express our deep concerns about the harmful impact on the
North Shore environment that would be caused by the proposed size and scope of the building plans at Nihoku (Crater
Hill).To reduce the harm to this unique habitat and its precious birdlife,we respectfully ask that the Planning
Department:
1)reduce the size of the 12,000 sq.ft.house
and 30,000 sq.ft.developed area;
2)move the project to the lower end of the propertv;
3)minimize excavation and grading;and
4)include measures providing protection for native birds and habitat.
Respectfully submitted,
Don Maurer
Jeanne Manese
210
r-'1-0,11^'
S£P \^^(Q
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Lauren Esaki-Kua <laurenek@stanford.edu>
Friday,September 10,2021 11:43 AM
Planning Department
Testimony against permits for Green dwelling in Kilauea (Sept 14,2021 Hearing)
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners:
My name is Lauren Esaki-Kua.As a former planner and a resident born and raised on Kaua'i,1 am testifying against the
applications for a SMA Use Permit,Use Permit,and Class IV zoning permit for the proposed dwelling on Nihoku (Crater
Hill)in Kilauea.
Notonlywouldthis "farm dwelling"development affect native wildlife ofthe area,itwould also ruin theviewshed of
NihokO and set a precedent for other similar mountain top developments within open space and SMA boundaries.O'ahu
is littered with such residential developments that have been permitted through similar exemptions;the effects of
which are only truly felt once the building is complete and the approval irreversible.The people of Kaua'i have worked
hard to keep the island's sense of place so as to not ruin the fine line between wahi pana and future generations'visual
and place-based link to the past.This land under State SMA,and County Natural Land Use Designation,Open zoning,
and ST-R Special Treatment District Area was designated as such through the foresight ofour previous County and State
planners with input from our communities to protect our special places.Approving the permits for the proposed home
as it is currently designed and sited would render the past work to protect these places meaningless.
Pages 7-8 of the Planning Director's report for this proposed development should also be assessed thoughtfully.1
disagree with Director Hull's assessment that the proposed development satisfies the outlined policies ofthe Kaua i
General Plan.To the contrary,1 believe that the current size and siting of the house would only serve to exacerbate
some ofthe island's problems in the outlined goal and policy areas (Sustainable Island,Unique and Beautiful Place,An
Equitable Place,with Opportunity for All;Preserving Rural Character,Reducing Cost of Living,and Protecting Kaua'i's
Scenic Beauty.)
The proposed house and accompanying development completely disregard the intent of our land use designations as
protective regulatory tools to protect our special areas of the island.The proposed buildings and associated
improvements are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.1 am
respectfully requesting for you to deny the requested permits.
Thank you so much for all you do for our island of Kaua'i.
With much aloha,
Lauren Esaki-Kua
208
f^.4.1>
SEP \4 ^21 ^J
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Melamed,Mia <mia.melamed.researcher@hawaii.gov>
Friday,September 10,2021 5:13 PM
Planning Department
Testimony:Nihokti building permit request
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning
Commissioners,Director,Deputy Director and Staff:
My name is Mia Melamed.1 was born and raised on the north shore of Kaua'i and have recently
returned home after graduating from college.As a steward of the island's natural resources,1 am
testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV
Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use
designations and zoning layers designed to protect scenic and ecological resources of unique value
for the public.We support the applicant's right to build on the site.However,the proposed house and
accompanying development are much too large and improperly situated for the ecological and
aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,1 ask the
planning commissioners to deny the requested permits.
Mahalo nui for your time and attention.
Sincerely,
Mia
Mia B.Melamed
Habitat &Fish Monitoring Technician II
Division of Aquatic Resources -Kaua'i
State of Hawai'i Department of Land and Natural Resources
3060 'Eiwa St.Rm#306,Lihu'e Hl 96766-1875
><>><>><>
Contacts:
Mobile:+1 (808)651 2486
Office:+1 (808)274 3344
^^0{.\7f.
SEP \^202^
199
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
kai.harrison.hawaii@gmail.com
Saturday,September 11,2021 6:22 AM
Planning Department
Crater Hill House
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Hello,
My name is Kai Harrison,and 1 grew up in Kilauea.As a kid,one of my favorite things to do was bike up to the top of
crater hill with my mom and my brothers.We would bring lunch and sit in the grass,and stare down at secrets beach
while all the birds flew around us.When 1 visit home,we still enjoy biking up the hill and taking in the view.We,along
with everyone in Kilauea,deeply regard crater hill as a special place in our town.One of the few places left on the island
that isn't always crowded with tourists.The thought of losing such a meaningful place is very saddening.If development
of this space is inevitable,we ask that it be downsized and moved further from the top.
Mahalo,
Kai Harrison
r ^-fl-^-SEPH2021^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Sarah Barger <sarahbarger14@gmail.com>
Saturday,September 11,2021 7:21 AM
Planning Department
Please deny permits to proposed development on Nihoku (Crater Hill)
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox and Honorable Kaua'i Planning Commissioners:
1 am writing to express my concern with the proposed development on Nihoku (Crater Hill).This massive development
and excavation is wrong on so many levels.On an ecological level,it threatens the endangered seabird population who
cannot endure such significant habitat loss,light pollution and disruption from construction/excavation.On a cultural
level,this proposed development is disrespectful to Native Hawaiians and a complete desecration,as it would be built
on sacred ground and the home of important stories and traditions in Hawaiian history and culture.On an
environmental level,the excavation would be detrimental to the integrity of the hillside (already vulnerable to erosion)
and its sensitive geology -which is one of many reasons that this area is classified as a Scenic/Ecologic Resources (ST-R)
special treatment district area.
This proposed development is too large and located too high up on the sacred mountain.For all of these reasons above,
please deny permits to build the proposed house.
Mahalo for all that you do for Kaua i and our community.
With aloha,
Sarah B
^^l^
-^1420^
198
Kristen Romuar-Cabico
From:
Sent:
To:
Subj'ect:
Edelle Sher <edelle.sher@gmail.com>
Saturday,September 11,2021 9:48 AM
Planning Department
Planning dept sept 14 hearing
CAUTION:Thls email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
My name is edelle sher.Nihoku (Crater Hill)is important to my family and 1 because Kilauea
neighborhood is important to me.1am concerned that the proposed house would impact seabirds who
call the area home.1 alsofeelthat itwould foreverruin the experience ofthisvital placeforfuture
generations of KTlauea and Kaua'i young people.The house is much too large and located far too high up
the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning
commission to please deny permits to build the proposed house.Thank you so much for all you do for
our island ofKaua'i.
With much aloha,Edelle Sher
195
^^^.li»^
SEP \4 2021 (A)
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Amanda Elizabeth <amandaniles18@gmail.com>
Saturday,September 11,2021 9:57 AM
Planning Department
testifying Opposition to the requested Special Management area Use Permit,Use Permit
&Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A.
CAUTION:This email originated from outside the County of Kauai.Do not click links oropen attachments even ifthe
sender is known to you unless it is something you were expecting.
Aloha Planning Commission ChairApisa,Vice-ChairCox,Honorable Kaua'i Planning Commissioners,Director,
Deputy Director and Staff:
My name is Amanda Niles.
1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV
Zoning Permit for Sea Cliff Plantation Lot 11 -A.The land carries multiple protective land use designations and
zoning layers designed to protect scenic and ecological resources of unique value for the public.We support
the applicant's right to build on the site.hlowever,the proposed house and accompanying development are
much too large and improperlysituated forthe ecological and aesthetic sensitivity ofthe site.In orderto
protect against irreversible negative impacts,I ask the planning commissioners to deny the requested permits.
Thank you for your time and attention.
Sincerely,
Amanda Niles
Tel.(406)214-2823
Email:aniandaniles 18(%£mail,coni
194
t^^.^.n.
SEP \4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Christene Reale <christenereale@yahoo.com>
Saturday,September 11,2021 10:00 AM
Planning Department
Protect Nihoku
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
Aloha Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners:
My name is Christene Reale,21 year resident of Kaua'i.Nihoku (Crater Hill)is important to my family and l
because it offers peaceful beauty and experience nature.1 am concerned that the proposed house would
impact seabirds who call the area home.1 also feel that it would forever ruin the experience of this vital place
for future generations of KTIauea and Kaua'i young people.The house is much too large and located far too
high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning
commission to please deny permits to build the proposed house.Thank you so much for all you do for our
island ofKaua'i.
With much aloha,Christene Reale
193
f:^.^.if.
SEP1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Ken Carlson <kauaifloweressences@gnnail.com>
Saturday,September 11,2021 10:03 AM
Planning Department
Agenda Item 2.SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-1),CLASS IV
ZONING PERMIT (Z-IV-2022-1),and USE PERMIT (U-2022-1)forthe construction ofa
farm dwelling unit,guest house,garage and associated site improvements within Lot
11-Aofth...
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender Is known
to you unless it Is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice -Chair Cox,and l-1anorable Kauai Planning Commissioners,
My name is Kenneth Carlson.1 am testifying in opposition to the requested Special Management area Use Permit and Class IV
Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning
layers designed to protect scenic and ecological resources of unique value for the public.The proposed house
and accompanying development is way too large,and it is located too high up the mountain in a sensitive area
that should never be built on.The house and development will be right next to the Wildlife area and would
impactthe seabirds nestingand livingtherefor almost3 decades.Additionally,thevisual impactofthe
developmentwill be seen from miles away,permanentlyscarringtheview ofthe mountain and crater.
1 am asking the planning commission to please deny permits to build the proposed house.Thank you so much
for all you do for our island of Kaua'i.
Sincerely,
Kenneth Carlson
192
^.^.«.n
SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
Katherine Alexander <kxjxa@aol.com>
Saturday,September 11,2021 10:11 AM
Planning Department
ikamalie@gmail.com,·ginny.aloha@gmail.com
Proposed development on Nihoku (Crater Hill)
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Attention:Planning Department,County of Kauai
Date:September 11,2021
1 am a resident of Kauai and a homeowner on the North Shore.1 am sensitive to the impact on Nihoku and on the
environment on the North Shore that would be affected by the size and scope ofthe proposed building plans at Nihoku
(Crater Hill).
laskthat
1.the square footage of the house be reduced,2.the site be shifted further down the hill,3.excavation into the Nihoku
hillside be minimized,and 4.perpetual protective measures for the birds and land be included.
No doubt you are aware of the ecological,cultural and community significance of Nihoku.It is my understanding that it
isoneofthe largest seabird nestingcolonies in the main Hawaiian Islands.1 feel sureyou recognize the importance of
protecting this environment and
1 thank you all for being the best stewards of planning for our Kauai.
with Aloha,
KatherineAlexander
191
».'><»•''s'EP
\4 2021 ^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Ruta Jordans <zwknow@gmail.com>
Saturday,September 11,2021 10:14 AM
Planning Department
testimony about Sea Cliff Plantation Lot 11 -A
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender Js known
to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i
Planning Commissioners,Director,Deputy Director and Staff:
I am testifying in opposition to the requested Special Management area Use
Permit,Use Permit&Class IVZoning PermitforSea Cliff Plantation Lot11-A.The
land carries multiple protective land use designations and zoning layers designed
to protect scenic and ecological resources of unique value for the public.
The lot adjoins vital sea bird nesting areas for albatross,shearwater,petrel,
koa'e (tropic birds)and more.Crater Hill is a needed relocation site for bird
populations from the northwest Hawaiian islands whose habitat is shrinking
due to sea level rise.
The property is within a county natural land use designation,open zoning
and a Scenic/Ecologic Resources (ST-R)special treatment district area.This
requires the Commission to protect land and water areas with unique natural
forms,biologic systems,or aesthetic characteristics ofsignificance and
value to the general public.
Proposed excavation into the steep hillside would be damaging due to the
area's sensitive geology and vulnerability to erosion.The footprint of the
house is much too large and located too high for this sensitive site.
The applicant has a right to build on the site.However,the proposed house and
accompanying development are much too large and improperly situated for the
ecological and aesthetic sensitivity ofthe site.
In order to protect against irreversible negative impacts,1 ask the planning
commissioners to deny the requested permits.JC^t.O^^^^~4'Z02V
^•t
^^
189
Thank you for your time and attention,
Sincerely,
Ruta Jordans
Kapaa
190
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Leslie Larch <lesliehoehoe@gmail.com>
Saturday,September 11,2021 10:15 AM
Planning Department
Oppose detrimental Nihoku structure
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
To the Planning Commission Chair,board,and Staff:
I am testifying in opposition to the requested Special Management
area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff
Plantation Lot 11-A.The land carries multiple protective land use
designations and zoning layers designed to protect scenic and ecological
resources of unique value for the public.We support the applicant's right
to build on the site.However,the proposed house and accompanying
development are much too large and improperly situated for the
ecological and aesthetic sensitivity of the site.
Furthermore,who needs a 12,000 square foot house?Will the owner
reside in the house (more than a couple of weeks per year?)We should
consider the potential resale/vacation rental drawbacks also.Why should
this be approved?Have we learned nothing about the negative impact
massive structures/permits have on EVERYONE'S lives?What positive
impact could this enormous structure in this sensitive location make?I
see on the architect's,welch &weeks LLC,website that most of the
testimonials are of happy non resident clients who have built their second
homes here in Hawaii.How nice for them.
In order to protect against IRREVERSIBLE NEGATIVE IMPACTS,
PLEASE deny the requested permits.
Thank you for your time and attention ^^.a^>.
SEP 1 4 2021
187
Sincerely,
Leslie Larch
Laupahoehoe
188
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Jennifer Kau'i Young <losalioj@hawaii.edu>
Saturday,September 11,2021 11:11 AM
Planning Department
1 Oppose the Desecration of Nihoku
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha mai:
No private structure should be built on any sacred sites in Hawai'i nei.Nihoku is sacred for its historical and ongoing
cultural significance to Hawaiians.It is also an important nesting site for Hawai'i's endemic and endangered birds.
The more Hawai'i's government leaders continue to allow the desecration and privatization of special sites like Nihoku,
the less viable,public sites there will be for future generations of Hawaiians and Hawai'i residents.
If government leaders don't take a strong stance against protecting sacred sites for public,responsible use,and continue
to give into money and private interest/jurisdiction,there will be no Hawai'i left to protect for the public interest.All
we'll be left with is an archipelago of overdeveloped,overprivatized,and industrialized islands,completely empty of the
precious ecosystems that give our collective home its beauty and power.And without these ecosystems for the public to
access for culture and survival,what is there for us to live for independent from private interest?
Even if the house is allowed to be developed at a lower position on the mountain,it will establish precedent for further
private development of the mountain.
This is not just a question of development/desecration,but a question of protecting collective access and collective
resources.Think in the long-term and how the decisions you make today will hinder and hurt our descendants for
generations to come.
Me ka ha'aha'a,
Jennifer Kau'i Young
184
^^a.-l^.
SEP14 2021 @
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
SierraDew.Info <sierradew.info@gmail.com>
Saturday,September 11,2021 11:19 AM
Planning Department
Opposition to Sea Cliff Plantation Lot11-A
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy
Director and Staff:
My name is Sierra Dew.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit
&Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and
zoning layers designed to protect scenic and ecological resources of unique value for the public.1 also feel that it would
forever ruin the experience of this vital place for future generations of Kilauea and Kaua'i young people.The house is
much too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am
asking the planning commission to please deny permits to build the proposed house.Thank you so much for all you do
for our island of Kaua'i.
With much aloha,
Sierra Dew
r.-?..«.^
SEP 1 4 2021
183
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
kirk francis <kirkyhoehoe@whidbey.com>
Saturday,September 11,2021 11:41 AM
Planning Department
OPPOSE SMA permit for Sea Cliff Plantation Lot 11 -A
CAUTION:This emaH origjnated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
Aloha,Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Dep
1 am in total OPPOSITION to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Pei
The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecolog
the public.We support the applicant's right to build on the site.However,the proposed house and accompanying
and improperly situated for the ecological and aesthetic sensitivity ofthe site.In order to protect against irreversil:
planning commissioners to deny the requested permits.
Thank you for doing what you know is the right thing for our islands and the community in the long run.
Kirk Francis,
Laupahoehoe
Nothing Trump ever says has a second paragraph.
182
^^.01.^
SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Roberta Williams <bobbiewilli@gmail.com>
Saturday,September 11,2021 12:01 PM
Planning Department
In opposition to SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-1),CLASS IV
ZONING PERMIT (Z-IV-2022-1),and USE PERMIT (U-2022-1)
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,
Deputy Director and Staff:
My name is Roberta Williams.1 am testifying in opposition to the requested Special Management area Use
Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A.
The land carries multiple protective land use designations and zoning layers designed to protect scenic and
ecological resources of unique value for the public.
While 1 understand and support the applicant's right to build on the site,the proposed house and
accompanying development are much too large and improperly situated for the ecological and aesthetic
sensitivityofthe site.
In orderto protectagainst irreversible negative impacts and to preservethe natural habitat ofthe area,1 ask
the planning commissioners to deny the requested permits.Mahalo for your time and attention.
Sincerely,
Roberta Williams
r^-^
SEP 1 4 2021
178
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
lisa insalata <lminsalata@gmail.com>
Saturday,September 11,2021 12:22 PM
Planning Department
Mahalo for reading
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,
Deputy Director and Staff:
My name is Lisa Insalata .1 am testifying in opposition to the requested Special Management area Use Permit,
Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A.The land carries multiple protective land
use designations and zoning layers designed to protect scenic and ecological resources of unique value for the
public.We support the applicant's right to build on the site.However,the proposed house and accompanying
developmentare muchtoo largeand improperlysituated forthe ecological and aestheticsensitivityofthe
site.In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the
requested permits.Thank you for your time and attention.
Lisa insalata
Lisa insalata
175
^.^•t
SEP 1 4 2021
a.vi
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Paul Greenland <369magnetics@gmail.com>
Saturday,September 11,2021 1:06 PM
Planning Department
Sea cliff/crater hill special use pernnit
CAUTION:This email originated from outside the CountyofKauai.Do notclick links oropenattachments even ifthe
sender is known to you unless it is something you were expecting.
Aloha Planning Commissioner Chair Apisa,Vice-Chair Cox and Honorable planning commissioners and staff.
I am writing to voice my opposition in regards to the special Management area use permits for lot 11-A at Sea Cliff
Plantation.
Myself and my family regularly enjoy walking and biking on crater hill and have for many years,it is an important part of
Kilauea town and the residents that call it home.
The proposed home will not only be a blight on this beautiful natural hill but also encroach onto an already too-limited
bird life and wildernesses area,possibly negatively impacting the sea birds,especially at night from light pollution.
The site,being so high on the hill will visually impact the area in a very negative way,there is no need for anyone to have
a home of 12,000 square feet in Kilauea,let alone one so high and so visible on a natural volcanic bluff.
The existing houses in the subdivision are all more tastefully located and much less exposed,being so close to the
historical Kilauea lighthouse and wildlife preserve a development of this nature would truly be in poor taste and forever
ruin the natural beauty of Kilauea point and crater hill.
1 please ask you to consider this and all other testimonies in opposition to this application and honor the residents
request for this plan to be abandoned in favor of nature and the preservation of this truly unique part of Kauai.
Aloha
Paul Greenland
Sent from my iPhone
173
(^^.o.>^.
SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Richard Waxman <pnthwest@aol.com>
Saturday,September 11,2021 1:55 PM
Planning Department
Proposed development
CAUTION:This email originated from outside the County of Kauai.Do not click links oropen attachments even ifthe sender Js known
to you unless it is something you were expecting.
Green.
SampleTestimonyl:
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners:
Myname is RichWaxman_.Nihoku (CraterHill)is importantto myfamilyand 1 becauseofthe
importance of bird resting sites.1am concerned that the proposed house would impact seabirds who call the
area home.1 also feelthat itwouldforever ruintheexperience ofthisvital placeforfuturegenerations of
KTIauea and Kaua'i young people.The house is much too large and located far too high up the mountain,in a
sensitive area that should not be built upon at all.1 am asking the planning commission to please deny
permits to build the proposed house.Thank you so much for all you do for our island of Kaua'i.
With much aloha,
Rich Waxman
Sent from my iPhone
167
t=^.a.^
SEP 1 4 202^'^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Christa D.McLeod <christaclear@gmail.com>
Saturday,September 11,2021 1:57 PM
Planning Department
Testimony for Lot 11-A at Seacliff Plantation,Kilauae
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Department,
Mahao for all that you do to ensure that Kaua'i stays as undeveloped as it is so it retains the community feel that we all
appreciate.
I would like to submit opposition to the current proposed Lot 11-A at Seacliff on the Green property.1 have worked in
the conservation field on Kaua'i for over 10 year's and know the ecological significance of the property abutting this
land.Kaua'i is already a sanctuary for seabirds as the only inhabited island without mongoose and as sea levels rise we
will continue to become important as a High Island Refugia for these disappearing species on sinking islands.
To give voice to the native,ground nesting birds of Kaua'i,1 hope that the Green family might be willing to reconsider
the size and locationofthe home and developmentofthe groundsto lessen theirimpactonthe land.Regardless ofthe
outcome,these property owners will likely have native species nesting on this adjoining parcel;as wildlife does not
recognize human boundaries.May they learn to become stewards of that site and the species they host.
Sincerely,
Christa McLeod
fr^.^.-w.
SEP 1 4 2
166
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Brittni Brooks <brittni@brittnibrooks.com>
Saturday,September 11,2021 3:02 PM
Planning Department
Please Protect Nihoku -Crater Hill
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even
if the sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kauai Planning Commissioners,
My name is Brittni Brooks.Nihoku is important to myself,my family and community.1 am concerned that the proposed
12000 square foot house would impact the seabirds who call this area home.They have limited space to live as it is and
continuing to develop the land would cause further harm and stress on the delicate environment.The development of
this home would ruin the experience of this sacred place for future generations of people and wildlife in Kilauea.
This land should not be developed at all.The damage done to so many species just for one wealthy family from the
mainland is not worth it.1 am begging the planning commission to please deny permits to build any new homes.We
need to save the wild lands that we have left.
Thank you for your work here on Kauai.
With much aloha,
Brittni Brooks
f:o^.^w
SEP 1 4 2021 /%
162
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Eve Dion <evedion@gmail.com>
Saturday,September 11,2021 3:19 PM
Planning Department
Please protect Nihoku
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners:
My name is Eve Dion;I am a resident of KTIauea.Nihoku (Crater Hill)is extremely meaningful to me,and to
the community.It is my favorite part of all of Kilauea town,and provides refuge for humans and animals alike.
I am concerned at the ways the proposed house would impact the seabirds who take refuge there.I also
believe that it would forever ruin the experience of refuge that Nihoku allows the human inhabitants of KTIauea
and Kaua'i.Not only is the house much too large and located far too high up the hill,but Nihoku is such a
sensitive area that it should not be built upon at all.I am asking the planning commission to please deny
permits to build the proposed house.Thank you for your malama in the nature of this matter.
Sincerely,
Eve Dion
Eve Dion
Structural Integration
&Specialized Therapeutic Bodywork
808.652.2603
f?^.^.^
SEP 1 4 2021
160
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Mauliola Cook <mauliola3@gmail.com>
Saturday,September 11,2021 4:15 PM
Planning Department
testimony re proposed Nihoku house development
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
9/11/2021
Kilauea
Re:Proposed development for house on Nihoku
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i
Planning Commissioners
My name is Mauli Ola Cook.Nihoku (Crater Hill)is important to me,my 'ohana and
community because it is a place of great natural beauty,of historical and
mythological significance and a significant site for native birds.
1am concerned that the proposed house would impact seabirds who call the area
home.The lot adjoins vital sea bird nesting areas for albatross,shearwater,petrel,
koa'e (tropic birds)and more.Crater Hill is a needed relocation site for bird
populations from the northwest Hawaiian islands whose habitat is shrinking due to
sea level rise.
1 also feel great concern for how the construction of this huge house would impact
the experience of this vital place for future generations.The house is much too
large and located far too high up the mountain,in a sensitive area that should not
be built upon at all.Proposed excavation into the steep hillside would be
damaging due to the area's sensitive geology and vulnerability to erosion.The
footprint of the house is much too large and located too high for this sensitive site.
The KTIauea community has worked to protect the slopes of Nihoku from
development for over forty years.1 am asking the planning commission to please
deny permits to build the proposed house.
SEP1 4 2021/^154
Thank you so much for all you do for our island of Kaua'i
With much aloha
Mauliola Cook
Maulipla3@gmai_l.com
8086528173
155
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
Crystal Jones <crystaljones23@gmail.com>
Saturday,September 11,2021 4:17 PM
Planning Department
crystal Jones
Special Management Area Use Permit -Seacliff Plantation Lot 1 1 -A
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha,Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy
Director and Staff:
My name is Crystal Jones and 1 am testifying in opposition to the requested Special Management area Use Permit,Use
Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use
designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We
support the applicant's right to build on the site.However,the proposed house and accompanying development are
much too largeand improperly situated forthe ecological and aestheticsensitivityofthesite.In orderto protect against
irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for your time
and attention.
Sincerely,
Crystal Jones
f;^.«.^
SEP 1 4 2021
153
Kristen Romuar-Cabico
From;
Sent:
To:
Subject:
Attachments:
Jill Lowry <jillwlowry@gmail.com>
Saturday,September 11,2021 4:21 PM
Planning Department
SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-1),CLASS IV ZONING
PERMIT (Z-IV-2022-1),and USE PERMIT (U-2022-1)
Testimony on Special Use.docx
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Testimony Attached
Thank you
Warm Regards,
Jill W.Lowry
"I've leamed that whenever I decide something with an open heart,I usually make the right
decision.I've learned that even when l have pains,I don t have to be one.fve learned that every
day you should reach out and touch someone.People love a wann hug or afriendly pat on the
back.I've learned that I still have a lot lo leam.I've learned that people willforget what you said
and did,but will neverforget how you made themfeel."
Maya Angelou
"Grandparents are there to help children get into mischiefthey have not thought ofyet!"
Gene Perret
"When anxious,uneasy and bad thoughts come,I go to the sea,and the sea drowns them out with
its great wide sounds,cleanses me with its noise,and imposes a rhythm upon everything inme that
is bewildered and confused."
Rainer Maria Rilke
^^.A.3^
SEP \4 2021 ^
My name is Jill Lowry and 1 am testifying in opposition to the requested Special
Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff
Plantation Lot 11-A.
While 1 have not met Mr.&Mrs.Green,1 understand them to be good people,people
who have given generously to their community,and have done much to find a path to
satisfy the concerns of the community relating to the construction of their home.1 can
only imagine that this is a very stressful and frustrating process for them.
In and of itself,the construction of the Green's home is not the issue,only as it relates
to two bigger problems that require concurrent and consistent responses to mitigate
them.
This location in question holds historical,cultural,and ecological meaning,and as
such,already and intentionally,carries multiple protective land use designations
and zoning layers designed to protect vulnerable wildllfe and other ecological
resou/'ces that are of unique value for Native Hawaiians,the local Kilauea community,
and the general public as a whole,and most importantly for the future generations.
Problem One:Loss of access to or loss-outright of historical and culturally important
places like Nihoku are devastating.On Kaua'i,the construction of gated communities
and large single family homes have blocked views,access to beaches,access to fishing
and hunting,and easy access to culturally important places.Construction sites tear into
hillsides irreparably changing the landscape and natural habitats of wildlife.Once these
areas are desecrated they cannot be regained,and the opportunities for future
generations to experience them personally,or learn about them,are resigned to
Kupuna memories and potentially textbooks.
Problem Two:Our seas are rising and at the same time,Kauai being one of the oldest
islands in the archipelago,is sinking and disintegrating.As this natural process of decay
meets the rising seas,the result is exponentially greater loss of coastal area.With the
disappearance of land creates the need for inland migration of both humans and
wildlife.Important areas such as Nihoku rely on maintained vigilance by its
governmental stewards to ensure that there is space for sea birds and other creatures
to adapt and move their habitats.If not,the ramification will be devastating as is noted
below in an article called "Deadly Waters:Rising Seas Putting Wildlife at Risk"by The
Center for Biological Diversity.
In the United States,sea levels at hotspots along the East Coast,Gulf of Mexico
and northwestern Hawaiian Islands are rising three to four times faster than the
global average.Rising seas pose a major risk to our nation's wildlife.The United
States is home to 1,383 federally protected threatened and endangered species,
many of which depend on coastal and island habitats for survival.Rising seas
and increasingly dangerous storm surges threaten to submerge and erode their
habitat,and make the groundwater more saline —killing coastal plant
communities and ruining drinking water.
Additionally,in an article in the Garden Island,of March this very year,called "Sea Level
Rise Affects Everyone,the County of Kauai Energy and Sustainability Coordinator
stated that:"The county is beginning its first Island-Wide "Climate Action,Adaptation
and Resilience Plan"(CARP)in the next several months,which will zoom in on high-
level policies from the 2018 General Plan and form more-specific approaches and plans
for these challenging questions."
Clearly,The County of Kaua'i is shifting focus to address these types of issues and 1
ask the planning commissioners to pause,and consider the long-term ramifications of
making determinations on individual properties until such a time that an updated climate
plan for the Kilauea area has been drafted addressing the historical,cultural,and
ecological concerns outlined today.Thank you for your time and attention.
Respectfully,
Jill W.Lowry
Kaua'i Resident
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Listen Tothekeiki <lesliewingate7@gmail.com>
Saturday,September 11,2021 6:02 PM
Planning Department
opposition to the requested Special Management area Use Permit,Use Permit &Class
IV Zoning Permit for Sea Cliff Plantation Lot 11 -A.
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha PlanningCommission ChairApisa,Vice-Chair Cox,Honorable Kaua'i PlanningCommissioners,Director,
Deputy Director and Staff:
My name is Leslie Brooke Wingate.
1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV
Zoning Permit for Sea Cliff Plantation Lot 11 -A.
The land carries multiple protective land use designations and zoning layers designed to protect scenic and
ecological resources of unique value for the public.
Wedo notsupporttheapplicant's rightto build onthe site.And even ifwe did.the proposed houseand
accompanying development are much too large and improperly situated for the ecological and aesthetic
sensitivityofthe site.
In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the
requested permits.Thank you for your time and attention.
Sincerely,
Leslie
^^01.^fr
SEP 1 4 2021,
148
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Respiratory&EnvironmentalDisabilitiesAssocHI <redahi@hawaii.rr.com>
Saturday,September 11,2021 5:40 PM
Planning Department
SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-1),CLASS IV ZONING
PERMIT (Z-IV-2022-1),and USE PERMIT (U-2022-1)
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
Aloha!
1 am concerned that the proposed house would impact seabirds who call the area home.1 also feel that it would forever
ruin the experience of this vital place for future generations of Kilauea and Kaua'i young people.The house is much too
large and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the
planning commission to please deny permits to build the proposed house.Thank you so much for all you do for our
island ofKaua'i.
B.A.McClintock REDAHI
^.^.o^
SEP 1 4 2021
146
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
iyan sandri <isandrihth@yahoo.com>
Saturday,September 11,2021 6:49 PM
Planning Department
Opposed -Sea cliff plantation lot 11-a
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
Aloah Planning commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning
Commissioners
I am lyan Barrera-Sandri.1 am writing in opposition to the requeted Special Management area Use
Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A.
As you know the lan carries multiple protective land use designations and zoning designed to protect
the scenic,ecological,and cultural value of the land.
While 1 questions the need to build on the land i do recognize that is an option for the builder.In this
compromise though i do find the proposed house and accompanying development much to large and
improperly situated for the ecological and aesthetic sensitivity of the site.
Hawai'i is known as the extinction capital of the world and the currant proposed site will help maintain
that designation by irreversibly harming the wildlife in and around the crater.
1 ask that the commissioners deny the requested permits.
thank you
IYAN BARRERA-SANDRI
143
^^.a.-9S.
S^P ?^2027
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
Attachments:
Gary Smith <garykali2@yahoo.com>
Saturday,September 11,2021 7:54 PM
Planning Department
ikamalie@gmail.com
Nihoku Testimony
NihokuTestimony.pdf
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless It is something you were expecting.
Testimony of Gary E.Smith
f.^A.Vl
SEP 1 4 2021,
Sept.10,2021
Kauai County Planning Commission
Donna Apisa,Chairperson
4444 Rice St.
Lihue,Hl 96766
Aloha e Commission Members,
For the record,my name is Gary E.Smith of KTIauea.Many years ago,1 led the
effort to acquire Mokolea Point,the eastern flank of Crater Hill,as well as
represent the community during the negotiation between the landowner,Dorn
Schmidt,Trustfor Public Lands and the USFWS regardingthe configuration ofthe
Crater Hill conservation parcel that the devetoper eventually deeded to the
USFWS.Although the boundaries and other negotiated aspects of access by
Seacliffownerswasfarfrom perfect,we had nochoice,dueto lackofsupportand
foresight by USFWS but to accept the final configuration.But that would not be
theend ofthestory!
The late Senator Daniet K.Inouye's office was instrumental in assisting our
organization which we called the Crater Hill Coalition.By collaboratively working
undertheauspices ofthe KTIauea Neighborhood Association and theTrustfor
Public Land,we accomplished our mission within two years which culminated in a
transfer of deed ceremony on the slopes of Crater Hill in May 1988.Much to our
honor and great delight Senator Inouye attended.Before the ceremony 1
escorted the Senator,who had never seen the place before,to the top of Crater
Hill so he could experience for the very first time its specialness.There is no
doubt in my mind that the Senator came away truly touched by this visit for in the
ensuing years he became KTIauea Point's champion,even rectifying most of the ill-
advised concessions committed bythe USFWS!
It was then 1 realized that it was my kuleana to continue to share my love for
this place and inspire people wherever they were from to cherish,appreciate and
protect,if not Crater Hill then their own special places.To this end,for many
years 1 led guided tours from KTlauea Pointto Mokolea forthe USFWS and beyond
my wildest imagination,1 found the birds flourishing in response to the new level
of protection.Yet over the years 1 realized something was still missing.Then one
year 1 led a group of hula practitioners from throughout the islands.They were
blown away by what they saw and felt.On that day it became clear to me,what
this place needed was Hawaiians and the leo Hawai'i (voices of Hawai'i)to return
and take on the kuleana of stewardship as well as restore and grow its historical
and cultural aspects.
Although archeological evidence for Hawaiian uses of Crater Hill have yet to be
uncovered,one cannot go there without coming away with the feeling that this
place was trulya wahi pana (special,storied place)forthe ancient Hawaiians.
Over time 1 learned that its name was Nihoku (Protruding Tooth)and that even
though it belonged to the ahupua'a of Kilauea it once had its own famous chief,
Halanikikaupua.Complete with its own wind,Aopo'omuku,first uttered by Pele
herself,Nihoku must have been quite significant to the people of old!Yet for all
those years we called it Crater Hill and placed no importance for it being special
or significantto anyone let alone the ancient Hawaiians.During those years we
dug rail beds along its slopes,raised cattle that trampled its flora and fauna,
erected a warehouse and shipping derricks,dumped our garbage,quarried its
rock,dugtunnels and erected towers in the name ofnational defense and planted
polessowe could watch T.V.!Then upon realizingthegreat disrespect carried
out on this land my kuleana became one of restoring its specialness to all
Hawai'i's people,particularly Hawaiians today who could carry and perpetuate
this kuleana.A kuleana that invotved the restoration of its past cutture,the
protection and restoration ofits native plants and animals as well as encourage
the growth of its cultural uses to include new uses and mo'olelo within the
framework ofHawaiian knowledge passed down through antiquity.
This was a tall order,more of a vision rather than one of word.A kuleana that 1
was not quite qualified to take on but rather be its caretaker until the day the
right person came along.Now in retrospect it seems like only a short time had
passed before Mehana Blaich Vaughan came to mind.1 knew her since her youth
and could see the same sense of intensity in her as 1 saw in her parents.
One day 1 invited Mehana and her husband Kilipaki Vaughan to join me on a
huaka'i (hike)to Mokolea Point.My motivation was to inspire her to compose a
special oliforNihoku andforherto possibly see an opportunityto change its sad
history.Accompanyingthe Vaughans wastheir infantdaughterAna which drove
home the point of how busy a young family can be,yet here1 was trying to add to
her burden!Perhaps it was the affect that the land had on all of us as we lost
trackoftime,and even littleAnawas a patientangelthroughout.Somehow,
despitethe buoyingeffectoftheinspiringday,1 suspectthat Mehana started to
feel the weight of kuleana.Truty inspired by her many thoughts and
remembrances,she returned home and composed a well-crafted oli that
summarized the entire huaka'i,an oli that was truly befitting the specialness of
the place and destined to live on.Overtime Mehana continued to involve herself
in Nihoku and assume more kuleana.Surrounding herselfwith likeminded
Hawaiians and Hawaiians at heart,which 1 proudly proclaim to be one,she has
made great strides in elevating Nihoku's stature.
By then t thought my job was finished but like any parent knows,it is never
over.My new role was not only to continue to inspire people but to be
supportive of Mehana and her hui kia'i (group ofguardians)and kokua whenever1
could.Today myjob is to stand firmly behind the ones now entrusted with the
kuleana to protect and defend this special 'aina that spans from the home ofthe
three sjsters of Kauape'a,to the prominatory of Nihoku all the way down slope to
the shores of Mokolea.
Kuleana is a heavy burden that offers little short-term reward until you find the
right person to take it off your back and bear it,and through Mehana I have been
relieved.Please consider Mehana's humble requests which 1 totally and
wholeheartedly support.They are not only genuine and heartfelt but offered in a
pono way.Her success in seeking structural and locational changes for the home
so as to lessen the impact on the land will be inspirational to the next generation
that will eventually assume her kuleana.
1 personally know the Greens and see them as decent,honorable people who
are also burdened by the responsibility to do the right thing-Planning
Commissioners have a role as wetl,so it is in this lightthatyou place much weight
in Mehana's testimony.Whereas the vision of all other parties maybe one
dimensional and short sighted,her vision is one in that we should always expect
to find Nihoku to be the beautiful,and historical place of refuge,solace and
inspiration.1 believe with the guidance of your staff and esteemed commission;
we can find a resolution to the issues that Mehana has raised that impact the
integrityofthiswahi pana.Mahaloforyour kind indulgence in my long
digression.Aloha no.
Sincerely,
(--<3ary E.Smith
KTIauea
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Laurel Brier <browerr001@hawaii.rr.com>
Saturday,September 11,2021 8:01 PM
Planning Department
In opposition to Nihoku development
CAUTION:This email origjnated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
To:Planning Commission ChairApisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,
Director,Deputy Director and Staff
As a resident ofAnahola 1 do visit Hihoku area weekly for its scenic beauty and serenity.1 recall the efforts
from decades ago to protect and preserve this area and the success ofthe Land Trust to do so to a great
extent.The land carries multiple protective land use designations and zoning layers designed to protect
scenic and ecological resources of unique value for the public.1 am in opposition to the requested Special
Managementarea Use Permit,Use Permit&Class IVZoning PermitforSea CliffPlantation Lot 11-A.l
support the applicant's right to build on the site.hlowever,the proposed house and accompanying
development are much too large and improperly situated for the ecological and aesthetic sensitivity of
the site.In order to protect against irreversible negative impacts,1 ask the planning commissioners to
denythe requested permits.
Thank you for your thoughtful consideration
Laurel Brier
Anahola,Kauai
^.^.40.'SEP
\4 2021 ^
140
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
mike lewis <cunderc@grriail.com>
Saturday,September 11,2021 8:28 PM
Planning Department
Nihoku.Less is more
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Please conserve the beauty of what Kauai really is.We don't need to turn our island into Beverly Hills for the financial
gain of a few politicians and realtors.Allow the people who kapu our aina and the avian animals trying to make a
comeback have a chance without being overrun by foolish conspicuous excess.1 mean,really,WTF do you need that
kind of place for anyway?What a waste of resource.Just like the rest of the one percent dumbasses.Take heed and
consider.Manymahalos.
l?^^.4'
SEP1 4
138
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Kynzie Craver <kynziecraver@gmail.com>
Saturday,September 11,2021 9:04 PM
Planning Departnnent
Opposition of Sea Cliff Plantation lot
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
My name is Cynsie Craver and 1 am writing in opposition ofthe requested special management area use permit and class
IV zoning permit for sea cliff plantation lot 11-A.
Sincerely,
Cynsie Craver
Sentfrom my iPhone
137
^-z.<»(fr
'SEP14 202}
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Jenifer Prince •:hanaleiartist@gmail.com>
Saturday,September 11,2021 9:16 PM
Planning Department
Please do not turn crater hill into kukuiola
CAUTION:This email origlnated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,
Deputy Director and Staff:
My name isjenifer H.Higginbotham.1 have lived on the north shore ofKauai for over45 years.
am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV
Zoning Permit for Sea Cliff Plantation Lot 11 -A.The land carries multiple protective land use designations and
zoning layers designed to protect scenic and ecological resources of unique value for the public.We support
the applicant's right to build on the site.
However,the proposed house and accompanying development are MUCH TOO LARGE and IMPROPERLY
situatedforthe ecological and aestheticsensitivityofthe site.In orderto protectagainstirreversible negative
impacts,This house would have SEVERE negative impact on the view plane of crater hill !1 ask the planning
commissioners to DENY the requested permits.Thank you for your time and attention.
Sincerely,
Jenifer H.Higginbotham
^^a.tf^.
S£P 14 2024U6
136
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Kilo Kia'i <hawaii808surfer@gmail.com>
Saturday,September 11,2021 9:29 PM
Planning Department
Development at Nikoku
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha,Sir and/or Madam"
I oppose any development at Nihoku.First of all,it's too close to the Kilauea Wildlife Refuge for comfort.
eliminated loose cats and even dogs that were too close to the Kilauea refuge.
have
Secondly,1 would like to address similar situations that has already led to desecration and sacrilege.Some dummy built
on the hill overlooking Kahili and the surf spot known as 'Rock Quarry'a few decades ago.Shiloh Pa and 1 were checking
the surf one day and noticed someone chopped down Paina,Hau and Milo trees near the shoreline.We quickly realized
that the owner of that house had the trees cut down to improve his view of the ocean.Kahili is no doubt a WAHI PANA
or sacred site.1 hope such shenanigans never happen again.
Then,some idiot built a house on the hill that overlooks Hanapai (point)and Kalihiwai Bay.Hanapai is definitely a wahi
pana because it s a LEINA,or place where peoples'spirits 'leap'into another realm.Kupuna at Kalihiwai have told me
that the peak ofthat hill is also a 'night marcher'path that leads directly to the Hanapai leina.I've known that there's
much 'uhane or spirit activity near Hanapai and on that hill since 1 was a kid.I'm sure that the hilltop homeowner knows
by now that he made a nasty sacreligious error.
Myself and many other culturally-inclined po'e do not want what happened at Kahili and Hanapai/Kalihiwai to ever
happen again.Please cancel approval and/or issue cease and desist orders and heavy fines if the so-called landowner
thinks he's entitled to do what he wants.Nihoku/Crater Hill is also a wahi pana and is too close to the Kilauea Wildlife
Refuge.Please take these accounts into serious consideration.Mahalo nui loa and respectfully submitted,
—BryanNakamura,former Kalihiwai farmer,and now a labor Union Agent and Private Investigator.
135
F.^o W
SEP 1 4 2021 (ArJ
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Kalau Hergenrader <kalau.mini@gmail.com>
Saturday,September 11,2021 10:17 PM
Planning Department
Nihoku
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
Sentfrom my iPhone
My name is Kalaukieleula Hergenrader,born LThue and completed a masters on Historic sites of Kaua'i.1 have a
responsibility by birth right,ke one hanau.
Kaua'i after Niihau is all we have left of the vestiges of our treasured past.It a wonderful isolation from the imposing
speed and grandiosity ofglobal technology devoid of moderation.
In view ofclimate change mankind,
as in Hawaiian cultural practice,needs to reduce the human footprint on the aina.This plan is diametrically opposed to
"tiny house"new age thinking!We all need to follow ancient practices in land use and it's history to preserve
mankind.Kauhale designs provided for limited imposition on the environment.
Nihoku represents an epic of sacred historical significance that the Kaua'i 'ohana live.It is the core of who we are.
This property development is an assignation to the preservation of sacred values in the heart of Kaua'i and it's lineage in
Hawaiian history!
O'ahu is facing 10,000 sq.ft.Houses!
That isn't good anywhere in Hawai'i,Stop the spread.This plan,before the commission,violates everything we identify
as Hawaiian,cultural values,traditions and native protected environments and species!
Please do not allow permits for this monstrosity to pierce the sanctity of Nihoku.Aloha.
f^o..^.^
SEP \4 2021.^
132
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Nafisseh Soroudi <nafisseh@yahoo.com>
Sunday,September 12,2021 7:01 AM
Planning Department
Testimony:Item 2a:Special Management area Use Permit,Use Permit &Class IV Zoning
Permit for Sea Cliff Plantation Subdivision Lot 11 -A).
CAUTION;This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it Is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,
Deputy Director and Staff:
My name is Nafisseh Soroudi.1 am testifying in opposition to the requested Special Management area Use
Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A.The land carries multiple
protective land use designations and zoning layers designed to protect scenic and ecological resources of
unique value for the public.We support the applicant's right to build on the site.However,the proposed
house and accompanying development are much too large and improperly situated forthe ecological and
aestheticsensitivityofthe site.In orderto protectagainst irreversible negative impacts,1 askthe planning
commissioners to deny the requested permits.
Thank you for your time and attention.
Sincerely,
Nafisseh
Nafisseh Soroudi,PhD
(917)284-1712
^^..^.iHi
SEP 1 4 2021
126
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
JarraeTehani Puni <jarraetehani@me.com>
Sunday,September 12,2021 7:45 AM
Planning Department
Sea Cliff Plantation Subdivision Lot 11-A
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy
Director and Staff:
My name is JarraeTehani Manasas.1 am testifying in OPPOSITION to the requested Special Management area Use
Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land
use designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.
The proposed house and accompanying development are much too large and improperly situated for the ecological and
aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,1 ask the planning
commissionerstodenythe requested permits.Mahaloforyourtime.
JarraeTehani Manasas
f.->.«^.
SFP f ^^f,
125
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Donna Janulaitis <djanulaitis@yahoo.com>
Sunday,September12,2021 9:15 AM
Planning Department
Nihoku (Crater Hill)
CAUTION:This email onginated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
Aloha PlanningCommission ChairApisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,
Deputy Director and Staff:
My name is Donnajanulaitis.1 live in Kilauea and walk past the proposed house site every other day along.
enjoy birdwatching the Nene's along with other birds that occupy that hill side.1 am testifying in opposition to
the requested Special Management area Use Permit,Use Permit&Class IVZoning PermitforSea Cliff
Plantation Lot 11 -A.The land carries multiple protective land use designations and zoning layers designed to
protectscenicand ecological resources ofunique value forthe public.We supportthe applicant's rightto build
on the site.However,the proposed house and accompanying development are much too laree and
improperly situated for the ecological and aesthetic sensitivity of the site.Something that large would be a
blight to that area.In order to protect against irreversible negative impacts,1 ask the planning commissioners
to deny the requested permits.Thank you for your time and attention.
Sincerely,Donnajanulaitis
120
f=4..<»^:
SEP14 2021^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Molly Mamaril <mollymamaril@gmail.com>
Sunday,September 12,2021 10:08 AM
Planning Department
Testimony Submission (Mamaril):9/14 AGENDA ITEM:2.New Agency Hearing a.
SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-1),CLASS IV ZONING
PERMIT (Z-IV-2022-1),and USE PERMIT (U-2022-1)
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners:
My name is Molly Mamaril.Alongside many others from across Hawai'i -and in solidarity with friends and
family from KTIauea,Kaua'i,1 am concerned that the proposed house at Nihoku (Crater Hill)would impact
seabirds who call the area home.1 also feel that itwould forever ruin the experience ofthis vital place for
future generations of KTlauea and young people of Kaua'i.The house is much too large and located far too
high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning
commission to please deny permits to build the proposed house.Thank you so much for all you do for our
island of Kaua'i and for your consideration of concerns.
With muchaloha,
Molly Mamaril
Molly Noelaniokekai Mamaril
^^a.M4.
SEP 1 ^^02^
118
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Attachments:
Stacy Sproat <s_sproat@hotmail.com>
Sunday,September 12,2021 10:11 PM
Planning Department
Testimony for Use &Zoning Permit for Seacliff Plantation Lot 11 -A
David SproatTestimony 9.12.21.pdf
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
Aloha,
Submitting testimony for my dad for Tuesday's hearing.
Mahalo.
Stacy M.Sproat
C (808)639-1815
<^
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Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Ashley Gutierrez <kanoeg66@gmail.com>
Sunday,September 12,2021 10:31 AM
Planning Department
Crater Hill agenda
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
My name is Ashley Gutierrez .Nihoku (Crater Hill)is important to my family and 1 because this area is a wahi pana (look
it up),a nesting site for our native birds,and a vital cultural area forthe COMMUNITY (notjustthe owners).1 am
concerned that the proposed house would impact seabirds who call the area home.1 also feel that it would forever ruin
the experience of this vital place for future generations .The house is much too large and located far too high up the
mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny
permits to build the proposed house.Don't follow the ways of the Oahu planning department that was investigated by
the FBI last year.
Regards,
AshleyGutierrez
^^.a.w.
SEP1 4 2021
116
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
Attachments:
fern@hapahi.org
Sunday.September 12,2021 11:56 AM
Planning Department
Anne Frederick
TESTIMONY RE:Special Management area Use Permit,Use Permit &Class IV Zoning
Permit for Sea Cliff Plantation Lot 11 -A
HAPA Testimony Nihoku Housing Proposal.pdf
CAUTION:This email originated from outsidethe County ofKauai.Do not click links oropen attachments even ifthe sender is known
to you unless it is something you were expecting.
Please see attached and included letter testimonyfrom the Hawai'i Alliancefor Progressive Action (HAPA)Executive
Director,Anne Frederick,on behalf of HAPA,our board,Kaua 'i staff and our HAPA network.Maholo.
Aloha Kaua'i County Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable
Commissioners,
HAPA is a statewide environmental,social and economic justice organization,which engages over
10,000 Hawai'i residents annuallythrough ourwork.
HAPA believes the proposed house and accompanying development are much too large and
improperly situated for the ecological and aesthetic sensitivity of the site.
We are very concerned that the community will be greatly impacted by the proposed house at Nihoku.
HAPA also shares concern that the proposed house would impact seabirds and their habitat.We
agree that this house would forever ruin the experience of this place.
The house is much too large and located far too high up the mountain,in a sensitive area that should
not be built upon at all.HAPA respectfully asks the planning commission to please deny permits to
build the proposed house.
Nihoku is culturally significant and present in many stories,chants and hula for Pele.
The lot adjoins vital sea bird nesting areas for albatross,shearwater,petrel,koa'e (tropic birds)and
more.Crater Hill is a needed relocation site for bird populations from the northwest Hawaiian Islands
whose habitat is shrinking due to sea level rise.
The property is within a county natural land use designation,open zoning and a Scenic/Ecologic
Resources (ST-R)special treatment district area.This requires the Commission to protect land and
water areas with unique natural forms,biologic systems,or aesthetic characteristics of significance
and value to the general public.
Proposed excavation into the steep hillside would be damaging due to the area's sensitive geology
and vulnerability to erosion.The footprint of the house is much too large and located too high for this
sensitive site.k^^S^*S£P
1 4 202V
The KTIauea community has worked to protect the slopes of Nihoku from development for over forty
years.The proposed house would forever impact the views and feeling of a place that area 'ohana
love and enjoy together.
This proposed house would also set precedence for future development of this magnitude along our
cliffs and within our view planes.There has been great effort in the past to preserve "green belt"
views along our coasts,for good reason.Please continue to perpetuate the protection of our views,
landscapes,shoreline cliffs and special areas.
We strongly support community members who are asking for a respectful and sensitive approach to
development in this very special area.Decreasing the size of the proposed house and moving it
substantially farther down would reduce impact on the current landscape.
Mahalo for your important service to Kaua'i.
Respectfully,
Anne Frederick
Executive Director
Fern Anuenue Holland BSc
Hawai'i Alliance for Progressive Action
Community Organizer
L-]ADA
hA'A'A!-ALL'ANCEf.r PROGriE3SIVE ACT'ON
Kaua'i County Planning Commission
Hawai'i Alliance for Progressive Action OPPOSES Monster Home on Nihoku
Tuesday,Sept 14th,2021
RE:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff
Plantation Lot 11-A
Aloha Kaua'i County Planning Commission ChairApisa,Vice-Chair Cox,and Honorable
Commissioners,
HAPA is a statewide environmental,social and economicjustice organization,which
engages over 10,000 Hawai'i residents annually through our work.
HAPA believes the proposed house and accompanying devetopment are much too
large and improperly situated for the ecological and aesthetic sensitivity of the site.
We are very concerned that the community will be greatly impacted by the proposed
house at Nihoku.HAPA also shares concern that the proposed house would impact
seabirds and their habitat.We agree that this house would forever ruin the experience
of this place.
The house is much too large and located far too high up the mountain,in a sensitive
area that should not be built upon at all.HAPA respectfully asks the planning
commission to please deny permits to build the proposed house.
Nihoku is culturally significant and present in many stories,chants and hula for Pele.
The lot adjoins vital sea bird nesting areas for albatross,shearwater,petrel,koa'e
(tropic birds)and more.Crater Hill is a needed relocation site for bird populations from
the northwest Hawaiian Islands whose habitat is shrinking due to sea level rise.
The property is within a county natural land use designation,open zoning and a
Scenic/Ecologic Resources (ST-R)special treatment district area.This requires the
Commission to protect land and water areas with unique natural forms,biologic
systems,or aesthetic characteristics of significance and value to the general public.
Proposed excavation into the steep hillside would be damaging due to the area's
sensitive geology and vulnerability to erosion.The footprint of the house is much too
large and located too high for this sensitive site.
Hawai'i Alliance for Progressive Action,P.0.Box 1534,Kapa'a,Hawai'i 96746
Phone:(808)212-9616 www.HAPAhi.org
The KTIauea community has worked to protect the slopes of Nihoku from development
for over forty years.The proposed house would forever impact the views and feeling of
a place that area 'ohana love and enjoy together.
This proposed house would also set precedence for future development of this
magnitude along our cliffs and within our view planes.There has been great effort in the
past to preserve "green belt"views along our coasts,for good reason.Please continue
to perpetuate the protection of our views,landscapes,shoreline cliffs and special areas.
We strongly support community members who are asking for a respectful and sensitive
approach to development in this very special area.Decreasing the size of the proposed
house and moving it substantially farther down would reduce impact on the current
landscape.
Mahalo for your important service to Kaua'i.
Respectfully,
Anne Frederick
Executive Director
Hawa\"\Alliance for Progressive Action,P.0.Box 1534,Kapa'a,Hawai'i 96746
Phone:(808)212-9616 www.HAPAhi.org
Kristen Romuar-Cabico
From:
Sent:
To:
Subj'ect:
Keith Akana <kalaniakana@yahoo.com>
Sunday,September 12,2021 12:00 PM
Planning Department
Special Management Are Use Permit
CAUTION:This email onginated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy
Director and Staff:
Aloha kakou,
My name is Kalani Akana and 1 am testifying in opposition to the requested
Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A.The land
carries multiple protective land use designations and zoning layers designed to protect scenic and ecological resources of
unique value for the public.My halau was able to visit there to learn and dance about the area as it has cultural
significance to us as evident in the chant "No Luna e ka Halekai,":Nihoku being one such Halekai.
My halau and 1 support the applicant's right to build.However,the proposed house and accompanying development are
much too large and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against
irreversible
negative impacts.On dramatic imprint will be on the nesting and protected birds from the lights of the nearby structure.1
ask the planning commissioners to deny the requested permits.
Thank you for your time and attention.
Sincerely,
Kalani Akana,PHD.,Kumu Hula
^.^.a.5?^
SEP 1 4 2021'^
106
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Attachments:
Philip Green <pjgreen.jr@gmail.com>
Sunday,September 12,2021 12:40 PM
Planning Department
Re:testimonies
Planning Commission Testimony Signitures.pdf
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Planning Commission:
Please see attached signatures and testimony on SMA 2022-1 Philip &Linda Green application.
Thank you,
Phil Green
On Sun,Sep 12,2021 at 12:15 PM Philip Green <piEreen.ir@gmail.com>wrote:
Dear Planning Commission:
Please see attached signatures and testimony from some of our friends in Kilauea.
Thank you,
PhilGreen
Thank you,
Phil Green
f;^.a.^^
SEP ]4 ^
03/10/21
Kauai County Planning Commission:
As a lifelong resident of Kilauea,1 have much aloha for the town.1 have known Phil &Linda Green for
about 15 years.1 have found them to be good,hardworking people and they have become a part of our
community.
1 give my full support for them to buitd their home in Seacliff subdivision within the Building Setback area
stipulated by the County of Kauai years ago.The home fulfills the design,color palette,roof guidelines
and all setback requirements.
Gary Pacheco ^,,ffM^^^/4/•L-y
Sally Kimura 7.^^^^^^.^^^_-^-//-^./
^Z7
Loretta Boro ^/U'-iu-Vj^
T7V
y{^>^^-~5)cm^//Sf^^_
Helen Relacion '-^^<'^//<^'e f^yi^.
Judy Rapozo
r~?,®^r.
u
////_^/
Dale Rapozo /yM^'i./^^-^'r^
Y'"'O S
//•/^'
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
'Aina Momona <ainamomona1893@gmail.com>
Sunday,September 12,2021 1:32 PM
Planning Department
alan.s.downer@hawaii.gov,·susan.ajebo@hawaii.gov,·Kaaina Hull;mehanav@gmail.com
TestimonyforSMAUsePermit(SMA(U)-2022-1),CLASS IVZONING PERMIT (Z-
IV-2022-1),and USE PERMIT (U-2022-1)
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha,
Please find our testimony at the attached links.We are concerned that the application as written failed to include
adequate information on the historic properties and cultural resources.We are also concerned that there appears to be
no SHPD review of the application.
Apologies for the length of the testimony,but we are concerned by the failure of the application to provide information
on the surrounding area.We are particularly concerned that the application references a study that it implies is included
as an exhibit but is not.We believe these sorts of issues only emphasize the need to have the application reviewed by
SHPD prior to approval by the planning commission.
Mahalo
Walter Ritte
033 Aina Momona Testimony Green SMA.pdf
httDS://drive.eooele.com/file/d/lGficQKhaE8nzYWvJXTJrsQvmQHbaYhlr/view?usD=sharine
Walter Ritte,Executive Dicector
'AINA MOMONA
P.0.Box 376 |Ho'olehua,HI 96729
www.kaainamomona .ore
^-^.a.^'
S£P1 4 W01 <g)
'AINA MOMONA
P.0.Box 367 |Ho'olehua,HI 96729
www.kaainamomona.org
Executive Director,Walter Ritte
Board of Directors
Jonathan Kay Karaakawiwo'ole Osorio,Ph.D.
Trisha Kehaulani Watson,J.D.,Ph.D.
Keoni Kauwe,Ph.D.
kuualoha hoomanawai,Ph.D.
Randall Akee,Ph.D.
Noa Lincoln,Ph.D.
Peter Kalawaia Moore,Ph.D.
Noelani Teves,Ph.D.
September 12,2021
Approving Agency:
Kaua'i Planning Commission
Applicant:
Phillip J.&Linda M.Green
Dear Chair Apisa and the Honorable Members of the Planning Commission:
'Aina Momona is a 501(c)(3)Native Hawaiian Organization based in Hawai i.We are an
incorporated organization which serves as represents the interests ofNative Hawaiians,we have a
primary and stated purpose that provisions services to Native Hawaiians,and we have
demonstrated expertise in aspects ofhistoric preservation that are significant to Native Hawaiians.
We^believethe SMA Use Permit (SMArU)-2022-I).CLASS TV ZONING PERMIT <Z-TV-
2Q22-D,and USE PERMIT (U-2022-1)for the construction involvine a oarcel identified as
TMK (4 5-2-004:084 is premature,as it has not yet been reviewed blLthe State Historic
Preservatjon Division,further,we believe thatjhe^application in adeauate o^Jts^face^or
failine to diselosure information^bout historic sites and cultural resources on the oarcel.A
thoroueh and contemDoraneous survev should have been completed and was not.We bejieve
tlus permiLshouldJie demed or otherwise deferred until such time as it comnlies with HRS
6E-42 and adeauatelv discloses all information about the historic sites^n the prooertv and
poteiitjal impacts to those sites,
Section 6.2 ofthe application references a1989 AIS,and indicates the survey is included in Exhibit"0"-but that is not what is provided in Exhibit "G"-instead it is a 2010 AIS for a different
parcel.We have provided the 1989 AIS (Exhibit A),which was for a project with no ground
disturbance.We believe since the permit before you calls for extensive ground disturbance,a full
AIS is appropriate.We do not believe it is appropriate to approve this application until that survey
is complete.
We believe that absent the disclosure of this important that will be yielded from a AIS,the permit
application as submitted is incomplete,as the Commission cannot be expected to make a decision
on a project when all the information has not been disclosed as required under law and regulations.
Page2
We have included the information from the Draft Environmental Assessment from the nearby
agricultural park that adequately identifies bistoric sites in that parcel (Exhibit B)and the full AIS
from that DEA,ofwhich a portion was submitted in support ofthe project's application (Exhibit
C).We have also included the CIA from the agricultural park which documents extensive cultural
interest in the area (Exhibit D).
We urge the denial or deferment ofthis application until sufficient information about historic sites
and cultural resources can be added to the application and considered by the Commission,as
required under law.We also urge the Commission to direct the County to submit this application
to the State Historic Preservation Division for review under HRS 6E-42 as required by law.
Respectfiilly submitted,
/s/Walter Ritte,Executive Director
'Aina Momona
cc:AIan Downer,Ph.D.,State Historic Preservation Officer
Susan Lebo,Ph.D.,State Historic Preservation Division
Kaaina S.Hull,Clerk ofCommission
Attachments
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Michal Stover <mfsleh@yahoo.com>
Sunday,September 12,2021 1:52 PM
Planning Department
Nihoku Proposed Construction,
CAUTION:This email originated from outslde the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless It Is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners:
My name is Mikala Stover.Nihoku (Crater Hill)is important to me because as a KTlauea Point National Wildlife
Refuge volunteer 1 spent years planting and maintaining native vegetation at Nihoku to expand native seabird
nesting habitat.
1 am testifying in opposition to the requested Special Management Area Use Permit,Use Permit &Class IV
Zoning PermitforSea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and
zoning layers designed to protect scenic and ecological resources of unique value for the public.These should
not be waived merely to enable someone to build a very large house.
1am concerned that the proposed house would impact seabirds who call the area home or use it for migration
because it would be much too large and located far too high up the mountain.It would also be constructed in
a geologically sensitive area subject to erosion.1 also feel that the house would forever ruin the experience of
this vital place for both residents and visitors.
am asking the planning commission to please deny permits to build the proposed house.
Thank you so much for all you do for our island of Kaua'i.
With much aloha,
Mikala Stover
KTlauea
102
f?^.^.^
SEP 1 4 2021/
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Madeline Guyett <kinikohu@hotmail.com>
Sunday,September 12,2021 1:56 PM
Planning Department
TMK (4)5-2-004:084 Proposed residential development
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,
Deputy Director &Staff:
My name is Madeline Guyett.Nihoku (Crater Hill)is important to my ohana,myself and this community.1 am
concerned that the proposed structure would impact seabirds who call the area home.1 also feel that it would
forever ruin the experience of this vital place for future generations of Kilauea and Kaua i s young people.The
house is much too large and located far too high up the mountain,in a sensitive area that should not be built
upon at all.When 1 am walking or riding my bicycle in the area,1 appreciate that the grandeur of the view as 1
gaze up towards the top of Nihoku.1 am asking the planning commission to please deny permits to build the
proposed house.
Thank you so much for all you do for our island of Kaua'i and for your consideration.
Aloha Piha,
Madeline Guyett
101
f.Z-C..S-7.
StP \A ^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Derek Gill <derekgill@hotmail.com>
Sunday,September 12,2021 2:28 PM
Planning Department
Hearing Testimony for 9/14/21 meeting
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting,
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,
Deputy Director,and Staff,
My name is Derek Gill.1 am testifying in opposition to the requested Special Management area Use Permit,
Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land
use designations and zoning layers designed to protect scenic and ecological resources of unique value for the
public.These protections are there for a reason,and 1 urge you to uphold them.
1am concerned that the proposed house would adversely impact the albatross,shearwater,petrel,koa'e,
molT,ua'u kani,nene,pueo,and other seabirds who call the area home.1 also feel that it would forever ruin
the experience of this vital place for future generations of Kilauea and Kaua'i young people.This place is
culturally significant to all of Hawai'i in stories,chants,and hula for Pele as Nihoku is the crater which give
Kilauea its name.The proposed excavation into the steep hillside does not honor the land and would be
damaging due to the area's sensitive geology and vulnerability to erosion.
To put it bluntly,the proposed house and accompanying development are much too large and improperly
situated for the ecological,aesthetic sensitivity,and zoning of the site.Granting this permit also sets the
precedent that these protective zoning designations are negotiable,which sets us all on a slippery slope of
endless variances and further degradation of the sacred nature of our island.
My understanding is that the Kilauea community has worked to protect the slopes of Nihoku from
development for over 40 years.The proposed house would forever impact the views and the feeling of a
place that the area ohana love and enjoy together.Let's not sacrifice this for the benefit of an individual.
In order to protect against irreversible negative impact as well as setting a dangerous precedent,1 earnestly
ask the planning commissioners to deny the requested permits.
Thank you all so much for all that you do for our island of Kaua'i.
With Much Aloha,
DerekGill
Princeville,Hl
96
f^.a.9f
SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Natalie Haneberg <natalie.haneberg@yahoo.com>
Sunday,September 12,2021 2:32 PM
Planning Department
Nihoku (Crater Hill)
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners:
My name is Natalie.I was born and raised on Kauai,and my son has lived his entire life in Kilauea.Nihoku (Crater Hill)is important to my family and I
because it IS Kilauea.It has provided my family exercise,play,and solace.My son leamed to ride his bike and skateboard at the foot of the hill.My
husband,friends,and I have had countless walks and bike rides to the top.I am sure many people can describe the sense ofpeace and grounding that they feel
when they look out across the island and the sea from the top of Nihoku.For me and my family,it has not only grounded us,but provided a sense of
place.We all know how important it is to have a sense of place,especially for our keiki.Over the years,we have also enjoyed sighting our precious seabirds
and the Nene that have slowly populated the area,
I am concemed that the proposed house would impact seabirds who call the area home.I also feel that it would forever min the experience of this vital place
for future generations.As we all know,these special places are dwindling on Kaua'i and the rest of the state.The house is much too large and located far too
high up the mountain,in a sensitive area that should not be built upon at all!I am asking the planning commission to please deny permits to build the
proposed house.
Thank you so much for all you do for our island of Kaua'i.
With much aloha,
Natalie Haneberg
y^^.t^l.
SEP 1 4 2021
^
95
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Bonnie Bee <recallbherenow@hotnnail.com>
Sunday,September 12,2021 2:36 PM
Planning Department
Nihoku •No permits for yet ANOTHER Luxury HUGE compound aka "House'
CAUTION:This email originated from outside the County of Kauai,Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
PO Box 30848
Anahola Hawai'i 96703-0848
12 September 2021
[Grandparents Day 2021]
Dear PlanningCommissioners,
Uphold Wahi Pana protection ofNihoku,please.
ALOHA !!!Please refrain from authorization ofany permits at Nihoku.
Safe Nestingarea -WildlifeSanctuaryforEndangered SeabirdsvsANOTHER$Billion $dollar
compound.
Land Speculation,as it will be re-sold,like countless other Real Estate deals...
At the expense of Endangered Seabirds...
(And futuregenerationsofKeiki )
Their ability to know
Mo'olelo Manokalanipo
Leave "Open Space"
The proposed proposal,no doubt will be lit up
as the Historic County Building at Christmas Time:
But,this proposed multiple $Billion $COMPOUND
(not a "House")will cause Light Pollution
24/7 -365 days a year.
95 percent of the population of Endangered Seabirds in Hawai'i Nei have been decimated in the last
two-decades,due to urbanization of Kaua'i.
PMRF brings fallen Endangered Seabirds to Nihoku.
•STOP the continued rape and plunder of Kaua'i ~and the extinction of Endangered Seabirds...at this moment in
time:Nihoku
By wealth and The Big Five remnant factor.^^""^^W •W^v *
93 ^%a^.'SEPH202f
V protect the Endangered Seabirds
•Prostitution deals of 'Aina on Kaua'i have been rampant *STOP 'this'despicable issuing of permits "NO"to
desecration at Nihoku.
MAHALO !!!!!
SincerelyWithALOHA,
Bonnie P.Bator and 'Ohana
(Keana'aina,Kai'aokamaile,Keli'ikoa,Kai)
94
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Jac O'Keeffe <infojokeeffe@gnnail.com>
Sunday,September 12,2021 2:47 PM
Planning Department
Hearing Testimony for 9/14/21 meeting
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,
Deputy Director,and Staff,
My name is Jacqueline OKeeffe Gill.1 am testifying in opposition to the requested Special Management area
Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple
protective land use designations and zoning layers designed to protect scenic and ecological resources of
unique value for the public.These protections are there for a reason,and 1 urge you to uphold them.
1am concerned that the proposed house would adversely impact the albatross,shearwater,petrel,
koa'e,molT,ua'u kani,nene,pueo,and other seabirds who call the area home.1 also feel that it would
forever ruin the experience of this vital place for future generations of Kilauea and Kaua i young people.This
place is culturally significant to all of Hawai'i in stories,chants,and hula for Pele as Nihoku is the crater which
give Kilauea its name.The proposed excavation into the steep hillside does not honor the land and would be
damaging due to the area's sensitive geology and vulnerability to erosion.
To put it bluntly,the proposed house and accompanying development are much too large and improperly
situated for the ecological,aesthetic sensitivity,and zoning ofthe site.Granting this permit also sets the
precedent that these protective zoning designations are negotiable,which sets us all on a slippery slope of
endless variances and further degradation of the sacred nature of our island.
My understanding is that the Kilauea community has worked to protect the slopes of Nihoku from
development for over 40 years.The proposed house would forever impact the views and the feeling of a
place that the area ohana love and enjoy together.Let's not sacrifice this for the benefit of an individual.
In order to protect against irreversible negative impact as well as setting a dangerous precedent,1 earnestly
ask the planning commissioners to deny the requested permits.
Thank you all so much for all that you do for our island of Kaua'i.
With Much Aloha,
Jacqueline OKeeffe Gill
Princeville,Hl
91
f^^.a.^i.
SEP1 4 2021,
Kristen Romuar-Cabico
From:
Sent:
To:
Subj'ect:
Pamela Frierson <pamela@pamelafrierson.com>
Sunday,September 12,2021 3:17 PM
Planning Department
comment on protecting Nihoku area
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is somethlng you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Directi
My name is Pamela Frierson.1 am the author of The Last Atoll,a book about saving island endemic species,
colonies at Kilauea Point and thereabouts,are among the very environmentally fragile northwestern island
driven nearly extinct among the main islands.At present the Kilauea area is the most important nesting ar<
standards for special area management in that so designated area.
For these reasons1am testifying in opposition to the requested Special Management area Use Permit,Use
carries multiple protective land use designations and zoning layers designed to protect scenic and ecologic
right to build on the site.However,the proposed house and accompanying development are much too lar^
the site.In order to protect against irreversible negative impacts,I ask the planning commissioners to deny
Sincerely,
Pamela Frierson
67-5035 Yutaka Pen Place
Kamuela,Hl 96743
^^a.^^'
SEP 1 4 2021 ®
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Attachments:
Bruce Whale <brucewhale1@mac.com>
Sunday,September 12,2021 3:51 PM
Planning Department
RE:SMA 2022-1
GREEN -SEACLIFF.pdf;PastedGraphic-l.tiff
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sender is known to you unless it is something you were expecting.
To:PlanningCommission:
Please note that 1 would like to be part of the audio testimony for this file.
My written submission for this file is attached below.
Thankyou
BruceWhale.
£iruceWhale
REALTORC5),e-Fro,CLHM5
sos.05$'.2^7'1
eXp Realttj
Luxury 5pecial
MillionDollarGuild
le 1 @mac.com
ie.exprealtu.com
R5-75^??
^-his email and any file5 transmitted with it are confidential and intendecl solelL)(-or the use
>e individual or entitt4 to whom theu are addreased.F iease notit't4 the sender immediately by e-
Lfou nave receiveci tnis e-mail DU mistake ana aeiete thi5 e-mail rrom uour austem.ir you are
not the intended recipient you are notit'ied that dfsclosing,copL|ing,distnbuting ortaking ani
action in reliance on the contents ot-this int-ormation 15 5tnctlu prohibited.
'
SEP 1 4 202f(^)
'yp'
To:The Planning Commission.SeptemberlO,2021
My name is Bruce Whale and for the past 25 years 1 have been working as an
architectural designer here on Kauai.1 am also a licensed realtor for the last 12 years.
1 have designed and followed through permitting and construction over 85 SFR's in that
time,a fair amount of them in sensitively zoned areas.
1 have also been very closely involved in Seacliff Plantation for many years,both in my
design and real estate capacities.1 am a member of the Seacliff Design Review
Committee,so am very familiar with the design restrictions imposed on all owners.
This testimony is in support of Philip and Linda Green.I am familiar with Phil and
Linda's Kauai history and it closely mirrors my own here on Kauai,and that journey
starts with arriving here with little to no resources,working 7 days a week for decades,
breaking your back to build a life and a business.
As long time south Kilauea farmers both Phil and Linda turned a property into a very
successful farming operation.They are certainly not "rich mainlanders here exploiting
the aina"as is so often leveled at some non-Native Hawaiians.
Knowing Jim O'Connor very well and having had many in-depth discussions on the
origins of Seacliff Plantation over the decades,it has given me a particular insight and
perspective on the development and the history of Kilauea,particularly post-plantation
days.
For the last two decades working closely with Avery Youn 1 have also had the
opportunity to hear first hand his logic to much of the CZO additions he made.
With all of this background I am finding it extremely difficult to contain my outrage at
what the Green's are being subjected to.
Firstly,there is no law,statute or CZO requirement that states that the Green's need a
letter or any type of approval,written or otherwise from the Kilauea Neighborhood
Association,to be able to proceed with County permitting.
Secondly,the frivolous claims from the complainant should be thrown out of the
Green's orbit as they have nothing to do with them.The property the Green's have
acquired was available for many,many years on the open market,and if it was so
sacred to this complainant,why didn't she pass the hat around her community or get a
grant to buy it.No,lets rather wait until a hard working Kauaian buys it and then make
their well deserved retirement years hell on earth.
Thirdly,following the history of those lots on the hillside,and lot 11 in particular,which
used to be lot 9 &10,has been shrunk back over the years to what it is now.Lot 11,(9
&10),used to go right overthe hill towardsthe lighthouse,as I'm sure all ofyou know.
Lot 11 is a shadow of what it was before,now whittled down to a small (County
approved)building envelope.The Green's,having gone through the strict Design
Review process of Seacliff (approved by the County)have every right under the law to
build exactly where and what the Design Review Committee of Seacliff has already
approved.
The fact that the Green's actually had KNA approval and were strung out from
December 2020 through June 2021 awaiting their actual approval letter again shows
total disdain or respect for them.The general public,along with the KNA can comment
all they like.....the process,guidelines and guarantee of property owners rights in
Seacliff have already been signed off by the County.
Fourthly,1 am astounded at the hypocrisy.If 1 buy a piece of land right in Kilauea town,
1 can not only build whatever 1 like under the County code,but1can build it out of any
variety of material 1 choose,make it as aesthetically displeasing as 1 like,and paint it
any color on Earth that I want,and 1 can do it......all without any KNA approval
whatsoever.But a development,a mile out of Kilauea town,all County approved under
strict guidelines is subject to scrutiny by and approval of a partisan and hostile group
with no legal right to assert it.
Fifthly,the best part of the Kilauea area is the zone that has been created by Seacliff.
Why do 1 say this?Every day 1 watch as a large number of Kilauea residents head down
Lighthouse Rd.to Seacliff or close by,either to go and watch the sunset,walk their
dogs,exercise or relax,and that is because of the careful planning and vision that
created it,which has continued through the Seacliff Design Review process.
There would be no bird sanctuary,75 acres of open fields or the community farm if it
wasn't for Seacliff.So rather than the attitude that currently abounds about Seacliff
Plantation,it should be replaced with a sense of gratitude and respect,and that
includes respect for the many residents of Seacliff and their legal rights,who are
people like the Green's that have worked hard to earn the right to own there.
Finally,1 say again that Phil and Linda Green have every right to build exactly what the
Seacliff Design Review Committee (and hence County)has already approved,which is
a very modest home made from materials that will merge into the hillside,and be a
welcome addition to the Seacliff Community.The 12 acres that the Green's now own is
County approved for two homesites and 1 fully approve of their legal right to build both
homes.
Your sincerely
.•^/•c'-
Bruce Whale.
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
Attachments:
Wayne Tanaka <waynet@oha.org>
Sunday,September 12,2021 3:55 PM
Planning Department
Annie Kauhane;Sharde Freitas;Letani Peltier
Planning Commission Testimony for agenda item F.2.a.
Testimony -Kauai County Planning Commission Item 2a FINAL.pdf
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
Aloha,
Please find attached the administrative testimonyofthe Office ofHawaiian Affairson agenda item F.2.a forthe Planning
Commission's Sept.14 meeting.
Mahalo nui,
WayneTanaka
Public Policy Manager
Office of Hawaiian Affairs
(808)594-1945
waynet@oha.org
^^.4.fr^
SEP 1 4 2021,^
OFFICE OF HAWAIIAN AFFAIRS
Administrative Testimony
Planning Commission
CountyofKaua'i
AGENDA ITEM F.2.a
SPECIALMANAGEMENTAREAUSEPERMIT(SMA(U)-2022-1),CLASSIVZONING
PERMIT (Z-IV-2022-1),and USE PERMIT (U-2022-1)for the construction of a farm
dwelling unit,guest house,garage and associated site improvements within Lot 11 -A of
the Seacliff Plantation Subdivision in Kilauea,involving a parcel situated approximately
1,000 feet west ofthe Pali Moana Place/Makana'ano Place intersection,further identified
as Tax Map Key:(4)5-2-004:084 (Unit 1)affecting a portion ofa larger parcel
approximately 1 2.305 acres in size =Phillip J.&Linda M.Green.
Kepakemapa 14,2021 9:00 a.m.Halawai Keleka'a'ike
The Office of Hawaiian Affairs (OHA)offers the following COMMENTS on Agenda
Item 2a,which relates to a Special Management Area Use Permit,Class IV Zoning Permit,
and Use Permit for construction and associated site improvements within Lot 11 -A of the
Seacliff Plantation Subdivision in KTlauea.
OHA is the constitutionally-established body responsible for protecting and
promoting the rights of Native Hawaiians.1 OHA has substantive obligations to protect the
cultural and natural resources of Hawai'i for the agency's beneficiaries.2 Accordingly,
OHA is required to serve as the principal public agency in the State of Hawai'i (State)
responsible for the performance,development and coordination of programs and activities
relating to Native Hawaiians;assess the policies and practices ofother agencies impacting
Native Hawaiians;and conduct advocacy efforts for Native Hawaiians.3 It is with this
kuleana in mind that OHA offers the following comments.
To give meaning to the constitutional mandate4 that the State protect and enforce
Native Hawaiian traditional and customary rights,the Hawai'i Supreme Court in Ka
Pa'akai o ka 'Aina v.Land Use Commission5 established a three-step analytical framework
that state and county decisionmakers must follow,before rendering decisions that may
impact natural and cultural resources,sites,and associated practices.This "Ka Pa'akai
analysis"requires that government decisionmakers make specific findings and conclusions
as to the following,when considering a petition or rendering a decision that may impact
'HAW.CONST.ART.XII§5.
2 See Haw.Rev.Stat.("HRS")Chapter 10.
3HRS§10-3.
4 HAW.CONST.ART.XII §7.
5 Ka Pa'akai O Ka 'Aina v.Land Use Com'n,7 P.3d 1068 (Hawai 'i 2000).
Kaua'i Planning Commission
Agenda Item F.2.a
September 14,2021
Native Hawaiian traditional and customary practices:(1)the identity and scope ofvalued
cultural,historical,or natural resources in the petition area,including the extent to which
Native Hawaiian traditional and customary rights are exercised in the petition area;(2)the
extent to which those resources,including Native h-lawaiian traditional and customary
rights,will be affected or impaired by the proposed action;and (3)the feasible action,if
any,to be taken to reasonably protect Native Hawaiian rights ifthey are found to exist.
OHA understands that Native Hawaiian community members,including the
members of Na Kia'i Nihoku,have identified a range ofvalued natural and cultural
resources and sites that underly Native Hawaiian traditional and customary practices
associated with Nihoku,which may be significantly and irreparably impacted by the
contemplated development of the crater.6 These include nesting habitat for culturally
significant native manu,historical viewplanes,and the crater itself.Oh-IA emphasizes that
the Commission has a constitutional duty,as further described by the Hawai'i Supreme
Court,to fully consider these resources,sites,and practices,and to take all necessary
action to reasonably protect them in its deliberations and decisionmaking.
OHA does understand that the applicant has offered several proposals to mitigate
some potential impacts,including:installing downward shielded lights,incorporating
features in the Agricultural Plan that may create additional habitat for avian species,
working with the U.S.Fish and Wildlife Service to establish a viewing location in the
Open Space Easement to observe the noted avian species,employing earth tone color
schemes to all materials used,and continuing to engage in discussions with cultural
practitioners.7 OHA further appreciates that the Planning Department recognizes that"[cjonstruction plans should not be finalized until all issues [identified in Exhibit M ofthe
application]are resolved with Na Kia'i Nihoku."8 However,OHA does express some
concern that insofar as these issues are concerned,the Planning Department's preliminary
recommendations only address the use of downward-facing shielded lights and dark earth-
tone colors.9 OHA also notes that Na Kia'i Nihoku have offered a range of additional
information and actions that the Commission should consider in fulfilling its constitutional
mandate,including reductions in development footprint and the relocation ofthe
proposed development to a less sensitive area;limitations on any excavation work which
may significantly undermine the natural and cultural integrity of the area;and further
protections for the unique geological,biological,and cultural features ofthis wahi pana.
6 See In the Matter of the Application of Philip J.Green and Linda M.Green,Exhibit M (pages 397 -403 of
the Agenda Packet);Supplement #1 to Planning Director's Report (pages 422-437 of the Agenda Packet).
7 See In the Matter of the Application of Philip ).Green and Linda M.Green,40-43 (pages 397 -403 of the
Agenda Packet).
8 Director's Report,8 (page 412 ofthe Agenda Packet).''Director's Report,11-13 (page 415-41 7 ofthe Agenda Packet).
Kaua'i Planning Commission
Agenda Item F.2.a
September 14,2021
OHA therefore urges the Commission to carefully consider the entire record,
including testimony submitted for its September 14 meeting,and to incorporate any and
all proposed mitigation measures provided by the community in order to fulfill its
constitutional obligations as required by the Hawai'i Supreme Court.
Finally,OHA notes that Ka Pa'akai c\anf\es an affirmative duty that is incumbent
on the State and counties,as well as their instrumentalities.Although the applicant's
efforts to help the Commission satisfy its constitutional obligations are appreciated,OHA
cautions that it is not the applicant's responsibility to conduct a Ka Pa'akai analysis,nor
are they able to discharge the State and County's constitutional duties to preserve and
protect Native Hawaiian traditional and customary rights.10
Mahalo for the opportunity to provide testimony on this matter.
10 See Ka Pa'akai O Ka 'Aina v.Land Use Com'n,7 P.3d 1068,1081 (Hawai'i 2000)(holding that the Land
Use Commission improperly delegated its authority to consider the effect of the proposed development on
Native h-lawaiian traditional and customary practices).
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Attachments:
Anne Torio <anne.torio@k12.hi.us>
Sunday,September 12,2021 4:00 PM
Planning Department
Public Testimony re:Nihoku
Annie Torio Nihoku Testimony.pdf;Kira Szegda -Nihoku Testimony.pdf;Gianna-Leigh
Contrades -Nihoku Testimony.pdf;Breezy Longley -Nihoku Testimony.pdf;Makoa
Lord-Alapai -Nihoku Testimony.pdf;Anaualeikupuna Vaughan -Nihoku Testimony.pdf;
Callie Worley -Nihoku Testimony.pdf;Brea Torio -Nihoku Testimony.pdf;Tierra
Andrews -Nihoku Testimony.pdf;Pookela Brown -Nihoku Testimony.pdf
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Please read Testimony by Annie Torio first.The rest can go in any order.
Mahalo
This is a staff email account managed by Hawaii Department Of Education School District.This email and any files
transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are
addressed.Ifyou have received this email in error please notifythe sender.
^Z-^'fiSEP14202T
Annie Torio
KTIauea School
2440 Kolo Rd.
Kilauea,Hl 96754
Re:PermittingforSea CliffLot11A
Friday,September 10,2021
Dear Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning
Commissioners,
My name isAnnie Torio.1 am a fourth grade teacher at KTIauea School and 1 am writing to you
today in regards to the requested Special ManagementArea Use Permit,Use Permit &Class IV
Zoning Permit for Sea Cliff Plantation Lot 11-A.My students and l took some time in class to
review the facts regarding this situation occurring in our immediate community.You will see
their responses in the testimony attached.We created the template for this testimony together
as a class,and they had the ability to insert their individual thoughts and opinions regarding the
matter into each of their letters.We discussed the importance of sharing their mana'o with
elected officials,and also the importance of respecting others with different ideas than theirs.
These letters are authentically written and include a great deal of thought from these nine and
ten year olds.Although each ofthem completed a testimony,1 am attaching the nine student
testimonies that 1 received parent consent for.
Mahalo for taking the time to listen to the thoughts of the keiki of this 'aina.Me ke aloha.
Brea Torio
KTIauea School
2440 Kolo Rd.
Kilauea,Hl 96754
Re:Permitting for Sea Cliff Lot 11A
Friday,September 10,2021
Dear Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning
Commissioners,
My name is Brea Namaka Walu Torio.1 am a fourth grade student at KTIauea Schooland 1 am
writing to you today in regards to the requested Special ManagementArea Use Permit,Use
Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.l think this house should not
be built on Nihoku because ofall the native birds and the sacred land.
I think Nihoku is important because it is a sacred land.1 have a persinal connection to Nihoku
because my ohana has been a part of this community for generations.1 have experienced that
place with my ohana and it is beautiful and ancient.
Please deny the current building ofthe house and the permits as requested.
Mahalo for taking the time to listen to my thoughts.
p.^^.c^.
'^U
2021',
Callie Worley
KTIauea School
2440 Kolo Rd.
Kilauea,Hl 96754
Re:Permitting for Sea Cliff Lot 11A
Friday,September 10,2021
Dear Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning
Commissioners,
My name is Callie Worley.1 am a fourth grade student at KTIauea School and I am writing to you
today in regards to the requested Special ManagementArea Use Permit,Use Permit &Class IV
Zoning Permit for Sea Cliff Plantation Lot 11-A.l think that property should not be built on
Nihoku because it's a part ofthe community and our 'ohana.
As a community member of Kilauea 1 don't want them to build a house because of the birds and
wildlife and because it is sacred.Pele and Namaka fought there and made the crater.
Please deny the permits as requested.
Mahalo for taking the time to listen to my thoughts.
f^^.^.<^.
SEP]4202-j ^
Gianna-leigh Contrades
KTIauea School
2440 Kolo Rd.
Kilauea,Hl 96754
Re:Permitting for Sea Cliff Lot11A
Friday,September 10,2021
Dear Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning
Commissioners,
My name is Gianna-leigh Contrades.1 am a fourth grade student at KTIauea School and 1 am
writing to you today in regards to the requested Special ManagementArea Use Permit,Use
Permit&Class IVZoning PermitforSea Cliff Plantation Lot 11-A.l think that this property
should not be built on Nihoku.
As a part ofthe Kilauea community 1 don't approve that they want to build a house there.
It is sacred land and where they are building it is where a lot of birds are.The birds live there,
that is their home.1 think that nobody should be able to look up at Nihoku and see a huge
house.
Please deny the current building permits as requested.
Mahalo for taking the time to listen to my thoughts.
f:-^.o.<»x
SEP 1 4 2021 ^
Breezy
Longley
KTIauea School
2440 Kolo Rd.
Kilauea,Hl 96754
Re:Permitting for Sea Cliff Lot11A
Friday,September 10,2021
Dear Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning
Commissioners,
My name is Breezy W.Longley I am a fourth grade student at KTIauea School and 1 am writing
to you today in regards to the requested Special ManagementArea Use Permit,Use Permit &
Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.l think it should be built because they
have bought the property.
1 believe that these people should be allowed to build their home and live their life living in this
amazing place.We must allow new people into our community.This island deserves more love.
These people may help the community;they could be a great addition to the community.
Please let them build their home.
Mahalo for taking the time to listen to my thoughts.
^.^.fc^*
SEPl 4 2021
Kira Szegda
KTIauea School
2440 Kolo Rd.
Kilauea,Hl 96754
Re:Permitting for Sea Cliff Lot11A
Friday,September 10,2021
Dear Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning
Commissioners,
My name is Kira Szegda.I am a fourth grade student at KTIauea School and 1 am writing to you
today in regards to the requested Special ManagementArea Use Permit,Use Permit &Class IV
Zoning Permit for Sea Cliff Plantation Lot 11-A.l think this property should not be built on
Nihoku.
As a Kilauea Community member I think it should not because it is a beautiful,special place and
when 1 go there it is nice and peaceful.1 think it is important because it has lots of history and
lots of birds live there too.
Please deny the current building permits as requested.
Mahalo for taking the time to listen to my thoughts.
^^..^.-ra
SEP 1 4 2021
Makoa lordAlapai
KTIauea School
2440 Kolo Rd.
Kilauea,Hl 96754
Re:Permitting for Sea Cliff Lot11A
Friday,September -10,2021
Dear Planning Commission ChairApisa,Vice-Chair Cox,and hlonorable Kaua'i Planning
Commissioners,
My name is Makoa Lord Alapai.I am a fourth grade student at KTIauea School and 1 am writing
to you today in regards to the requested Special ManagementArea Use Permit,Use Permit &
Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.l think this property should not be built
on Ninoku because it is ware pele and Namaka fought up their
I've been their with my family and school.1 know it is important because the animals live there.
Please deny the current building permits as requested.
Mahalo for taking the time to listen to my thoughts.
/1f-
^-.^•^-
S£p \4 2021 (
Tierra Andrew
KTIauea School
2440 Kolo Rd.
Kilauea,Hl 96754
Re:Permitting for Sea Cliff Lot 11A
Friday,September 10,2021
Dear Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning
Commissioners,
My name is Tierra Andrews.1 am a fourth grade student at KTIauea School and 1 am writing to
you today in regards to the requested Special ManagementArea Use Permit,Use Permit &
Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.I think this property should not be built
on Nihoku.
As a community member 1 care because my ohana has lived here for generations and also
there is nature and aina.1 believe this can not happen because my papa has told me storys
and 1 have had experiences there.
Please deny the permits as requested because 1 don't want them to build their mansion.
Mahalo for taking the time to listen to my thoughts.
p;^..4.-1<>.
SEP1 4 2021
Pookela brown
KTIauea School
2440 Kolo Rd.
Kilauea,Hl 96754
Re:Permitting for Sea Cliff Lot11A
Friday,September 10,2021
Dear Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning
Commissioners,
My name is Pookela brown.I am a fourth grade student at KTIauea School and 1 am writing to
you today in regards to the requested Special ManagementArea Use Permit,Use Permit &
Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A.l do not think that they should build a
house up there.
1 go up there with my family and my class.1 know it is special because it's a good place to go
when you are feeling sad or happy.
Please deny the permits as requested.
Mahalo for taking the time to listen to my thoughts.
F,^«^-
SEP 1 4 2021:
Anaualeikupuna Vaughan
KTIauea School
2440 Kolo Rd.
Kilauea,Hl 96754
Re:Permitting for Sea Cliff Lot 11A
Friday,September 10,2021
Dear Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning
Commissioners,
My name is Anaualeikupuna Vaughan .1 am a fourth grade student at KTIauea School and 1 am
writing to you today in regards to the requested Special ManagementArea Use Permit,Use
Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.l think this property should not
be built on because it is a bird refuge.
As a community member of Kilauea,1 know that Nihoku is a sacred place where birds can rest,
and the mo'olelo and legacy ofthe battle between Pele and Namaka can live on.
Please deny the building permits as requested.
Mahalo for taking the time to listen to my thoughts.
fl ^^f^
SEP \4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Kirstie Daly <keahidaly@gmail.com>
Sunday,September 12,2021 4:01 PM
Planning Department
Personal Testimony on Item 2a:Special Management area Use Permit,Use Permit &
Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11 -A
CAUTION:This email onginated from outside the County of Kauai.Do not click links oropen attachments even ifthe
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners,
My name is Kirstie Daly.1 am writing today in hopes that you will consider my testimony in your review process of the
proposed 12,000 square foot house on Nihoku (Crater Hill).Item 2a:Special Management area Use Permit,Use Permit &
Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11-A.
1 grew up in Kilauea and like many others from the old neighborhood,1 hope to be able to one day afford to buy a home.
Prices have gone up eight times over since my parents bought their first home in Kilauea in the early 1990s.This all to
say,Kilauea will always be my hometown,regardless if 1 can afford to reside there.1 will always return to this place to
visit family and enjoy the sunset with a walk up crater hill.
When you come from a place,you work hard to preserve its essence,to protect its uniqueness and aspire to share these
treasure with others,in their authentic state.
Crater Hill has been developed over the years,and 1 understand this has been planned for decades.Some long time
Kauai residents say it's too late to hold on to a less congested Kauai.But 1 believe the decisions we make now will
determine what our community can protect and collectively value in perpetuity.The decisions we make to alter the
landscape will decide if our landmarks are even recognizable.How would it look jf homes were built on the high reaches
of Sleeping Giant?We carry the responsibility as Kauai residents to value these one of a kind landscapes.This includes
set limits on how much development can encroach on irreplaceable geological and cultural landmarks.
Plan and simple,the home in question is just too large and located too high up the mountain.1 am asking the planning
commission please deny permits to build the proposed house at its current specificities.Another location on their
adjoining property should be considered.
1 humbly ask that you continue to uphold what we collectively value as a community.Please approve plans that will
protect our ability to view in wonder this special place,as true to historical observation as possible.To view the
mountain ridge in its entirely.To protect the top of Crater Hill for the native birds,unique to this place.To honor the
work of US Fish and Wildlife and community groups over decades to restore habitat.People travel across the world to
see this place,in its glory.We do no one a favor by removing the brilliance of our special areas for the use of private
owners.
Thank you so much for all the work you do for our island of Kaua'i.Thank you for including my testimony in the review
process.
Mahalo,
Kirstie Daly a.^9
85
f;^
SEP I 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Joell Edwards <joellmedwards@gmail.com>
Sunday,September 12,2021 4:03 PM
Planning Department
Application special permit 2-IV-2022-1
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha ~
My name is Joell Edwards.owner of Wainiha Country Market.
1 am writing in opposition to the proposed home to be built on Nihiku in Kilauea.
Nihiku or Crater Hill as many know it,holds a special place in many families on the north shore.Not only does it
represent geological history,but it houses and protects our island seabirds.
Just the landwork alone would create havok for these native birds,which may ruin future generations going forward.
The house is also too large to be built on a sensitive area,which should remain beautifully calm and protected.
1 am asking the planning commission to please deny permits to build the proposed house.
Much respect for all you do for our community and Island of Kaua'i.
OnlyAloha
Joell M Edwards
5-6607 Kuhio Highway
HanaleiHI 96714
916-778-8313
Joell M.Edwards
916.778.8313
Thank You,Joell Edwards
^^.^l.-7^
SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Jessica <jessntd@gmail.com>
Sunday,September 12,2021 4:13 PM
Planning Department
Protect Nihoku
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
Aloha Kauai Planning Commission,
As you know,an application proposed 'megahouse'
to be built on the upper slopes of Nihoku (and near the
nesting sites of birds such as molT,ua'u kani,nene,and
pueo)is before the commission awaiting approval 1 am
writing to ask that the County Planning commission
either deny the permit outright,or approve it only with
the proviso that the house built lower on the slopes,
away from the bird refuges,and only if the square
footage be reduced from its proposed size of 12,000
square feet to one substantially lower.
Nihoku is the crater which gives KTIauea (meaning//spewing//like the active volcano)its name.It is
culturally significant to all of Hawai'i in stories,chants
and hula for Pele.-p ^^.•77.
79 SEP 1 4 2021
•(^
The lot adjoins vital sea bird nesting areas for
albatross,shearwater,petrel,koa'e (tropic birds)and
more.Crater Hill is a needed relocation site for bird
populations from the northwest Hawaiian islands
whose habitat is shrinking due to sea level rise.
The property is within a county natural land use
designation,open zoning and a Scenic/Ecologic
Resources (ST-R)special treatment district area.This
requires the Commission to protect land and water
areas with unique natural forms,biologic systems,or
aesthetic characteristics of significance and value to
the general public.
Proposed excavation into the steep hillside would be
damaging due to the area's sensitive geology and
vulnerability to erosion.The footprint of the house is
much too large and located too high for this sensitive
slte.
80
The KTlauea community has worked to protect the
slopes of Nihoku from development for over forty
years.The proposed house would forever impact the
views and feeling of a place that area 'ohana love and
enjoy together.
Although 1 am not a resident of Kauai,1 am a Hawaii
resident and 1 am very concerned about our 'Aina,
especially in this season ofglobal warming and
concerns over sustainability pertaining to water,food
and other essential services for our island home.If at
all possible,as much of our land needs to be preserved
so future generations can have a sustainable
ecosystem to live in once global warming and sea level
rise become more and more impactful.A megahouse
is not in line with these objectives,and not within that
ofthe state's proposal to be sustainable by 2050.
In this light,please modify the application to be
approved only if it is lower on the slopes and reduced
in proposed size,or reject the application entirely.
81
Mahalo for your time to this issue.Jessica Kuzmier
Bauer,Kailua-Kona
82
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Wahinepoaimoku Nahale-a <lonokahikini2@gmail.com>
Sunday,September 12,2021 4:19 PM
Planning Department
PROTECT NIHOKU.Appose SPECIAL MANAGEMENTAREA USE PERMIT
(SMA(U)-2022-1),CLASS IV ZONNING PERMIT (Z-IV-2022-1),and USE PERMIT
(U-2022-1)
CAUTION:Thls email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners:
My name is Wahinepo'aimoku Nahale-a,I'm from Keana,Ko'olauloa,O'ahu,and I'm in the llth grade at Kamehameha
Schools.Nihoku (Crater Hill)is important to my family and 1 because we believe in protecting and maintaining the places
that are of vital importance to Hawai'is culture,environment,and species.1 am concerned that the proposed house
would impactseabirdswhocallthe area home.1 alsofeel that it would forever ruin the experience ofthisvital placefor
future generations of KTIauea and Kaua'i young people.The house is much too large and located far too high up the
mountain,in a sensitive area that should not be built upon at all.1 am asking the planning commission to please deny
permits to build the proposed house.
Thank you so much for all you do for our island of Kaua'i.With much aloha,
Wahinepo'aimoku L.Nahale-a
78
f^^.^t.'rir
SEP 1 4 2021 ®
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Sarah Wright <sarah.wright15@gmail.com>
Sunday,September 12,2021 4:55 PM
Planning Department
Testimony for Item 2a:Special Management area Use Permit,Use Permit &Class IV
Zoning Permit for Sea Cliff Plantation Subdivision Lot 11 -A
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy
Directorand Staff:
My name is Sarah Wright.1 am testifying in opposition to the requested Special Management area Use Permit,Use
Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use
designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We
support the applicant's right to build on the site.However,the proposed house and accompanying development are
muchtoo large and improperlysituatedforthe ecological and aestheticsensitivityofthesite.In orderto protect against
irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for your time
and attention.
With aloha,
Sarah
650-576-9875
sarah.wrightl5@gmail.com
Re:Agenda Item 2a:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff
Plantation Subdivision Lot 11-A
74
^-/^.^i.-y^
SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Michael &Patti <wisevalentine@gmail.com>
Sunday,September 12,2021 5:23 PM
Planning Department
AGENDA ITEM:2.New Agency Hearing
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Aloha Planning Commission ChairApisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,
Deputy Director and Staff:
My name is Patti Valentine,and 1 am a resident ofAnahola.1 am testifying in opposition to the requested
Special Managementarea Use Permit,Use Permit &Class IVZoning PermitforSea CliffPlantation Lot 11-A.
The land carries multiple protective land use designations and zoning layers designed to protect scenic and
ecological resources ofuniquevalueforthe public.Thisarea has been home to manyofourseabirdsand the
nene for decades;since they cannot give testimony 1 do 50 on their behalf.The delicate balance of their living
situation will be foreverdisturbed ifthis permit is given.
1 support the applicant's right to build on the site.However,the proposed house and accompanying
development are much too large and improperly situated for the ecological and aesthetic sensitivity of the
site.In orderto protectagainst irreversible negative impacts,I askthe planningcommissionerstodenythe
requested permits.If this mega property is permitted,that entire hillside will soon be covered with
mcmansions and we all will lose the birds.
Thank you for your time and attention.
Sincerely,
Patti Valentine
Olakino maika i;Live healthy
Lokomaika i:Share with each other
69
f;<?.«.w.
SEP \4 202^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Jordan Lemke <jlemke2015@yahoo.com>
Sunday,September 12,2021 6:05 PM
Planning Department
Nihoku Testimony
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
Aloha Planning Commission ChairApisa,Vice-ChairCox,and Honorable Kaua'i Planning
Commissioners:
My name is Jordan Loudon.Nihoku (Crater Hill)is important to my family and 1 because we are KTIauea
residents and we are concerned about the over-development of these islands for both commercial and
residential use.1 am concerned that the proposed house would impact seabirds who call the area
home.1 also feel that it would forever ruin the experience of this vital place for future generations of
KTIauea and Kaua'i young people.The house is much too large and located far too high up the mountain,
in a sensitive area that should not be built upon at all.1 am asking the planning commission to please
deny permits to build the proposed house.
Thank you so much for all you do for our island of Kaua'i.
Aloha nui,
Jordan Loudon
^^a.y*
$EP 1 4 2021 ^
63
Kristen Romuar-Cabico
From:
Sent;
To:
Subject:
Chris Moore <chrisrmoore@zohomail.com>
Sunday,September 12,2021 6:20 PM
Planning Department
Testimony regarding SMA(U)-2022-1),CLASS IV ZONING PERMIT (Z-IV-2022-1),and
USEPERMIT(U-2022-1)
CAUTION:This emall originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
Aloha Planning Commissioners,director and staff.
The applications before you are there for your careful consideration being protected in the county natural
land use designation,open zoning and a Scenic/Ecologic Resources (ST-R)special treatment district area.Your
commission is representing everyone on our island to protect these resources.
It is not feasible to protect these assets and allow development on the slope.The structures,landscape,roads,their
traffic,lighting and noise is all out of place.
We trust that you will protect this area from the development,large or small.
Mahalo,Chris Moore and Javed Maksood
808-652-2063
^-?..^-n~
59 SEP \4 2
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Hula Sk8r <beatingheart1@gmail.com>
Sunday,September 12,2021 6:31 PM
Planning Department
Opposition to the requested Special Management area Use Permit,Use Permit &Class
IV Zoning Permit for Sea Cliff Plantation Lot 11 -A
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,
Deputy Director and Staff:
My name is MeleLani Llanes from Makakilo,O'ahu.1 am testifying in opposition to the requested Special
Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A.The land
carries multiple protective land use designations and zoning layers designed to protect scenic and ecological
resources of unique value for the public.The proposed house and accompanying development are much too
largeand improperlysituatedfortheecological and aestheticsensitivityofthesite.In orderto protectagainst
irreversible negative impacts,1 askthe planningcommissionersto denythe requested permits.Irresponsible
development needs to stop!Thank you for your time and attention.
Sincerely,
MeleLani Llanes
Makakilo,O'ahu
v ^^.^^
SEP1 4 nn"l
58
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Toi Pua La'a <alolaa108@gmail.com>
Sunday,September 12,2021 7:03 PM
Planning Department
Sea Cliff Plantation Lot 1 1 -A opposition to Special Management Use Permit
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Aloha Planning Commission ChairApisa,Vice-Chair Cox,and
Honorable Kaua'i Planning Commissioners:
My name is T.Pua Laa Norwood.Nihoku [Crater Hill)is important to
my family and I,for it's beauty,it s open space,as a bird sanctuary.I
am concerned that the proposed house would impact seabirds who
call the area home.I also feel that it would forever ruin the experience
ofthis vital place for future generations ofKIlauea and Kaua i young
people.The house is much too large and located far too high up the
mountain,in a sensitive area that should not be built upon at all.I am
asking the planning commission to please deny permits to build the
proposed house.
I am testifying in opposition to the requested Special Management
area Use Permit,Use Permit &Class IV Zoning Permit for Sea Uiff
Plantation Lot 11-A.The land carries multiple protective land use
designations and zoning layers designed to protect scenic and
ecological resources ofunique value for the public.We support the
applicant's right to build on the site.However,the proposed house
and accompanying development are much too large and improperly
situated for the ecological and aesthetic sensitivity ofthe site.In order
to protect against irreversible negative impacts,I ask the planning
commissioners to deny the requested permits.
Thank you for your time and attention and service to our island of
Kaua'L
^
^^-^.
SEP 1 4 2021 ^
Mahalo nui loa,
Ms.Pua Laa
Aloha ke kahi ke kahi.
Malama pono,malama kino.
E Ola!
{Love each other,one another.
Care for/Respect Righteousness,care/respect your body.
Live life in Health!)
Pua La 'a
Alo La'a ~Danse Arts Yoga Studio
in Ching Young Village,Hanalei
5-5190 Kuhio Hwy.,D-10
Hanalei,Hawaii 96714
Mobile:808 652 9642 (YOGA)
alolaal08(n)Rmail^com
www.alolaa.vo^a
55
Kristen Romuar-Cabico
From:
Sent:
To:
Subj'ect:
Attachments:
tpasuncion@gmail.com
Sunday,September 12,2021 6:44 PM
Planning Department
Testimonyfor9.14.2021 Hearing
Testimony Patrice.pdf
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
Please find attached testimony for the 9.14.2021 hearing,
Mahalo nui loa!
Patrice Asuncion
808.634.1605
^^•^w'SEP^
m\
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,
Dirertor,Deputy Director and Staff:
My name is Patrice Asuncion.1 am testifying in opposition to the requested Special Management area
Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries
multiple protective land use designations and zoning layers designed to protect scenic and ecological
resources of unique value for the public.We support the applicant's right to build on the site.However,
the proposed house and accompanying development are much too large and improperly situated for the
ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,1
ask the planning commissioners to deny the requested permits.Thank you for your time and attention.
Mahalo nui loa,
Patrice Asuncion
Kilauea Resident and Homeowner
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Attachments:
tpasuncion@gmail.com
Sunday,September 12,2021 6:45 PM
Planning Department
Forthe 9.14.2021 Hearing
TestimonyTim.pdf
CAUTION;Thls email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it Is something you were expecting.
Mahalo nui loa!
TimothyAsuncion
808.634.8879 Timothy
f7^^.S^
SEP 1 4 2021
Aloha Planning Commission Chair Apisa,Vjce-Chair Cox,Honorable Kaua'i Planning Commissioners,
Director,Deputy Director and Staff:
My name is Timothy Asuncion.1 am testifying in opposition to the requested Special Management area
Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries
multiple protective land use designations and zoning layers designed to protect scenic and ecological
resources of unique value for the public.We support the applicant's right to build on the site.However,
the proposed house and accompanying development are much too large and improperly situated for the
ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,1
ask the planning commissioners to deny the requested permits.Thank you for your time and attention.
Mahalo,
Timothy Asuncion -Born and raised in Kilauea
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Kristalyn Mersberg <kris.mersberg@gmail.com>
Sunday,September 12,2021 7:05 PM
Planning Department
Protecting Nihoku In KILAUEA
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender Is known
to you unless it is something you were expecting.
Sentfrom my iPhone
Aloha planning commission chair Apisa,Vice chair Cox and honorable Kauai planning commission!!
My name is Kristalyn and was BornAmd Raised in KilaueaN I'm 38yearsold and am thankfulto be apartofsuch an
amazing community!!Nihoku is important to me and my family because our Kupuna have roamed that land with
respect and Kuleana not only for our people but the wildlife that surroUnds this beautiful sacred spot!!Me and my
Ohana our concerned that if the proposed House is passed that it will ruin and diminish this area that seabirds call their
home!!The house isto large and is askingto be builttofar uponthe mountain and isjust not PONO at all!!Forother
people who see that this type of action is ok and allowed and acceptable,especially those with money it'll be over for
our islandthe Land and ourfuturegenerations!!
Pls.HELP the people of Kilauea and our island of Kauai PRESERVE what's left of open land we have!!Our Keiki have had
the chanceto be ableto Malama NIHOKU with the proper permission!!Me and myOhana areaskingforthe planning
commission to deny permit for any building upon Nihoku.
Mahalo nui for all that you do for the island of Kauai and its people.
Aloha,Kristalyn Mersberg
^.yr.
^'?-.'
^\4 202^
53 ^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Mavi Kaneg <maviconant@msn.com>
Sunday,September 12,2021 7:40 PM
Planning Department
NIHOKU (Crater Hill)/Sea Cliff Plantation
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy
Director and Staff:
My name is Mavi Kaneg.1 am testifying in opposition to the requested Special Management area Use Permit,Use
Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use
designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.We
support the applicant's right to build on the site.However,the proposed house and accompanying development are
much too large and improperly situated for the ecological and aesthetic sensitivity of the site.1 am concerned that the
proposed house would impact seabirds who call the area home.1 also feel that it would forever ruin the
experience of this vital place for future generations of KTIauea and Kaua'i young people.The house is much
too large and located far too high up the mountain,in a sensitive area that should not be built upon at all.In
order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested
permits.Thankyouforyourtimeandattention.With much aloha,Mavi
51
f:.^-^^
SEP 1 4 2021 ^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Janelle Peotter <janellepeotter@gmail.com>
Sunday,September 12,2021 7:52 PM
Planning Department
Kaua'i Planning Commission:Protect Crater Hill
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Members of the Kaua'i Planning Commission:
It has come to my attention that there is a proposed development for a 12,000 square foot "home"to be built on the
upperslope ofCrater Hill.This isfartoo large to be approved!Itdoes not fit with the aestheticcharacteristics ofthe
area but most importantly,this lot adjoins vital sea bird nesting areas for albatross,shearwater,petrel,and
tropicbirds.Crater Hill is a needed relocation site for bird populations from the northwest Hawaiian Islands whose
habitat is shrinking due to sea-level rise.This property is within a county natural land use designation and a
Scenic/Ecological Resources (ST-R)special treatment district area.This requires you as the commission to protect land
and water areas with biological systems that are of significance and value to the general public!The climate crisis is
upon us and it is difficult to prevent impacts of climate change on Kaua'i but you do have the power to protect our bird
populations from the direct and local impact that this development would most certainly have on their ever-shrinking
habitat.
Do the right thing and say no to this oversized and destructive project!
Sincerely,
Janelle Peotter
Cell:920-883-1788
-p^^,^.
SEP \4 2021
49
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
JoAnne Kaona <jlkaona@gmail.com>
Sunday,September 12,2021 8:12 PM
Planning Department
AGENDA ITEM:2.New Agency Hearing
CAUTION:Thisemail originated from outsidethe CountyofKauai.Do notclick links oropen attachments even ifthe
sender is known to you unless it is something you were expecting.
AGENDA ITEM:2.NewAgency Hearing
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners:
My name is JoAnne Kaona.1 was born and raised on Kaua'i,grew up in Wai'oli and Anahola and currently
work at Waipa Foundation.Nihiku has always been a special place to visit while growing up,but my most
memorable visit to Nihoku (Crater Hill)was while taking a group of Waipa keiki on a huaka'i there.We were in
awe with the thousands of seabirds all around and were deeply captivated by the mo'olelo's that we learned
about this wahi pana.This day we all strengthened and built connections to this special place and it would be
such a shame to ruin that experience for our future generations.The house is much too large and located far
too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning
commission to please deny permits to build the proposed house.
Thank you so much for all you do for our island of Kaua'i!
Aloha,JoAnne Kaona
47
R ^^.<%).
SEP 1 4 2021 ^)
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
janice mckeachern <janicemckeachern@gmail.com>
Sunday,September 12,2021 8:14 PM
Planning Department
Opposing Permit for Nihoku
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners,Director Deputy
and Staff:
My name is Janice McKeachern and 1 am testifying in opposition to the requested Special Management area use Permit,
Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lotll-A.The land carries multiple protective land use
designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.The
property is within a county natural land use designation,open zoning and a Scenic/Ecologic Resources special treatment
district area.The lot also adjoins vital sea bird nesting areas for albatross,shearwater,petrel,koa'e and more.
We support the applicant's right to build on the site.However,the proposed house is much too large and improperly
situated for the ecological sensitivity of the site.In order to protect against irreversible negative impacts,1 ask the
planning commissioners to deny the requested permits.Thank you for your time and attention.
Mahalo!
Janice McKeachern
F^.^<»».
SEP 1 4 2021
46
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Zoli Wall <kaohinani.gardens@gmail.com>
Sunday,September 12,2021 8:34 PM
Planning Department
Testimony to protect Nihoku
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha planning commission chair Apisa,vice chair Cox,and honorable Kauai planning commissioners,My name is Zoli
Wall,1 am a lifelong resident of Kilauea.
1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning
Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers
designedto protectscenicand ecological resources ofuniquevalue forthe public.We respertthe applicant's rightto
build on the site.However,the proposed house and accompanying development are much too large and improperly
situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,
ask the planning commissioners to deny the requested permits.Thank you for your time and attention.Sincerely,Zoli
Wall
44
F^4^
SEP f 4 202f
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
radkauai@aol.com
Sunday,September 12,2021 8:37 PM
Planning Department
Opposing Permit for Nihoku
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning
Commissioners,Director Deputy and Staff:
My name is Conrad Mathews and 1 am testifying in opposition to the requested Special Management
area use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot1 1 -A.The land
carries multiple protective land use designations and zoning layers designed to protect scenic and
ecological resources of unique value for the public.The property is within a county natural land use
designation,open zoning and a Scenic/Ecologic Resources special treatment district area.The lot
also adjoins vital sea bird nesting areas for albatross,shearwaler,petrel,koa'e and more.
We support the applicant's right to build on the site.However,the proposed house is much too large
and improperly situated for the ecological sensitivity of the site.In order to protect against
irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank
you for your time and attention.
Mahalo!
Conrad Mathews
43
^.^.t\.w
SEP 1 4 2021 (^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Shastin Grace <shastingrace@gmail.com>
Sunday,September 12,2021 8:41 PM
Planning Department
Nihoku Crater Hill Project Testimony
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice Chair Cox,Kauai Planning Commissioners,Director,Deputy Director and
Staff,
My name is Shastin Grace Snyder.1 wish to testify in opposition to the requested Special Management Area Use Permit,
Use Permit and Class IV Zoning Permit for Seacliff Plantation Lot 11-A.The land carries multiple protective land use
designations and zoning layers designed to protect the scenic and ecological resources of unique value to the
community and most importantly to the Nene and other endangered birds who have used this area as a nesting ground
and home for many,many years.1 understand the applicant's right to build on the site,however,the proposed house
and accompanying development are much too large and unconsciously situated for the ecological and aesthetic
sensitivityofthis site.1 am alsoconcerned aboutthecommunitylosingthe permission towalk upcraterhill toenjoythe
beautiful view and natural environment.1 humbly ask the planning commission to deny the requested permits.1 humbly
ask the applicants to please re-consider the ecological sensitivity of this unique and special place and to create a plan
that works in greater harmony with the surrounding natural environment.We all love this place and want it to be
preserved for the generations to come.The power is in your hands.
Mahalo Nui Loa,
With much Aloha,
Shastin Grace Snyder
"How do 1 know about the world?By what is within me."~Lau Tzu
41
•p-.^.^.^
SEP 1 4 2021'
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Olena Molina <olena.molina@gmail.com>
Sunday,September 12,2021 8:46 PM
Planning Department
Written Testimony opposing agenda item 2a:Special Management area Use Permit,Use
Permit &Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11-A
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners:
My name is Kelsey Olena Molina.Nihoku (Crater Hill)is important to my family and me because we have lived in Kilauea
for generations.My grandparents worked for the Kilauea Sugar Plantation and are now laid to rest at the base of
Nihoku.My family has been actively caring for the place with Na Kia'i Nihoku through community workdays and we
have all come to learn of the geologic,ecologic,cultural,and community significance of Nihoku.1 was only a child when
this area of Kilauea was gated off to the community to be more commonly known as Sea Cliff.This has severed the
connection between the community and place.It saddens me that many who have sent testimony or are speaking
today,could notspeaksoonerand advocate for Nihoku to oppose all developmentofthatspecial place.1 am very
concerned that the proposed house would impact seabirds who call the area home.1 also feel that it would forever ruin
the experience ofthis vital place for future generations of KTIauea and Kaua'i young people.The house is much too large
and located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am testifying in
opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff
Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers designed to protect
scenic and ecological resources of unique value for the public.As stated in section 12.12.b.of their permit request,it
states "the project will not detrimentally effect any wildlife of endangered animal species that may be located at this
site".Section 12.12.i.states "the project will not adversely affect...wildlife habitats or potential or existing agricultural
uses of land".Over the years of doing restoration work there,we have seen nene return.I'd like to know how their
proposed home and the amount of excavation required,would not affect this wildlife and sensitive site.1 am asking the
planning commission to please deny permits to build the proposed house.1 urge you,please do not support
development on land that is located within a county natural land use designation,open zoning,and a scenic/ecologic
resources special treatment district area.
Mahalo for your time and allthat you do for our island of Kaua'i.With much aloha,Kelsey Olena Molina
<p /^.^.^&.
SEP 1 4 2021
40
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Elijah Frank <esfhawaii@hotmail.com>
Sunday,September 12,2021 8:48 PM
Planning Department
Nihoku Crater Testimony
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless It is something you were expecting.
Aloha Planning Commission ChairApisa.Vice-ChairCox,Honorable Kaua'i Planning Commissioners,Director,
Deputy Director and Staff:
My name is Elijah Frank.1 am testifying in opposition to the requested Special Management area Use Permit,
Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A.The land carries multiple protective land
use designations and zoning layers designed to protect scenic and ecological resources of unique value for the
public.We support the applicant's right to build on the site.However,the proposed house and accompanying
development are much too large and improperly situated for the ecological and aesthetic sensitivity of the
site.In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the
requested permits.Thank you for your time and attention.
Sincerely,
Elijah Frank
808 391-1407
39
^^.<5i.^^.
SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
bob-marion@hawaiiantel.net
Sunday,September 12,2021 8:51 PM
Planning Department
Nihoku (CraterHill)building application
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners:
We are Robert and Marion McHenry.
Nihoku (Crater Hill)is important to our family because we lived in Kilauea for many years and raised 3
sons there.We also worked for the state and as emergency hires each year for the original Save Our
Shearwaters program for 17 years.Newell Shearwaters are an endangered species that was plentiful on
Kauai even as recently as 50 years ago.The Kilauea Point Refuge is an important key to help save this
species along a with a few others such as the Hawaiian Petrel.We are concerned that the proposed house
would impact seabirds who call the area home.As,you may know,these nocturnal birds are attracted by
lights that cause them to lose their way as they fly out to sea to forage each night.Light distraction often
causes injury and death to these birds.Any lights on a house this high up on the hillside would most
certainly cause disruption in their nightly travels.We have so few of these precious species left.We have
also seen many nesting pairs of Nene on these parcels.It is imperative that as individuals plan for
development so close to the refuge and other sensitive natural areas across our island,we take steps to
prevent further decimation of our endangered bird species and do everything possible to protect our
priceless natural treasures.
We cannot overstate how upsetting the possibility of a bullding and estate this large being built at Nihoku
is to our entire family.We feel that it would forever ruin the experience of this vital place for future
generations.The house is much too large and located far too high up the mountain,in a sensitive area
that should not be built upon at all.We are asking the planning commission to please deny permits to
build the proposed house.
Thank you so much for all you do for our island of Kaua'i.
With much aloha,
Robert and Marion McHenry
38
f.^.<p.<n
SEP 1 4 2025 (g)
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Attachments:
Kaninau Villanueva <kaninausv@gmail.com>
Sunday,September 12,2021 9:12 PM
Planning Department
NihokufCrater Hill)
Testimony-Nihoku2021.pdf
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha nui e Planning department,
My name is Shyla Kaninauali'i Villanueva,1 am here to request to present my testimony
on Tuesday September 14th via Microsoft Teams during the public hearing of proposed house on Nihoku (Crater hill).
1 have also attached my written testimony.Please let me know if this is an acceptable format to submit my testimony.
Mahalo nui a malama pono,
Shyla (Kaninau)V.
^.9..4.^y-^
SEP 1 4 202V
Sunday,September 12,2021
Aloha Nui e Pianning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i
Planning Commissioners:
My name is Shyla Kaninauali'i Villanueva,1 am born and raised from KTlauea,and
1 am testifying in opposition to the requested special management area use permit,use
permit and class IV zoning permit for sea cliff plantation Lot11-A.
The land carries multiple protective land use designations and zoning layers designed
to protect scenic and ecological resources of unique value for the public.
Nihoku(Crater Hill)is far beyond unique and very important to the KTlauea community.
With it's rich cultural significance that has inspired mo'olelo(stories),mele(songs),
hula(dance),and oli(chants)and still stands as a cultural and ecological resource for
both humans and seabirds.Nihoku holds and inspires kanaka 'oiwi history and
traditional practices many that are still practiced today,and 1 firmly believe it should
remain as a landscape for our sea birds &for cultural &environmental restoration.
I remember when 1 was in 4th grade,we had a field trip up to Nihoku with Fish
and Wildlife.We learned about Nihoku,how it was formed,the mo'olelo of Pele,the
seabirds that nest there,and the native plants that used to grow there.We planted
native plants in an area adjacent to Lot 11-A to provide a comfortable home for our
seabirds to nest;The Hala trees 1 planted stand tall there today.
It was at Nihoku where 1 had my first collective malama 'aina experience in my home
ahupua'a;It was truly special.This is a story 1 tell a lot because it changed the trajectory
of my life and 1 know that it is really important for the younger generations of KTIauea to
have these kinds of experiences in their ahupua'a.
Now,as an educator at Kahili beach preserve,1 wonder what kind of an experience
would that be for children to learn about,and participate in,environmental restoration
work at Nihoku near a mansion with a pool that dominates the landscape after they
learn the history and sacredness of the place?
The excavation and ground disturbance of this site that would compromise the structural
integrety of Nihoku is of great concern.Lot 11-A is on a steep hillside and the proposed
house to be built is quite high on the crater.Please consider the different geology on
Nihoku and that developing a 30,000 square foot area has a higher probability of
accelerating erosion in surrounding areas,this may include loss of habitat for native
plants and sea birds.
Again,Nihoku is maintained as an active cultural and ecological resource.The overall
interpretation of this ecology and culturally significant space is a priority within our
community.The efforts to develop a house structure this large will compromise this
Sunday,September 12,2021
interpretation,thus compromising the integrityof Nihoku.Ground disturbance in this
area and alterations of the landscape are inevitable and irreversible impacts that occur
due to construction.
As a place of important value to the native Hawaiian people,the association of this
space with cultural practices,traditional beliefs,timeless ecological resources,and the
overall nature of this landscape as a part of our identity as Hawaiians,and the identity of
KTlauea,the requested permits should not be approved.The planning commission has
a responsibility to the community and to the protection of cultural landscapes of our
'aina.
Mahalo for your time and consideration.
Malama,
Shyla Kaninauali'i Villanueva
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Kelvin Ho <kelkauai@gmail.com>
Sunday,September 12,2021 9:16 PM
Planning Department
request to testify
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission
1 would like to submit my request to testify in person on Tuesday for-
Item 2a:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff
Plantation Subdivision Lot 11-A).
My name is Kelvin Ho
808482-1682
kelkauai@amail.com
Deeply appreciated,
mahalo
Kelvin
37
^^.<\.<n
SEP1 4
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Ned Dana <nedtdana@gmail.com>
Sunday,September 12,2021 9:30 PM
Planning Department
New development on Nihoku (Crater Hill)
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha PlanningCommission ChairApisa.Vice-ChairCox,Honorable Kaua'i PlanningCommissioners,Director,
Deputy Director and Staff:
My name is Ned Dana.1 am testifying in opposition to the requested Special Management area Use Permit,
Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A.
The land carries multiple protective land use designations and zoning layers designed to protect scenic and
ecological resources of unique value for the public.1 support the applicant's right to build on the site.
However,the proposed house and accompanying development are much too large and improperly situated
forthe ecological and aestheticsensitivityofthe site.In orderto protectagainstirreversible negative impacts,
ask the planning commissioners to deny the requested permits.Thank you for your time and attention
Sincerely,
Ned Dana
34
p ^.^100.
ISEP14 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Jason Molina <jasonmolina1214@gmail.com>
Sunday,September 12,2021 10:16 PM
Planning Department
Opposition of special management area use permit
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i
Planning Commissioners,Director,Deputy Director and Staff:
My name is Jason Molina 1 am testifying in opposition to the requested Special
Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff
Plantation Lot 11-A.The land carries multiple protective land use designations
and zoning layers designed to protect scenic and ecological resources of unique
value for the public.We support the applicant's right to build on the site.
However,the proposed house and accompanying development are much too
large and improperly situated for the ecological and aesthetic sensitivity of the
site.In order to protect against irreversible negative impacts,1 ask the planning
commissioners to deny the requested permits.Thank you for your time and
attention.Sincerely Jason Molina
^.^.101
l'St'P^^
(^
33
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Ann <annmm@juno.com>
Sunday,September 12,2021 10:24 PM
Planning Department
No to oversized home
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Please do not approve the special use permit for the enormously oversized house being proposed near the birds!No
one needsa housethat big!!!!
Sentfrom my iPhone
31
^Q.^IW*
SEP1 4 2021 @
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
kyle@nathanwoodgc.com
Sunday,September 12,2021 10:37 PM
Planning Department
Testimony for Development on Nihoku slope
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
Aloha,
1 am writing in regards to the new estate residence which Mr.and Mrs.Green desire to build upon our sacred Nihoku
hillside.1 want to keep this succinct and to the point:1 believe that the project sight line limits do not consider all points
of view,and for those of us who are out on the water,the planned 12,000 sf development will only add to the eyesores
that we see every time we're out on the water around Kauapea ("Secret Beach").Given that Mr.and Mrs.Green have
bought two adjacent lots,1 kindly ask that they reduce the size of their development and lower the elevation at which
they will build e.g.don't build with your back right up against the very limit.1 am aware that the owners also own the
adjacent lot and ask that they build on that property instead.
If Mr.and Mrs.Green truly want the respect ofthe real local people,they will listen to the community they claim they
are or want to be apart of.Should they listen to what the maka'ainana of Kilauea are asking of them,1 know our Kilauea
Communitywould beverygraciousand respectful ofthat.
As a part Native Hawaiian and also a descendant of Kilauea Plantation immigrants,it grieves me to see the many elite
communities (i.e.Ag Estates)that has been developed in the place where my kupuna poured their sweat and sometimes
blood into the land.Not only do we Kilauea natives have to witness the complete lack of affordable lots/properties -
many of us don't dare to dream because it's so out of reach -but we have to fight to keep sacred places sacred,to reign
in the wealthy elite who believe that money can buy anything:and that is what we are doing by voicing our opinions
here.
1 hope an agreement can be reached with understanding,compassion,and respect for the history of Kilauea and the
current socioeconomic undertones we live in.
Mahalo,
Kyle L.Ka'eleleokalani Peru
Design Engineer
Ph:(808)821-9564
Web:www.nalhanwoodac.com
Contractor's License #:BC-31122
30
f.^•6y-,'^\^w w
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Michelle A.<macob@hawaii.edu>
Sunday,September 12,2021 11:31 PM
Planning Department
Testimony:Item 2a:Special Management area Use Permit,Use Permit &Class IV Zoning
Permit for Sea Cliff Plantation Subdivision Lot 11-A
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
RE:Item 2a:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea
Cliff Plantation Subdivision Lot 11-A
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning
Commissioners:
My name is Michelle Acob-Apana,I am the daughter of Pedro Acob,a Sakada who arrived in Kilauea in
1932;he was 22 years old.My father worked for nearly 40 years for Kilauea Plantation until it's closing in
the 1970s.He remained vested in Kilauea,bought a home,and raised his ohana.He fished,he
gathered,he farmed;he knew Kilauea like the back of his hand.He passed away in 2004 at the age of 94
years of age.He was laid to rest in Kilauea,his home,where he belongs,on Nihoku.
When we lost our mother to cancer about a year ago,we laid her to rest right alongside him.
We visrt our parents often,my siblings,their grandchildren.Our visits on Nihoku with our parents are
special.The beautiful views and the quiet peacefulness there helps with our grieving.
The proposed house is indeed outstanding and am certain will also offer a beautiful view for those who
reside in it,however,it doesn't "belong."We humbly request the planning commission to please deny the
permits to build the proposed house.We ask that you be mindful of our Kilauea ohana,we who reside
and are rooted here,and those here who are at rest.
Thank you for all you do for our island of Kauai.
Mahalo,
Michelle Acob-Apana
Acob Family,Kilauea
29
-R^.^.104r
SEP 1 4 2021@
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Attachments:
Erin Pickett <erin.p.pickett@gmail.com>
Monday,September 13,2021 12:26 AM
Planning Department
Testimony re:agenda item 2a
Kauai Planning Comission Nihoku.docx
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha,
1 have copied my written testimony re:agenda item 2a for tomorrow's meeting below (also attached).
Thank you,Erin Pickett
Testimonyregardingagendaitem:2.NewAgency Hearinga.5PECIALMANAGEMENTAREA USE PERMIT(SMA(U)-2022-1),CLASS IVZONING PERMIT (Z-IV-2022-1),and USE
PERMIT (U-2022-1)forthe construction ofa farm dwelling unit,guesthouse,garage and associated site improvementswithin Lot 11-AoftheSeacliffPlantation Subdivision in
Kilauea,involving a parcel situsted approximately 1,000 feet west of the Pali Moana Place/Makana'ano Place intersection,further identified as Tax Map Key:(4)5-2-004:084
(Unit 1)affecting a portion of a targer parcel approximately 12.305 acres in size =Phillip J.&Linda M,Green.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua i Planning Commissioners,Director,Deputy
Directorand Staff:
My name is Erin Pickett.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit
&Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and
zoning layers designed to protect scenic and ecological resources of unique value for the public.Having grown up in
Kilauea near Nihoku (Crater Hill)1 can attest to the value of Nihoku as a kilo or observation point and as a marine
conservation biologist,1 have concerns that the proposed house may have negative impacts on surrounding seabird
habitat and nesting areas.
My main concern is the proximity and elevation of such a large dwelling and source of artificial light to vitally important
seabird nesting area within Kilauea Point National Wildlife Refuge,especially the recently established Nihoku Ecosystem
Restoration Site.We have begun to see 'a'o (Newell's shearwater)prospecting and 'ua 'u (Hawaiian petrel)nesting
within the restoration site after multiple years of translocating chicks to the area.This translocation effort was
undertaken in order to establish new,safe colonies of these threatened native birds within a predator-proof fenced
area.The applicant's proposed home and associated developed area would be located very close to the restoration site.
1 support the applicant's right to build on the site.However,the proposed house and accompanying development are
much too large and improperly situated for the ecological sensitivity of the site.1 support mitigating the impacts of the
home including decreasing the size of the house (and associated light pollution)and moving the house to the lower 4.3-
acre CPR unit (further from the refuge,possibly lower on the hill would be better as far as decreasing light visible to
nearby transiting and possibly fledging petrels and shearwaters).
In order to protect against irreversible negative impacts to Nihoku as a kilo area and as a seabird sanctuary,1 ask the
planning commissioners to deny the requested permits.
Thank you so much for all you do for our island of Kaua'i.
With much aloha,Erin Pickett
26
F:^.^.109.
SEP 1 4 2021 (ft)
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Shelley Muneoka <shelley@kahea.org>
Monday,September 13,2021 12:33 AM
Planning Department
STRONG OPPOSITION to Agenda Item 2 -Nihoku development
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Oeputy
Directorand Staff:
My name is Shelley Muneoka.1 am testifying in strong opposition to the requested Special Management area Use
Permit,Use Permit &Class IVZoning PermitforSea Cliff Plantation Lot 11-A.In 2016,1had the privilegeofvisitingthe
bird sanctuary at Nihoku and to visit birds like the beautiful juvenile koa'e in the picture here.Retaining the wild quality
of areas like this are critical as the impacts of climate change are increasingly felt in sensitive habitats like the
Northwestern Hawaiian Islands.As far as the so-called "main"Hawaiian islands,this site is one of the closest we have to
the kupuna islands in the Northwest and it would be foolish to compromise its ecological integrity.It is difficult for me to
imagine such a large development so near to the sanctuary.The noise and light impacts during construction as well as
the resulting residential use make the proposal inappropriate for this sensitive
<t*
area.
The land carries multiple protective land use designations and zoning layers designed to protect scenic and ecological
resources of unique value for the public.The significance of this area to the broader community and kanaka maoli
specifically,should not be pushed aside for the development of a private home.The proposed house and accompanying
development are much too large and improperly situated for the ecological and aesthetic sensitivity of the site.1 am
worried about the erosion impacts of such a large excavation.
In orderto protect against irreversible negative impacts,I askthe planningcommissionersto denythe requested
permits.Thank you foryourtime and attention.
Withaloha,
Shelley Muneoka
25
f-^^.IOfc.
SEP 1 4 ZU21.
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Lauralee Yadao <makaladesigns@gmail.com>
Monday,September 13,2021 4:08 AM
Planning Department
Nihoku
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,
Director,Deputy Director and Staff:
My name is Lauralee Yadao.Being a proud Kilauea Community member for nearly 40 years,1 strongly
believe that Nihoku (Crater Hill)is important to my family and 1 because not only does it protect our
birds in sanctuary but mainly because Kilauea is where I've been born,raised and called my home.1
am concerned that the proposed house would impact seabirds who call the area home.1 also feel that
it will forever ruin the experience of this vital place for future generations of Kilauea and Kaua'i young
people.The house is much too large and located far too high up the mountain,in a sensitive area that
should not be built upon at all.1 am asking the planning commission to please deny permits to build
the proposed house.
Thank you so much for all you do for our island of Kaua'i.With much Aloha Lauralee Yadao.
24
4^^^.^cr7.
S£?\^m^@
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
Lorilani Keohokalole <lorilani@panna.org>
Monday,September 13,2021 5:15 AM
Planning Department
jkapule4444@gmail.com
OPPOSE New Home on Nihoku
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission ChairApisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,
Deputy Director and Staff:
My name is Lorilani Keohokalole.My husband and children were born and raised in the moku ofthis project
and 1 am here to represent our'Ohana.We have enjoyed manyyears ofwalkingthisWahi pana and sharing
this amazing sacred space with our children as theywere growing up.We loved sharingwith them,the relatin;
place names;other islands with familiar names;origin stories;plant and wildlife observations.We would love,
to take our mo'opuna here one day to do the same.
1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit &Class IV
Zoning PermitforSea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and
zoning layers designed to protect scenic and ecological resources of unique value for the public.
We support the applicant's right to build on the site.However,the proposed house and accompanying
development are much too large and improperly situated for the ecological and aesthetic sensitivity of the
site.In order to protect against irreversible negative impacts,I ask the planning commissioners to deny the
requested permits.Thank you for your time and attention.
Aloha,
Lorilani Keohokalole,(pronouns:she/her)
J.KapuleTorioJr.
Kawaiolaakapulelani K.Torio
Pilipa'akapoli K.Torio
Laua'ekamawaelualani K.Torio
Phone:(808)639-0491
23
^^.^.10^.
SEP 1 4 202V
^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
philipki@hawaii.edu
Monday,September 13,2021 5:20 AM
Planning Department
Nihoku (Crater Hill)Testimony
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it Is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners,
My name is Philip Kitamura.1 am testifying in opposition to the requested special management use permit:use permit &
class IV zoning permit for Sea Cliff Plantation lot 11-A.The land carries multiple protective land use designations and
zoning layers designed to protect the sensitive ecological resources ofthis unique parcel.
Personally 1 have done restoration work in the KTIauea point National Wildlife Refuge and worked with other seabirds to
understand that the proposed area is too close to the nesting seabirds and light spillover will be a major disruption for
fledging seabirds.This will also have impacts on the modern cultural practices oftatau,the traditional Hawaiian art of
tattooing using the bones of the seabirds 1 the place of needles.This area is one of the few accessible locations where
seabird bones are collected and processed through the USFWS regulations to be circulated into cultural use.
Furthermore,the excavation of the hill is extremely insensitive to the scenic view and the surrounding ecosystem.
Erosion and run off are large concerns for the exposed land with vegetation restoration being an extremely difficult task
for stabilization after the disturbance of excavation.For these reasons,1 believe that the current request honors the
protective land use zonings that were intentionally put in on this land.1 ask that the guest house be move down the hill
further away from the seabirds and sensitive geology,and that the building footprint should be minimized to be more
compassionate toward the surrounding community and neighbors.Thank you for taking the time to read this.
E malama pono,
Philip Kitamura
Graduate Assistant,Hawaii Wildlife EcoloBV Lab
Dept.of Natural Resources and Environmental Management
UniversityofHawai'iManoa |Sherman 101 |
22
f.^..^.^.
SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Sarah Dooley <thedooleys3@gmail.com>
Monday,September 13,2021 5:29 AM
Planning Department
Crater Hill
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners:
My name is Sarah Dooley_.Nihoku (Crater Hill)is important to my family and 1 because we are avid bird lover's
especially those endemic and endangered.We must stand for what is right.1 am concerned that the proposed
house would impact seabirds who call the area home.1 also feel that it would forever ruin the experience of
this vital place for future generations of Kllauea and Kaua'i young people.The house is much too large and
located fartoo high upthe mountain,in a sensitive areathatshould not be builtuponatall.1 am askingthe
planning commission to please deny permits to build the proposed house.Thank you so much for all you do
for our island of Kaua'i.
With much aloha,
Sarah Dooley
f:.^.4-uol
SEP 14 202^g>
21
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
jesseogkauai@gmail.com
Monday,September 13,2021 6:12 AM
Planning Department
Please stop the building at crater hill
CAUTION:This email originated from outside the County of Kauai.Do not cllck links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
Sent from App for Gmail
19
^^.a.n (.
SEP \4 2021 ^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Emma <chidgeye@yahoo.conn>
Monday,September 13,2021 6:17 AM
Planning Department
In opposition of new building on Crater Hill
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Aloha!!1 am sendingthis in opposition ofthe planned buildingon Crater Hill in Kilauea.1 am a born and raised Kilauea
resident that does notwantto seethis house built in such a special place!!!Please considerthe damagethiswould doto
an alreadyfragile ecosystem andthewildlifethatwill be impacted!!Thankyouforyourtime.
Emma Chidgey,kauai/Kilauea born and raised.
14
f.4-.<»-"^
SEP 1 4 2021
^WW To:planningdepartment@kauai.gov >
Sea cliff/crater hill special use
Permit -—„„.,,,„..,—
Aloha Planning Commissioner Chair Apisa,
Vice-Chair Cox and Honorable planning
commissioners and staff.^SSSH-^^
^|1 -;^F ^:''../-^<.f.',•.'•-,'-I ••^.-••,,»^
I am writing to voice my opposition in regards to
the special Management area use permits for
lot 11-A at Sea Cliff Plantation.
Myself and my family regularly enjoy walking
and biking on crater hill and have for many
years,it is an important part of Kilauea town
and the residents that call it home.
15
The site,being so high on the hill will visually
Jmpact the areain a very negatjve way,there is
no need for anyone to have a home of 12,000
square feet in Kifauea,let atone one so high and
so visible on a natural volcanic bluff.--
^- -;-•;'^••••y.'
.^,^..l'«d .t..i;-'-.....J'^;k;.,...lt."^.^••^y-'^.'..•'",'T",r ...':?.'t*..",-^".'•''l''."'/
The existing houses in the subdivision are alt
more tastefully located and much less exposed,
being so close to the historical Kilauea
lighthouse and wildlife preserve a development
of this nature would truly be in poor tasfe^nd
forever ruin the natural beauty of Kilauea point
and crater hill.
I please ask you to consider this and all other
testimonies in opposition to this application and
honor the residents reauest for this olan to be
17
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Lilia Merrin <lmerrin@hawaii.edu>
Monday,September 13,2021 7:14 AM
Planning Department
Testimony-Item 2a:Special Management area Use Permit,Use Permit &Class IVZoning
Permit for Sea Cliff Plantation Subdivision Lot 11-A
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,Deputy
Director and Staff:
My name is Lilia Merrin.1 am testifying in opposition to the requested Special Management area Use Permit,Use Permit
&Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and
zoning layers designed to protect scenic and ecological resources of unique value for the public.We support the
applicant's right to build on the site.However,the proposed house and accompanying development are much too large
and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against irreversible
negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for your time and
attention.
Me ke aloha pumehana,
Lilia Merrin
^.^.^.IW
13 SEP 1 4 2021 <g>
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Julie Schuller <julie.schuller@msn.com>
Monday,September 13,2021 7:20 AM
Planning Department
Proposed Special Use Permit
CAUTION:This email originated from outside the County of Kaual.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning
Commissioners,Director,Deputy Director and Staff:
My name is Julie Schuller.1 am testifying in opposition to the requested Special
Management area Use Permit,Use Permit &Class IV Zoning Permit for Sea Cliff Plantation
Lot11 -A.The land carries multiple protective land use designations and zoning layers
designed to protect scenic and ecological resources of unique value for the public.We
support the applicant's right to build on the site.However,the proposed house and
accompanying development are much too large and improperly situated for the ecological
and aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,
I ask the planning commissioners to deny the requested permits.
Thank you for your time and attention.
Sincerely,
Julie Schuller
Kauai North Shore resident
11
F^.^.ii^.
SEP 1 4 ZU21.
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Jessica Spichalova <kauaijessica@gmail.com>
Monday,September 13,2021 7:20 AM
Planning Department
Input to planning connmission from Kaua'i resident for Nihoku
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners:
My name is Jessica Spichalova and 1 live in Kilauea.1 have never written to government agencies to express my thoughts
on policies or permits here on Kaua'i before,but in the instance ofthe proposed permit for a 12,000 square foot home
at Nihoku (Crater Hill),1 feel obligated to respectfully request you carefully consider the gravity of this permit decision.
Nihoku is a very special and sacred place to me and our island.1 have been connecting to the land and animals there for
over 23 years and it has been a source of respite,prayer and connection to the 'aina for me.1 know this place is dear to
so many in our Kilauea community,as well residents across the island.It also has a deep cultural and spiritual
significance to Kaua'i's native people.Though thegatesofSeacliffcommunitywere put up manyyears ago,1 have
appreciated the respectful development there and the open gate to all who want to visit during daylight hours.1 walk
there nearly every day.
1am concerned that the proposed 12,000 square foot house would impact seabirds who call the area home.1 also feel
that itwouldforeverruin the experience ofthisvital placeforfuturegenerations.The house is much too largeand
located far too high up the mountain,in a sensitive area that should not be built upon at all.1 am asking the planning
commission to please deny permits to build the proposed house.
1 appreciate your consideration of my heartfelt input and appreciate the work you do for our island.Mahalo for
thoughtfully serving our present residents as well as the generations to come.
With much aloha,
Jessica Spichalova
10
f.^<t.KS.^
SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
America,1st Officer/Navigation <Nav15@NCL.com>
Monday,September 13,2021 7:22 AM
Planning Department
Crater Hill proposed 12,000 square foot development
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even If the sender is known
to you unless it is something you were expecting.
To whomever is reviewing this proposed project,
My name is Brandon Bamett and I am a concemed,tax paying,law abiding citizen of Kauai.I was bom and
raised in Kilauea.I have accomplished many things in my life and am currently the First Officer of navigation
on the Norwegian Cruise Lines Pride of America.I have worked hard for many years throughout my life to
stand up for what I believe in.As a local boy to Kauai growing up we offered information to people about the
way we do things on the islands instead oftaking matters into our own hands.
This is in fact exactly what we need from our planning department.We need you to draw a line somewhere and
prevent this proposed 12,000 square foot home from being developed on our precious crater hill in Kilauea.
When I was a child my father used to take us up there and tell us stories about the islands.It has since been
blocked for public access due to accommodating the "elite"who reside there.Our islands are simply being
rapped of every last resource and sacred place to local people.This proposed project not only proposes risks to
our native bird sanctuary but is a direct slap in the face to all that love our beautiful town of Kilauea,and Kauai.
We need to stick up for ourselves as Kauaians and Hawaiians and let these millionaires/billionaires know that
just because you have an idea and the money,that you still need to go through our planning department and get
it approved.I expect that there are people in your department who are not simplejust going to let every
billionaire with an idea rape and tear and shred are island to pieces.Please deny the request for this
development to break ground and set a standard for the future of our island.Let them know that enough is
enough and to have some respect for this place and its people.If you allow this project to happen,you are
directly a part of the problem.You need to send a message that you are in fact in control and not the money.
The time to push send is now.If you do not stop this project from being developed on created hill,in
Kilauea,you will be sending the wrong message.
PIease do the right thing.WTien is enough enough.Set a standard,prevent this project from breaking ground,
forbid billionaire from developing whatever they thing they can,maintain control of our island,and please,do
yourjob.
Mahalo,
Brandon Bamett
Respectfully,
Brandon Barnett |1st Officer Navigation
Pride ofAmerica
Ext.S9803 /Cellff 808-990-9914
navl5@nct.com
f:^«•"*»,
SEP 1 4 2021
NORWEGIAN
Cft'JISE LtWE
7665 Corporate Center Drive |Miami FL 33126
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Saul Rosa <saulrosa.mail@gmail.com>
Monday,September 13,2021 7:27 AM
Planning Department
Aole Nihoku development
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Good Morning,
To whom this may concern/below is my testimony.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honoral
Myname Is Nihoku (Crater Hill)is important to my fa
concerned that the proposed house would impact seabirds who call i
forever ruin the experlence of this vital place for future generations <
house is much too large and located far too high up the mountain,in
upon at all.1 am asking the planning commission to please deny pen
Thank you so much for all you do for our island of Kaua'i.With much
R/S
SaulK.Rosa
808-278-7508
F.^.a.^
SEP \4 202^(B>
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Susan Stayton <susan.stayton@gmail.com>
Monday,September 13,2021 7:27 AM
Planning Department
Testimony in opposition to the requested Speciaf Management area Use Permit,Use
Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,
Deputy Director and Staff:
My name is Susan Stayton,1 am testifying in opposition to the requested Special Management area Use Permit,
Use Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11 -A.The land carries multiple protective land
use designations and zoning layers designed to protect scenic and ecological resources of unique value for the
public.We support the applicant's right to build on the site.However,the proposed house and accompanying
developmentare muchtoo largeand improperlysituated forthe ecological and aestheticsensitivityofthe
site.In orderto protect against irreversible negative impacts,1 askthe planning commissionersto denythe
requested permits.Thank you for your time and attention.
1 live in Lawai,and stand with Community members who are asking for a respectful and sensitive approach to
development in this area.Decreasing the size ofthe proposed house and moving it substantially lower
would reduce impact on the current landscape.
Mahalo,Susan
(f#######f(#######<f#########ff#####(ff(#########ff####ff##((ff##########ff##ff#########
Susan Stayton
PO Box 1113
Lawai,Hl 96765
808-651-9070
^^.^.n^
SEP \4 2021
•
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Deanna Kanehe <dkanehe@yahoo.com>
Monday,September 13,2021 7:31 AM
Planning Department
Nihoku/Crater Hill home construction
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
Aloha PlanningComissioners:
My name is Deanna Kanehe and 1 would like to add my testimony to the proposed home construction on Nihoku/Crater
Hill.1 am a Kilauea resident of 24 years.I feel that the size of the home is too large and too high up on the hill for this
sensitive natural area and scenic space.1ask that you require the home to be smaller and further down the mountain,as
well as limit the excavation into the hillside to lessen the disturbance ofthe land.
Thankyou for your consideration,
Deanna Kanehe
4531Wailapa rd
Kilauea,Hl 96754
808-652-7287
Sent from Yahoo MaiLfor iPhone
r?.^.^.w-
SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Marina Drummer <marinadrummer@icloud.com>
Monday,September 13,2021 7:32 AM
Planning Department
Crater Hill building permit
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox and Honorable Kaua'i Planning Commissioners:
My name is Marina Drummer,a long time resident of Kilauea.We moved to Kilauea because it is a close knit community
of local families and because it is surrounded by beautiful and environmentally sensitive areas,Crater Hill being central,
not because it was a refuge for the very rich to fulfill the fantasies of all they can build with their money.1am concerned
that this development will not only impact the seabirds and change the general atmosphere of the community for
generations to come.It is hard to imagine that two people really need 6,000 square feet each to enjoy the lot that they
now own.it is our understanding that this area was designated as protected when Seacliff was first being developed.
We feel strongly that because the property is within the county natural land use designation and ST-R area that the
Commission can protect this site for the sake of the community,the environment and the future of the island of Kaua'i.
Thank you so much for all your efforts.
Marina Drummer
4328KilaueaRd.
Kilauea,Hi
-p;/?..a.»^>
'SEPU ?02f
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Julie De Mond
Monday,September 13,2021 7:33 AM
Planning Department
Crater Hill
CUoha,,
1 am asking Planning Commision to please deny permits to build the proposed house.This house is much too
big and 1 am concerened about the environment for our sacred birds and other hawaiian native animals that
lives in Crater Hill.
This is very upsetting to me and my Ohana.My childhood memroies will forever be cherished from endless
picnics with my family while watching the sun goes down,riding our bikes around crater hill...and especially
remembering the hill had so much BATS and now we will never get to enjoy those memories with my children.
Please help preserve the Crater Hill not just for the people of Kauai but for our Native Hawaiian animals and
plants that live and grows on this Hill.
Thank you so much for all you do for our island of Kauai,and 1 am sure you will make the right decision.
MaAalo.JVui Seu,
Me
^p ^.4».(>t.
S£P 1 4 202
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Adam Lang <spindleart@gmail.com>
Monday,September 13,2021 7:36 AM
Planning Department
Proposed Sea Cliff Residence
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,Director,
Deputy Director and Staff:
My name is Adam Lang and 1 am testifying in opposition to the requested Special Management area Use Permit,Use
Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use
designations and zoning layers designed to protect scenic and ecological resources of unique value for the
public.We support the applicant's right to build on the site.However,the proposed house and accompanying
development are much too large and improperly situated for the ecological and aesthetic sensitivity of the
site.In order to protect against irreversible negative impacts,1 ask the planning commissioners to deny the requested
permits.Thank you for your time and attention.
Sincerely,
Adam Lang
<?'?-^^^
SEP 1 4 2021
The site,being so high on the hill will visually
impact the area in a very negative way,there is
no need for anyone to have a home of 12,000
square feet in Kilauea,let alone one so high and
so visibfe on a natural volcanic bluff.
The existing houses in the subdivision are all
more tastefully located and much less exposed,
being so close to the historical Kilauea
lighthouse and wildlife preserve a development
of this nature would truly be in poor taste and
forever ruin the natural beauty of Kilauea point
and crater hill.,
1 please ask you to consider this and all other ^
testimonies in opposition to this application and
honor the residents request for this plan to be
abandoned in favor of nature and the
preservation of this truly unique part of Kauai.
Aloha
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Attachments:
L Kehaulani Kekua <kehaulani.kekua@gmail.com>
Monday,September 13,2021 1:40 AM
Planning Department
REVISED Testimony_Special Management Use Permit,Zoning &Use Permits 2022-1
Revised Testimony_NIHOKU_Planning Commission_9.12.2021_L Kehaulani Kekua.pdf
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Aloha,
Please DISREGARD my last email sent just moments ago.1 am resubmitting my revised,written testimony in opposition
to the application for Special Management Use Permit (SMU(U)-2022-1),Class IV Zoning Permit (Z-4-2022-1)and Use
Permit (U-2022-1)on the agenda forTuesday,September 14,2021.
Mahalo for your assistance.
Sincerely,
L Kehaulani Kekua
Kumu Hula
Halau Palaihiwa O Kaipuwai
f:^^l^-
SEP 1 4 2021 ^
Halau Palaihiwa O Kaipuwai
»<f8S8(?t(Sttt»SStttSM«ti!.8<ii{li!t
SMi;i(«Mi(t<j(MMiM{i?S«M?S?i«M
A traditional hula school perpetuating Hawaiian chant and dance as a specialized discipline &art form of cultural excellence
Studio HA'A 4558 Kukui Street Kapa'a,Kaua'i Island,Hawai'i 96746 t:808.720-8494 e:StudioHAA.kauai@gmaii.com
www.studioHAA.com
September13,2021
Kaua'i Planning Commission
4444 Rice Street Suite A473
LThu'e,Hl 96766
send via email to:planningdepartment@kauai.gov
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning
Commissioners:
My name is Kehaulani Kekua and I am the kumu hula of Halau Palaihiwa O Kaipuwai,a
traditional hula school that was founded here on Kaua'i in 1945 by my grandmother,the late
master kumu hula,Helen Kaipuwai Kekua Waiau.1 am writing you in response to the Special
Management Permit (SMU(U)-2022-1),Class IV Zoning permit (Z-4-2022-1)and Use Permit (U-
2022-1)application which plans to construct a sprawling dwelling unit,guest house,garage and
various improvements on Lot 11-A ofthe Seacliff Plantation Subdivision.
Located in the ahupua'a of Kflauea,the location and project area ofthis proposed home
construction is of great concern to me.
While it is commonly known and referred to as,"Crater Hill",its proper name is,NIHOKU.It is
an incredibly significant wahi pana or storied,celebrated and cherished ancestral place.
Hawaiian oral traditions in the way of mo'olelo (storied accounts),as well as,mele (chants)and
hula (dances)from our halau's repertoire ofteachings and practices continue to help us
understand,extol and venerate the entirety of Nihoku and the associated wahi pana including,
Moku'ae'ae,Lae O Kilauea (KIIauea Point),that extend all the way to Kahili Bay and Beach.
However,it is the hill and summit of Nihoku that is of sacred magnitude that is at the center of
this application before you.In this area,it is the primary setting that is prevalent in the creation
stories,genealogy and migrations ofthe Pele clan;deities offire,volcanoes and the elements of
the environment including,the atmosphere,ocean and land itself.The three akua kaikua'ana or
female deities and relatives of the Pele family permanently reside in the form of mammoth rock
formations on the northwest rim of Kilauea Crater at Nihoku.They funcdon as sentinel ki'ai that
guard and protect this place.They also aid us in tracking time observations,following the
movement of the sun and the cosmic bodies that traverse the heavens throughout the seasons.
A crucial part of Nihoku's environment that is of grave concem to rne,are the myriad native
Hawaiian seabirds who breed,nest and reside there.From a Hawaiian perspective,they are
integral to the continuum of life cycles that have existed at Nihoku since time immemorial.Many
species have come dangerously close to anticipated extinction.Nihoku has proven to be a safe
haven for healthy recovery and reproduction of not only birds,but of native plant species as
well.It is a sacred place ofworship and traditional cultural practitioners as well.
Mitigation measures and conservation efforts by multiple community organizations have worked
tirelessly in cooperation with the National Fish and Wildlife Sen/ice to ensure the safety and
protection of our precious native Hawaiian seabird species and communities.
Kaua'i Planning Commission
Nihoku -Letter of Testimony
Page 2,September 12,2021
Teaching and perpetuating knowledge of places such as Nihoku to my humana (students),as
well as,other learners outside of our immediate halau is very important to me.For many years
now,our halau has worked closely with the KTIauea Point NFWS to gain access to Nihoku
annually for Hawaiian religious and ceremonial practices during the equinoxes and solstices.
We have also led public gatherings to celebrate the opening ofthe Makahiki Season with
blessing ceremonies to welcome back the annual return of the molT or Laysan Albatross.As
sacred manifestations ofthe akua nui or major deity,Lono,they arrive from their months-long
airborne treks to return to land beginning in November,to court,breed,nest and hopefully,raise
their chicks to successfully fledge.
In 2014,I served as the Conference Director for Ka 'Aha Hula 'O Halauaola,the 4th World
Conference on Hula thatwas held here on Kaua'i.Drawing morethan 1200 delegatesfrom
around the world,two days of the 10-day conference was dedicated to hosting and guiding
participants on huaka'i or on-site cultural leaming opportunities throughout the island.
We were privileged to host two small,limited groups to Nihoku for huaka'i,expertly led and
guided by KDauea historian and kupuna,Gary Smith and Dr.Mehana Blaich Vaughn.1 continue
to receive occasional communication from conference attendees of their deep appreciation for
the amazing learning experiences imparted to them.This included the learning and application
of Hawaiian chant and protocol for Nihoku,as well as,traditional place names,history,native
Hawaiian plants,bird and wildlife,and more.
In my capacity as a native Hawaiian cultural practitioner and kumu hula,it is important for me to
convey that the entirety of Nihoku is a WAHI KAPU.It is a sacred place that needs to be
protected and preserved in perpetuity for the reasons stated above and so much more.
Decades ago,when the Seacliff Plantation was being planned and developed,it was a different
time when the voices ofthose standing up for its protection fell upon deafears.Ifthere was a
way in which to turn back the clock,1 would've wanted to stand as a young keiki alongside the
kupuna and members of the community to insist on no development upon this prominent hill of
Nihoku.
In reviewing the proposed plans,I was stunned and deeply troubled that the permit before you
is seeking approval to construct a 12,000 square foot home that is planned for the upper most,
steep lot by the land owners.This will negatively impact Nihoku and the native Hawaiian birdlife.
To disregard,or uncaringly encroach upon their habitation sites will have grave potential to do
irreparable harm,1 am humbly asking that the Planning Commission and applicants hear our
passionate voices of concern to reconsider their plans,and join us in advocating for the
protection of Nihoku as a wahi pana and wildlife sanctuary that it is.If they insist on pursuing
with their development plans,we urge that their home be moved to the lower,second lot.
Nihoku is a culturally important and rich environment that is so fragile.It is sacred.How we
impact,engage and co-exist with this place deserves our collective respect.It is my hope that
we can petition for a positive outcome where the values and integrity of this wahi pana can be
maintained and supported.
'O wau iho no me ka ha'aha'a,
L.Kehaulani Kekua
Kumu Hula
Halau Palaihiwa O Kaipuwai
Kaua'i Planning Cornmission
Niho.^u -Letter of Testimony
Page 3,September 12,2021
Nene geese fly over huaka'i participants at Nihoku
Huaka'i to Nihoku for Halaua ola 2014.4th
World Conference on Hula
Dr.Mehana B.Vaughn and Kilauea Historian and Kupuna,Gary
Smith -Huaka'i for Halauaola 2014,4th Worid Conference on
Hula
Even more of a special and rare sighting!A Koa'e 'Ula and a Koa'e Kea nestingon
the Nihoku hiflside.The Red and White Tail Tropicbirds can be distinguished by
their red and black beaks.Koa'e are venerated as 'aumakua or spirit guardians by
some Hawaiian families.They are also considered as kinolau or bird-bodied
manifestations of dejties and chiefs.The Koa'e and 'lwa (Frigate Birds)were known
'aumakua of Kamehameha the Great.These species that also inhabit areas and
cliffs of Nihoku and KTIauea point.
A M61T or Laysan Albatross Chick on its
walkabout at Nihoku,at the stage of
being weeks away from fledging.Once
mollfledge,they wifl rematn airbone at
sea for 4 to 5 years before returning to
their 'gina hanau where they were
hatched.Asyoungjuvenilestheywill
begin to engage in courtship behaviors
and pastimes such as ritual dancing with
prospective partners.However,it may
be a couple of seasons before they
actual find a mate and settle down to
breed,nest and co-parent their single
egg.
Kaua'i Planning Commission
Nihoku -Letter of Testimony
Page4,September 12,2021
View from the hillside of NihokO overlooking Lae O KFlauea (KTIauea point)and Moku'ae'ae belo
Native Hawaiian Nene geese are amongst several
native Hawaiian bird species that live and nest
throughout the hill of Nihoku
The entirety of Hihoku facing he open ocean includes the islet of
Makapili,a broken off remnant that was once an attached part
of Nihoku crater.This sen/ed as a brief and temporary home for
Pele,the firegoddess ofvolcanoes.Herfiery pit was doused
with sea water by her rival sister,Namakaokaha'i,the deity of
the ocean.
Looking east from the rim of Nlhoku Hill and Crater.
Makapili islet in the foreground.
Kaua'i Planning Commission
Nihoku -Letter of Testimony
Page 4,September 12,2021
Pa'u O Hi'iaka,translated as "Skirt of Hi'iaka"is one of many
native Hawaiian plant and ground cover that enhances the
habitat of native Hawaiian birds and wildlife that make their
home on Nihoku.It is a kinolau named for the goddess,
Hi'iakaikapoliopele,the youngest and favorite sister of Pele.)t
is an important plant for spiritual and cultural purposes as
well.
View looking out south,ma uka to the mountains
of KIIauea and Namahana Peak
Keiki and 'Olapa ofHalau Palaihiwa O Kaipuwai offer ho'okupu ofprotocol chants and dances in celebration ofthe Makahiki Season
honoring the major Hawaiian deity,Lono.The public is invited to attend and participate in 'Aha Ho'ina 1 Ka Makahiki,a special blessing
for the annual return of the molT or Laysan albatross that mate,breed and nest at KTIauea Point,Nihoku and along the bluffs of Kau3'i's
northeastand northwestem bluffs.The mollisa kinolau or manifestation ofthe deity,Lono and is an integral part of Makahiki
traditions and ceremonial rites.
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Attachments:
Meleana Estes <meleanaestes@gmail.com>
Sunday,September 12,2021 11:29 PM
Planning Department
Please disregard earlier sent testimony..this is the one!
testimony.docx
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha,
1 accidentally sent my rough draft!Please consider this current testimony!Sorry for the error..it is an emotional place
to write about and 1 truly want to share as best as possible.
With Aloha,
Meleana Estes
"F.^.<^.1^4:
SEP 1 4 2021
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and
Honorable Kaua'i Planning Commissioners:
My name is Meleana Estes.Nihoku (Crater Hill)is important to my
family and I because 1 grew up across Kauapea Beach above
Kalihiwai and my childhood memories of this place are strong.It has
continued to be an important place to my family,from run/walk/bike
rides with our keiki and their Puna B (Beryl Blaich)to recent treasured
memories of walking with our late Papi (Gary Blaich)up the hill to look
for whales and enjoy watching the soaring moli in his last months
battling cancer.
My best friends father was the head of Fish and Wildlife Service
growing up.We were lucky to witness (and play amongst)daily work
being done to protect and care for this area and its precious wildlife.
Between Dan Moriarty and my own father's love and care for the are
(he worked closely with Hawaiian Islands Land Trust to protect
neighboring Kahilli Beach)and the wildlife it provides sanctuary for,1
knew from an early age of the special and sacred nature of Nihoku,
both culturally and for the habitat that thrives in its home there.
1 am concerned that the proposed house would impact seabirds who
call the area home.1 also feel that it would forever ruin the experience
of this vital place for future generations.The house is much too large
and located far too high up the mountain,in a sensitive area that
should not be built upon at all.1 have my memories here,but even
someone enjoying their first evening walk up to the look out at Crater
Hill,will feel the changed landscape the proposed large house will
impose.It just simply will change the feel and beauty for the
community both new and old.
1 am asking the planning commission to please deny permits to build
the proposed house.
Mahalo for all you do for our island of Kaua'i.
With much Aloha,
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Attachments:
Devin Forrest <dforrest@hawaii.edu>
Monday,September 13,2021 7:38 AM
Planning Department
Testimony in opposition to Item 2a:Special Management area Use Permit,Use Permit &
Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11 -A
Opposition to Item 2a-Special Management area Use Permit,Use Permit &Class IV
Zoning Permit for Sea Cliff Plantation Subdivision Lot 11 -A.pdf
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Devin C.K.Forrest
J.D.Candidate,Class of 2022
William S.Richardson School of Law
dforrest@hawaii.edu
'Aiawahie a Lapa ke Ahi
"Take Your Time Toward Mastery"
"F.^.<?r>5-
SEP 1 4 2021
Kaua'i Planning Commission Meeting
9:00 AM Tuesday,Sept.14'h
Testimony in Opposition to Item 2a:Special Management area Use Permit,Use
Permit &Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11-A
Aloha Kaua'i Planning Commission,
ChairApisa,Vice-Chair Cox,Commissioners and Staff,
"I paoa 'aha kena!?""for what purpose is that digging stick!?"This uttsrance was
said by one ofthree sisters,turned to stone by the goddess Pele,who still sit atop Nihoku.
The sisters saw the futility of Pele digging her potential crater home so close to the sea,
and its eventual inundation,and mocked her because of it.
While an ancient story,we find history repeating itselftoday.We have malihini,like
Pele,attempting to build a home in an area that is not suited for it.Kaua'i has seen its
share of "after the fact"adverse impacts when zoning laws are amended or special use
permits granted.Many times,it is because those applying for these exemptions have the
financial means to overcome the safeguards that keep our natural and cultural landscapes
protected.In most instances,through legal maneuvering and mitigation "checklists,"the
applicants are able to get an exemption,by promising broad unspecific measures without
any real sacrifice or differentiation to their plans,causing the public,and most of all the
Native Hawaiian community to suffer.
The applicants purchased this property with full knowledge of the special treatment
district.The area is habitat for birds that are important in present and emerging cultural
practices,some ofwhich cannot be performed until species are at a more stabte
population.The size and scope of the construction is unreasonable,especially when there
are alternatives that can protect both the natural and cultural landscape.In looking at the
proposed plans and action 1 ask the same question as those sisters that call Nihoku home,
what are these zoning and permitting protections for if we do not stand by them?Is it pono
and in keeping with the public trust to allow a place to be irreparably changed when a
more reasonable and less impactful alternative is possible?
It is for these reasons that 1 oppose the Special Management area Use Permit,Use
Permit &Class IV Zoning Permit for Sea Cliff Plantation Subdivision Lot 11-A.
Na'u no me ka mahalo nui,
Devin Kamealoha Forrest
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Attachments:
Michelle Betz <michellebetz@yahoo.com>
Monday,September 13,2021 7:23 AM
Planning Department
Public testimony
Betz letterto Kauai Planning Commission 13 Sept2021.pdf
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
Please see attached and also pasted below:
13September2021
County of Kaua'i Planning Commission
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kauai Planning Commissioners,
Director,Deput Director and Staff:
My name is Michelle Betz and 1 am a resident of the Big Island live on SMA property.1 am testifying in
opposition to the requested Special Management Area use permit and class IV zoning permit for Sea
Cliff Plantation Lot 11 -A.
1 was recently exposed to four months of a TV shoot next door.It was clear that the lights that were
on 24/7 negatively impacted the shearwaters (a'o)living on the island -yet nothing was done nor is
being done to protect these endangered species.It is devastating to watch big money come to our
state with little regard to the fragile environment in which we live.
As such,1 strongly oppose the request for the SMA permit and class IV permit for the Sea Cliff
Plantation Lot.This land carries multiple protective land use designations and zoning layers designed
to protect scenic and ecological resources of unique value for the public.
I have no problem with the applicant's right to build but the current proposal and the accompanying
development are much too large and improperly situated to the sensitive ecology.In order to protect
^.^^.1<^.
SEP 1 4 ?n^
against irreversible negative impacts,1 ask the planning commissioners to deny the requested
permits.
Thank you for your attention to this.
Sincerely,
Michelle Betz
32-1032 Hawaii Belt Road
Ninole,Hl 96773
michellebetz @ vahoo.com
808 747 4909
Betz Media Consulting
hl.tp ://www.michellebetz,com
13 September2021
County ofKaua'i Planning Commission
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kauai Planning
Commissioners,Director,Deput Director and Staff:
My name is Michelle Betz and I am a resident ofthe Big Island live on SMA property.1 am
testifying in opposition to the requested Special Management Area use permit and class IV
zoning permit for Sea CliffPlantation Lot 11-A.
I was recently exposed to four months ofa TV shoot next door.It was clear that the lights that
were on 24/7 negatively impacted the shearwaters (a'o)living on the island -yet nothing was
done nor is being done to protect these endangered species.It is devastating to watch big money
come to our state with little regard to the fragile environment in which we live.
As such,1 strongly oppose the request for the SMA permit and class [V permit for the Sea Cliff
Plantation Lot.This land carries multiple protective land use designations and zoning layers
designed to protect scenic and ecological resources ofunique value for the public.
I have no problem with the applicant's right to build but the current proposal and the
accompanying development are much too large and improperly situated to the sensitive ecology.
In order to protect against irreversible negative impacts,1 ask the planning commissioners to
deny the requested permits.
Thank you for your attention to this.
Sincerely,
Michelle Betz
32-1032 HawaiiBeltRoad
Ninole,HI 96773
michellebetz@,vahoo.com
808 747 4909
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Attachments:
Jeremiah Ryan <jkryan808@gmail.com>
Monday,September 13,2021 6:48 AM
Planning Department
Fwd:
IMG_7372.PNG;IMG_7373.PNG
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Forwarded message
From:Emma <chidgeve@vahoo.com>
Date:Mon,Sep 13,2021 at 6:44 AM
Subject:
To:Miah Ryan <ikrvan808@email.com>
My name is Jeremiah an 1 oppose of this completely.Thx for your time reading this.
Sentfrom my iPhone
fs.'^.^(>^
S£?1 ^202^
^
Sea cliff/crater hill special use
permlt
Aloha Planning CommJssioner Chair Apisa,
Vice-Chair Cox and Honorable planning
commissioners and staff.'"%i
1 am writing to voice my opposition in regards to
^...r-:
'-''•-/''.''-'.:.'.^-'...''.•'
.^^
the special Management area use permits for •::
lot 11-A at Sea Cliff Plantation..^.:'.^^^^^^
Myself and my farnily regularly enjoy walking
^nd biking on crater hill and have for manyzz
years,it is an important part of Kilauea town
and the residents that call it home.-^.K^;
The proposed home will not only be a blight on
this beautiful natural hill but also encroach onto
an already too-limited bird life and wildernesses
area,possibly negatively impacting the sea
birds,especially at night from light pollution.
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Tannra Martin <martintamra@hotmail.com>
Monday,September 13,2021 7:46 AM
Planning Department
Oppose Green home on Nihoku
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Hi,
Please do not allow the home to be built on the proposed parcel on Nihoku.Crater Hill is significant to everybody who
grew up in Kilauea.1 can tell you countless stories about that area.It's also significant for our native birds and cultural
events.
Pleaseoppose.
Thankyou,
Tamra Martin Moriguchi
Sent from my iPhone
13
f:-».«.1>S.
SEP 1 ^2021^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Lila Martin <lilaatethis@gmail.com>
Monday,September 13,2021 7:49 AM
Planning Department
Testimony for Meeting on 9/14
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Aloha Planning Commission Chair Apisa,Vice-Chair Cox,Honorable Kaua'i Planning Commissioners,
Director,Deputy Director and Staff:
My name is Lila Martin DeBenedetti.1 grew up in Kilauea and my family lives on Kilauea Road.1 am testifying
in opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for
Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers
designed to protect scenic and ecological resources of unique value for the public.I support the applicant's
right to build on the site.However,the proposed house and accompanying development are much too large
and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against
irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for
your time and attention.
Sincerely,
Lila Martin DeBenedetti
11
f.-2-^.\^
'SEP14 ^Tj
Kristen Romuar-Cabico
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Meredith Cross <malibumer.nunn@gmail.com>
Monday,September 13,2021 7:52 AM
Planning Department
OPPOSE!AGENDA ITEM:2.New Agency Hearing a.SPECIAL MANAGEMENT AREA USE
PERMIT (SMA(U)-2022-1),CLASS IVZONING PERMIT (Z-IV-2022-1),and USE PERMIT
(U-2022-1)
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sender is known to you unless it is something you were expecting.
Aloha Planning Commission ChairApisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners:
My name is Meredith Cross.Nihoku (Crater Hill)is important to my family and 1 because we respect the wildlife
and sensitive natural habitat.1 am concerned that the proposed house would impact seabirds who call the
area home.1 also feel that itwould forever ruin the experience ofthisvital place for futuregenerations of
KTIauea and Kaua'i young people.The house is much too large and located far too high up the mountain,in a
sensitive area that should not be built upon at all.1 am asking the planning commission to please deny
permits to build the proposed house.Thank you so much for all you do for our island of Kaua'i.
With much aloha,
Meredith Cross
Kapa'a,Hl
f^.a.iw^
'SEP14 2021'
Kristen Romuar-Cabico
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To:
Leipuaahi Wann <leipuaahi17@gmail.com>
Monday,September 13,2021 7:53 AM
Planning Department
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sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i
Planning Commissioners:
My name is Lei Wann.Nihoku (Crater Hill)is important to my family and 1
because it is a culturally significant wahi pana.This wahi pana is one of the most
sacred places on Kaua'i.1 am concerned that the proposed house would impact
seabirds who call the area home.1 also feel that it would forever ruin the
experience of this vital place for future generations of KTIauea and Kaua'i young
people.The house is much too large and located far too high up the mountain,in
a sensitive area that should not be built upon at all.1 am asking the planning
commission to please deny permits to build the proposed house.
Thank you so much for all you do for our island of Kaua'i.
With much aloha,
Lei Wann
Cultural Practitioner
Director,Limahuli Garden and Preserve
^T.^.^.w.
'SEP14 on21
(g)
Kristen Romuar-Cabico
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Subject:
Leah Thayer <leahthayer808@gmail.com>
Monday,September 13,2021 7:56 AM
Planning Department
Testimony on Development Near Nihoku
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sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,hlonorable Kaua'i Planning Commissioners,
Director,Deputy Director and Staff:
My name is Leah Cornog.1 grew up in Kilauea,and my family lives on Kilauea Road.1 am testifying in
opposition to the requested Special Management area Use Permit,Use Permit &Class IV Zoning Permit for
Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use designations and zoning layers
designed to protect scenic and ecological resources of unique value for the public.I support the applicant's
right to build on the site.However,the proposed house and accompanying development are much too large
and improperly situated for the ecological and aesthetic sensitivity of the site.In order to protect against
irreversible negative impacts,1 ask the planning commissioners to deny the requested permits.Thank you for
your time and attention.
Sincerely,
Leah Cornog
f:^.a.\^
'SEP1 4 2021
Kristen Romuar-Cabico
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Subject:
Dennis O'Shea <oshea606@gmail.com>
Monday,September 13,2021 7:57 AM
Planning Departinent
Nihoku
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha PlanningCommission ChairApisa,Vice-Chair Cox,Honorable Kaua'i PlanningCommissioners,Director,Deputy
Directorand Staff:
My name is Kenika O'Shea.1 am testifying in opposition to the requested Special Management area Use Permit,Use
Permit &Class IV Zoning Permit for Sea Cliff Plantation Lot 11-A.The land carries multiple protective land use
designations and zoning layers designed to protect scenic and ecological resources of unique value for the public.The
proposed house and accompanying development are much too large and improperly situated for the ecological and
aesthetic sensitivity of the site.In order to protect against irreversible negative impacts,1 ask the planning
commissionersto denythe requested permits.
Thank you for your time and attention.
Sincerely,Kenika O'Shea
^^^O.Wi
SEP \4 2021 fA)
Kristen Romuar-Cabico
From:
Sent:
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Subject:
leahkamoi <leahkamoi@gmail.com>
Monday,September 13,2021 7:59 AM
Planning Department
9/14/21 2.agenda item:New Agency hearing testimony.
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
Aloha Planning commission Chair Apisa,Vice chair Cox,and Honorable Kauai Planning commission,
'o Leah Kamoiokalani Sausen ko'u inoa,No Halele'a mai au.Thank you for taking the time to take my testimony into
consideration for this matter.My name is Leah Kamoiokalani Sausen,1 am born and raised in the district of Halele'a,
Kaua'i.1 attended Kilauea elementary school and was a recipient ofthe Dan Moriarty Memorial scholarship while
attending college.For 38 years this has been my home,in those years 1 have looked upon NThoku for refuge,1 have
unique childhood memories of how our family seeked safety to NThoku when there were tsunami warnings and
remember going up there to witness a special eclipse.1 have always looked up to NThoku,from Kahili as well as my
childhood home.
1 have witnessed much change here,land development with foriegn ideas.Foriegn ideas of profit and gentlemens
estates.That truly only benefit a few while disrupting communities with segregation and overdevelopment.1 look at
places and land in a much different light.1 cannot expect you to have the same relationship to this place as I,but1hope
today you will build a better understanding of the relationship we have to this Wahi pana of NThoku.NThoku is an aina
that feeds my family spiritually and mentally.1 have had the opportunity to reciprocate that relationship and malama
'aina in this my aloha expands for NThoku.In building my relationship to this place 1 have learned traditional stories of
place and the unique habitat it has for native and migratory birds.1 now have children and 1 often bring them up here,
we always greet NThoku &give thanks to Nihoku for the safe guarding.If this huge house development is approved it will
directly impact our culture and ecosystem.
The house is much too large and located far too high up the mountain,in a sensitive area that should not be built upon
at all.1 am asking the planning commission to please deny permits to build the proposed house.
Mahalo for all that you do for Kaua'i and the very important work.
Me ka ha'aha a,Leah Kamoiokalani Sausen
Sent via the Samsung Galaxy 58 Active,an AT&T 5G Evolution capable smartphone
fr<>^.^t
SEP14 20211
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Moana <moana.mcr@gmail.com>
Monday,September 13,2021 8:00 AM
Planning Department
Item 2a:Special Management area Use Permit,Use Permit &Class IV Zoning Permit for
Sea Cliff Plantation Subdivision Lot 11-A
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning
Commissioners:
My name is Moana McReynolds.Nihoku (Crater Hill)is important to my family and 1
because it is a space we frequent often for connection to nature.1 am concerned that the
proposed house would impact seabirds who call the area home.1 also feel that it would
forever ruin the experience of this vital place for future generations of KTIauea and Kaua'i
young people.The house is much too large and located far too high up the mountain,in a
sensitive area that should not be built upon at all.1 am asking the planning commission to
please deny permits to build the proposed house.
Thank you so much for all you do for our island of Kaua'i.
With much aloha,
Moana McReynolds
917-913-6562
^9-.^.l^
SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
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Subject:
Vanessa Lluellen <v.jm19@hotmail.com>
Monday,September 13,2021 8:05 AM
Planning Department
PROTECT NIHOKU
CAUTION;This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
Aloha Planning Commision Chair Apisa,Vice-Chair Cox,and Honorable Kauai Planning Commisioners:
My name is Vanessa Lluellen.Nihoku (Crater Hill)is important to my family and 1 because 1 am from Kilauea
and understand the importance of Crater Hill as a nesting site for many birds year round.1 also feel that it
would forever ruin the experience of this vital place for future generations of Kilauea and Kauai young people.
The Seacliff area offers so many people of Kilauea and other towns on the North Shore a place to exercise,
meditate and reflect,and to experience the daily sunrises and sunsets from.The house is much too large and
located far too high up the mountain,in a sensitive area that should not be built upon at all!!1 am asking the
planning commission to please deny permits to build the proposed house.
Thank you so much for all you do for our island of Kauai.
With much aloha,Vanessa
^.^.^»(,.
SEP 1 4 2021:
Kristen Romuar-Cabico
From:
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Subject:
malia locey <malialomi@yahoo.com>
Monday,September 13,2021 8:07 AM
Planning Department
Nihoku Crayter Hill
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it Is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable
Kaua'i Planning Commissioners:
My name is Malia Locey Nihoku (Crater Hill)is important to my family and 1
because we honor this place as a sacred place for our nesting birds.1 am
concerned that the proposed house would impact seabirds who call the area
home.1 also feel that it would forever ruin the experience of this vital place for
future generations of KTIauea and Kaua'i young people.The house is much
too large and located far too high up the mountain,in a sensitive area that
should not be built upon at all.1 am asking the planning commission to please
deny permits to build the proposed house.
Thank you so much for all you do for our island of Kaua'i.With much aloha,
Malia Locey
'^•^
^w-.'
SEP 1 4 2021 ^
Kristen Romuar-Cabico
From:
Sent:
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Subject:
Michelle Smith <msmith28@hawaii.edu>
Monday,September 13,2021 8:18 AM
Planning Department
Nihoku (Crater Hill)testimony
CAUTION:This email originated from outside the County of Kauai.Do not click links oropen attachments even ifthe
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning
Commissioners:
My name is Michelle Smith.1 am a field biologist and work in the Northwest Hawaiian islands,
specifically on Kure atoll which is located at the end of the hlawaiian archipelago.Nihoku (Crater
Hill)is important to the local community and 1 because 1 am concerned that the proposed house
would impact seabirds who call the area home.The lot adjoins vital sea bird nesting areas for
albatross,shearwater,petrel,koa'e (tropic birds)and more.Crater Hill is a needed relocation
site for future bird populations from the northwest Hawaiian islands whose habitat is shrinking
due to sea level rise,hurricanes and tsunamis.
1 also feel that it would forever ruin the experience of this vital place for future generations of
KTIauea and Kaua'i young people.The Kflauea community has worked to protect the slopes of
Nihoku from development for over forty years.The proposed house would forever impact the
views and feeling of a place that area 'ohana love and enjoy together.The house is much too
large and located far too high up the mountain,in a sensitive area that should not be built upon
at all.1 am asking the planning commission to please deny permits to build the proposed
house.
Mahalo nui for your time,
Michelle Smith
f?-?..4.|^
12
s^4 7^
Kristen Romuar-Cabico
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Subject:
Attachments:
Brooke Friswold <brookef@hawaii.edu>
Monday,September 13,2021 8:55 AM
Planning Department
Testimony on NihokO (Crater Hill)
48_2_245-254.pdf
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning Commission Chair Apisa,Vice-Chair Cox,and Honorable Kaua'i Planning Commissioners:
My name is Brooke Friswold and 1 am a wildlife biologist working on the impacts of artificial lights on native seabird
colonies in the Hawaiian Islands.1 am concerned that the proposed house would impact seabirds who call the area
home through increasing attraction and mortality due to the increased risk of death due to an innate attraction to
artificial light that leads to the disorientation and grounding of seabirds.1 have conducted research that demonstrates
that artificial lights with 5km of a seabird colony has an increased risk to attract seabirds and increase mortality events -
especially detrimental for critically endangered native populations such as the Hawaiian Petrel and Newell's Shearwater.
This establishment would be within 5km of seabird colonies making it particularly harmful to these at risk species that
have declined 94%in the last decade.Mahalo for your time and consideration.1 have attached my research if further
reference is needed.
All the best,
Brooke Friswold (she/her)
Wildlife Conservation Biologist
Conservation Research Coordinator //SEED Madagascar
Lead Instructor//[nternational Field Studies Inc.//Borneo
MSc //University of Hawai'i at Manoa
+1(360)540-1948
brookef@hawaii.edu
brookefriswold.com
^^.Al^
SEP 1 4 2021
245
WIiDGE-rAtLEDSHEARVVA'l'ER/iRO&WA^PACIFICA
FALLOUT PA:'l'TEt<NS INFOKA't TARGETEiJ MAi\A<.;l<;iVII<;iNrl'
BROOKE FRISWOLD'".KEITH SWINDLE3,DAVID HYRENBACH3 &MELISSA R.PRICE'
lDepartmen(ofNaturat Resources &Environmental Management,University ofHawai'i a!Manoa,
1910 East-Wesl Rd.,Honolutu.Hl 96822,USA
(brookef®hawaii.edu)'-UniKd Slales Fish and Wildlife Seivice,JJ75 Koapaka Sl.,Howkilu,Hl 96819,USA
JHawai'i Pacific University,45-045 Kamehameha Hwy,Kane'ohe,HI 96744,USA
Received 17 January 2020,accepled 03 Juty 2020
ABSTRACT
FRISWOLD.B.,SWINDLE,K..HYRENBACH,D.&PRICE,M.R.2020.Wedge-tailed Sheaiwater Ardenrm pacifica fallout pattems
infonn targeted managemenl.Marine Omitholffgy 48:245-254.
Seabird fledglings are often attracted to artificial,bright lights,leading to their grounding.This pheQomenon is termed "fallout"and is
associated with an increased risk of mortality from land-based threats.This study evaluated temporal trends and spatial factors,such as
fallout clustering near lights and proximity to colonies,to infonn targeted managemenl actions.Standardized surveys were conducted from
2002 to 2010 for Wedge-tailed Shearwater Ardenna pacifica fWTSH)fallout on the island of O'ahu,Hawai'i,USA.First,yearly fallout
counts along the transect showed a two-year cycle and identified 25 November as the date with the highest fallout across years.Second,
artificial lights aad utiUty lines were present in 94%and 83%of fallout locations,leading to significantly higher fallout rates at these
locations compared to random points along the transect.Third,fallout decreased significantly as the distance from the colonies increased
and was negLigibte farther thait 5 km from the nearest colony.Overall,60%of all fallout occurred along a 1.7 km secdon of the survey route,
with 27%of this fallout occurring within 8 m of two light poles,highUghting the need for targeted management.Finally,the disposition
outcomes of rescued stiearwaters from non-fatal fallout were analyzed.Ainong grounded individuals that were recovered alive,78%were
admitted for rehabilitation with no injury and released.This suggests that rescue efforts during high-risk periods that are focused within 5 km
ofcolonies,in fallout hot spots,are likely to enhance survival.Because little is known about the environmental drivers ofWTSH fallout,our
results specify when,where,and how targeted management could be used most effecdvely to reduce fallout on O'ahu.Our targeted approach
may be applied in other regions where seabird fledging is heavily impacted by artificial lights.
Key words:fallout.light pollulion,ftedgiiig-procellariifonne.s,t^rgered management,Wedge-tailed Shearwater,seabirds
INTRODUCT10N
[n the era of the Anthropocene,some innate behaviors,such as
an attraction to Ught,reduce seabird survival in human-modified
landscapes (Telfer el al.1987,Le Com el al.2002,Rodriguez &
Rodriguez 2009,Rodriguez et al.2017b).The attraction to light
often leads some seabird species toward human structures on land
or at sea (see Imber 1975,Montevecchi 2006,Atchoi etal.2020 for
theories regarding light atbraction in seabirds).This phenomenon
is most prevalent when chicks take first flight from their natal
colony,where some fly toward artificial lights onshore,rather than
dispersing to the sea (Troy et al.2011,Rodriguez et al.2015b,
2017a).These individuals may eventually fall to the ground due
to exJ-iaustion or collisions with obstacles in an event referred to as
"fallout"(Telfer «a;.1987).
Once grounded,car strikes and predatioa by introduced mammalian
predators,including domesdcated dogs and cats,are the main
causes of injury and death.Grounded bu-ds can also sustain injury
from the initial impact iind dehydration (Ainley et al.2001,Sniith
el al.2002,Rodriquez el al.2014,Deppe e(a/.2017).Additional
land-based threats include strikes with physicaJ structLires such
as utitity lines,which may be more difficult to see in the evening
(Cooper &Day 1998).High winds and weather events may increase
the likelihood of Ught-induced fallout (Work &Rameyer 1999;
Rodriguez et al.2014,2015b;Syposz et al.2018).and the phase
ofthe moon can also have an impact,with fallout increasing during
moonless nights or nights with low lunar illumination (Telfer et
al.1987,Ainlcy et al.2001,Le Corre el al.2002,Rodriguez &
Rodriguez 2009).
Seabu-ds are among the most endangered group of birds globally
(Croxall et al.2012,Dias et al.2019).At least 56 species of
seabirds in the order procellariifonnes are subject to groiindmg from
artificial Ughts,making them the group of seabirds most affected
by this phenomenon (Rodriguez et al.2017c).The vulnerability
of highly threatened procellariiformes to Ught pollution requires
novel approaches to reduce the magnitiide of fallout and increase
the survivorship of grounded birds.Several risk factors associated
with coastal development can increase seabird fallout and mortality.
The proximity of artificial lighting to colonies (Rodriguez et
al.2015a),particularly when Lights are unshielded or generate
certain wavelengtlis,can increase fallout (Reed et al.1985,Rich
&.Longcore 2013,Rodriguez et al.20I7c,Longcore et ai.2018).
However,seabirds fledging from "dark"colonies without a direct
line of sight to artificiat Ughting may still be impacted if they
Marine Omithology 48:245-254 (2020)
246 Friswold et al.'.Targeted management of Wedge-tailed Shearwater
encounter artificial Ughts post-fledgtng (Troy et al.2011,2013;
Rodriguez et al.2015b).
The Wedge-tailed Shcarwater Ardenna pacifica (WTSH,'Ua'u
Kani)occurs throughout the Hawaiian archipelago (Hawai'i Natural
Heritage Program 2004).WTSH are one of the most abundant
seabirds breeding in the Maiu Hawauan Islands with an estimated
87825 pairs (Pyle &Pyle 2017).On O'ahu,they nest on islets
offshore and less abundantly along the shoreline,with many of their
current colonies protected from predators (USFWS 2005).They
play aa important role in coastal ecosystems in Hawai'i,as fheir
guano is a source of nutnents for coastal vegetation and coral reefs
(Honig &Mahoney 2016).Because WTSH nest near developed
areas on the island of O'ahu,Hawai'i,which has one ofthe highest
light intensity values on the entire planet CTroy et al.2013),they
are an ideal model species for examinmg the relative impact of
different factors on fallout,and how targeted management of light
pollution,coastal stmctures,and rescue campaigns could nutigate
mortality.WTSH chicks fledge from the Hawaiian Islands in early
November to late December (Whittow 1997),when hundreds of
birds become grounded on O'ahu (Work &.Ramcycr 1999).WTSH
represented 96%of all seabirds delivered to the Sea Life Park (SLP)
rehabiUtation center during the period 1999-2003 (impubUshed
data),Ukely due to theii high relative abundance.
This study evaluated WTSH fallout in southeast O'ahu.Nine
years (2002-2010)of systematic surveys along a coastal highway
near several WTSH coloaies were analyzed to evaluate the spadal
distriburion of faUout (compared against random pomts).Results
were modeled to ascertam the potential influence of proximity to
colonies and the aggregation of urban Ught poles and utUity Imes
on spatial fallout pattems.Records of grounded and rescued WTSH
from a local rehabUitation center were also analyzed that included
the reladve condition of fallout birds and their potential for release.
Based on previous studies,we predicted that fallout locations
would be more abundant near colonies and would be significantly
associated with Ught poles and utiUty lines.Finally,we used OUT
findings to make reconunendatioos for targeted managemeat
actioas to reduce faUout and incrcase Ehe survival of grounded
WTSH in Hawai'i.
METHODS
Study area
The majority of WTSH nesting colonies on O'ahu occur at small
islets located off the southeast coastline of the island (Fig.1A);
five colonies occur within our study area:Manana (32 930 aesting
pau-s,np),Kaohikaipu (649 np),Popoia (669 cp),Mokulua Nui
and Mokulua Hd (8968 combined np),aiid Freeman Seabird
Preserve (mainland O'ahu;313 np).These abundance estimates
are based on systematic surveys conducted by the Hawai i Division
of Forestry and Wildlife (DOFAW),Pacific Rim Conservation,
Hawai'i Audubon Society,and Pyle &Pyle (2017;Fig.1A).
The south-cenbral region of O'ahu is highly developed,with high-
density residential,commercia],and street Ughts (Fig.1A).The study
area,spanning the windward and leeward shores of the southeastem
region of the islaad,encompassed a mixture of urbanized and
residendal arcas with tight poles along a coastal highway.Included
is a beach park with a sports field containing stadium Ughts,and an
entertainment park with flood and stadium Ughting (Fig.IA,B).
Throughout tfus paper,the term "Ught poles"refers predorainantly
to street lights afBxed to utility poles and mcludes a small number
(<1%)of beach park and bathroom lights using halogen bulbs,
and two stadium floodlights in a sports field (not consistenUy
iUuminated).Not atl locations along the b'ansect that contamed
light poles also coatained udlity tines and vice versa,aad there
were stretches of roadway that contamed nelther.The streetlights
werc fuUy unshielded (not full cut off)and emitted light in an
omnidirectional pattem for 360 degrees in the horizontal plafle.They
also emitted light above the horizontal plane (i.e.,were visible above
the elevatioa of the light bulb).The street Ughts used high-pressure
sodium bulbs that produced Ught at a characteristic wavelength near
589 mn,a coirelated color temperature of -2200 Kelvin,and a color
rendering index of ~25 CIwai et al.1977).
Road surveys for fallout detection
Systematic road surveys were conducted from a vehicle to map
fallout along a 25.7-km transect of the Kalaniana'ole Highway
Cotonysite:<100 <:1,000 <10^00 <100jMM
Urtnn'area:E]
Sea L(fel*a(k(rehabi[ltath»n ceirter);a /.i'—Transact
Fig.1.(A)Wedge-tailed Shearwater (WTSH)colony sizes across O'ahu.Colony size based on nest surveys of the uumber of occupied
burrows obtained from the Division of Forestry and WildUfe (2018 survey),Freeman Seabird Preserve (2019 survey),Kane ohe Marine
Corps Base (2018 survey),Pacific Rim Conservalion (2018 survcy),and Pyle &Pyle (2017).Colony D3's;KP:Ka'ena Point;PO:Popoia;
MN/MI:Mokulua Nui and Mokolua Dd;MA:Manana;BP:Black Point;KB:Kailua Beach Park;KM:Kane'ohe Marine Corps Base;MM:
Mohi Manu;MO:Moku'aia;KA:Kapapa;MK:Mokoli'i.Urbanized area projections were obtained from NOAA (2009)and are indicated
with grey shading.The location of Sea Life Park (WTSH rehabiLitation center)is indicated with a black square.(B)Survey route with
transect across southeastem O'ahu,Hawai'i,USA desigaatiag the northem and southera regions of the transect.Transect length =25.7 km.
Marine Omithology 48:245-254 (2020)
Friswold et al.:Targeted management of Wedge-tailed ShearwaEer 247
(State Route 72).Vehicle surveys were conducted approximately
every du-ee days during the fledging season (mid/early November
to late December)2002-2010.Each survey was initiated at about
dawn and consisted of aii out-and-back trip along the controlled
intersection of Ainakoa Avenue,Waikui Street,Lunalilo (Hl)
Freeway,and Kalaniana'ole Highway in Honolulu.The eastem
temunus of the Ko'olau Mountains divides the aorthem and
southem portions of the fcransect (Fig.1B),where 98%of all
surveys were conducted by the same observer (K.Swindle).On
severat surveys,ooe additiooaJ observer was present,primarily as
a note-taker.Posted speed limits along the route were 20-45 mph,
however,survey speeds typically ranged 25-35 mph.
Tlie survey was linuted to the roadway and arcas immediately adjacent
(S 4 m),such as paved or graveled road shoulders,sidewalks (when
present),and mowed areas between the road and vehicular guardrails
(when present),with the inclusion ofone beach park parking lot.Visual
barriers such as umnanaged taU vegetation,waUs,fences,or structures
associated with housing bounded the mdjority of the survey route.
WTSFI,being relatively large,are easily observed oa or adjacent to
paved roadways,mcluding days-old carcasses flattened by repeated
trafflc,sometimes represented by smgle contour feathers stuck to Ae
roadway.FaUout that was not visible frorn the road was not detected;
therefore,the aumber offallout birds documented by these surveys did
not represent the totaUty of fallout Hkely to have occurred along the
survey route.The WTSH that were cottected included live grounded
birds (11%)fflid carcasses (89%)fTable 1).AU grounded WTSH were
assumed to be the result of fallout.Carcasses were removed after each
survey aad Uving buds were transported to a nearby rehabilitation
ceober.Only surveys with at least one faUout detectioa were used in this
analysis.The latitude and longitude of each bird found were recorded
with a Garmin GPS m Plus or Ganmn GPS 76;digital photographs of
locations,surTOundings,and grounded specimeas werc taken.
Fallout survey data and random point generation
The relative proximity of fallout locatioas (n ==376)versus
raudomly generated points (n =250)to Ught poles and utility
lines were compared by plotting their GPS locations along the
digitized transect using ArcGIS (ArcMap 10.4,ESRI)and by
measuring distances to light poles using Google Earth (2018),and
photogrammetry from digital images taken at fallout locations.To
match the survey constraints of fallout locations,the random points
were similarly constrained tobe <4 m from the roadway by using a
constraining extant parameter.Using these methods,we detemiined
if light poles or utility Lines were present within 8 m of the observed
fallout locations and the random points.The occurrence (presence/
absence)of Ught poles and utiUty Unes adjacent to the fallout
locations and random points were compared independently using
chi-squared tests (Pearson 1900)three categories:ttght poles
present,utility tuies present,or none present.
Data analysis
All data suinmaries and analyses were performed using R version
3.3.2 (R Corc Team 2016)md R Studio (R Studio Team 2015)
with sigmficaoce assessed using a =0.05.AI1 GIS analyses and
maps were created using ArcGIS®,ArcGJS Pro®,and ArcMap
softwaie by ESRI Version 10.4.
§75
8
5 50»
2002 2003 2004 2005 2006 2007 2008 2009 2010
Year
TABLE1
Summary ofsystematic road surveys for
Wedgc-taaed Sbearwater (WTSH)fdlout detecdon
#Surveys
Year"with
fidlout
2002
2003
2004
2005
2006
2007
2008
2009
2010
Total
#FaUout #Birds
discovered alive,(%)
Earliest Latest
date of date of
discovery discovery
11
14
6
15
10
14
5
87
35
42
25
55
9
76
34
91
29
396
1 (2.8)
4(9.5)
1 (4.0)
0(0)
0(0)
9(11.8)
4(11.8)
24 (26.4)
0(0)
43 (10.9)
04Dec
17Nov
17Nov
14Nov
14Nov
07Nov
16Nov
18Nov
14Nov
07Nov
24Dec
04Dec
24Dec
22Dec
14Dec
17Dec
04Dcc
28Dec
12Dec
28Dec
The 2002 start date began later in the fallout season than in
subsequent years.
50
45
40
35
§30
^25
3
£20
S 15
10
5
o .Wi JJI iij]],L
SSSS^zzS^SSzzzzSSS&&S&S&&SS&&SSSSS&&S5a&&&&&S&
Date
Fig.2.(A)Count of Wedge-tailed Shearwater fWTSH)faUout
along the survey transect from 2002-2010.Open circles indicate
years where peak fallout coincided with a full mooD (A three days),
and closed circles indicate years where peak fallout coincided with
a new moon (±three days)(Byrd et al.1983,Rodriguez et al.
2012b).(B)Count ofWTSH fallout for survey dates poolcd for all
survey years (2002-2010).
Marine Omithotogy 48:245-254 (2020)
248 Friswold e£al.:Targeted management of Wedge-tailed Shearwater
Temporal anaiysis
The temporal analyses considered two scales:the magnitude of fallout
across years and the timing of fallout within years.The yearly totaJs
(WTSH discovered during our road surveys)showed a two-year cycle,
with sequentially high and low fallout counts (Fig.2A).Because we
detected a significant negative autocorrelation,we modeled yearly
totals as a fLinction of the total from the previous year using simple
linear regression.This approach allowed us to test for a one-year lagged
response and a linear trend using eight yearly values from 2003 to
2010.To characterize faUout during the fledging season (November-
December),fattout observations were pooled across the study period
(2002-2010)to depict total counts for each date (Fig.2B).
Distance tests
The distances firom each tallout locadon and random point to the
closest light pole and WTSH colony werc calculated using the "near"
tool Ln ArcPro.Binomial generalized linear models (GLM)with a
logit link fiinction were employed to compare fallout locations (coded
as "I",n =250)and random points (coded as "'O",n =250)as a
funcdon of the distances to the nearcst colony (m)and Ught pole (m).
For the GLM's,a subset of 250 of the total 376 fallout locations were
randomly chosen to match the sample size of 250 random points;other
analyses that were conducted used all 376 fallout locations.Akaike's
Infonnation Criterion (AIC)values were used to compare the fit of
models with diffeient parameters (Bumham &Anderson 1998).
Hot spot analysis
An optunized hot spot analysis was conducted in ArcGIS Pro usmg
fallout location and light poles as incident pomts to generate two
maps of stadstically signtficant hot spots.The Hot Spot Analysis tool
calculatcs a Oetis-Ord Oi*stanstic (Getis &Ord.1992)for every
feature in the dataset,and a resultmg Z score displays where features
with high values cluster spatially.The larger the Z score,the more
intense the clustering of high values (hot spot),which is indicated
by color.The point data are automatically aggregated usmg the
appropriate scale of analysis while con-ecting for multiple testing and
spadal dependence,Hot spots were generated with 99%confidence.
Clustering anaiysis
To determine whether WTSH fallout clustered around specific
poles,the number of fallout locations within 8 m of each light
^
.nhimanab
Wakapu'u
..^\
pole (n =633)was counted using geoprocessing tools in ArcGIS.
A Spatially Constrained Multivariate Clustering analysis was
conducted in ArcPro using fallout location as the feature attribute
looking for spatially contiguous clusters.Because this spatial
analysis is defined by the variable distance,it is constrained using a
spatial weights matrix..Additionally,a cluster Umit of seven points
was selected for the analysis by assessing clustering effecdveness
with the Calinski-Harabasz pseudo /''-statistic (the ratio ofbetween-
cluster variance to within-cluster variance)(Calinski &Harabasz
1974).All values were standardized with a z-transformation.The
algorithm uses a connectivity graph of a mimmum spanning tree
(ICruskal 1956)and the method "skater"to detennine natural
clusters in the data and to ascertain regions of clustering and
of cluster membership Ukelihood (probability of belonging to a
cluster)for the fallout points along the transect.The number of
features per cluster was generated with fallout locations using
Trimmed Delauney Triangulation (Watson 1981);this approach
uses a non-intersecting network of triangles in which each feature
(fallout location)is a triangle node,with nodes that share edges
considered "natural"neighbors.This ensures that a feature will
only be included in a cluster if at least one other cluster member is a"natural"neighbor.FinaUy,multivariate clusteriDg boxplot analyses
were generated to show the calculated distance from location point
to the nearest light pole,and the calculated distance from location
point to nearest neighbor point (fallout location to fatlout location or
random point to random point),usiag standardized values.
Rescue center intake data analysis
Five years of available intake data from a seabird rehabilitation
center within the study area (Sea Life Park:2010,2012,2014,2017,
2018;Fig.1A)were analyzed to quantify mjuries upon intake and
the disposition outcomes (euthaiuzed,died,released,transferred).
RESULTS
Road surveys for fallout detection
In total,396 incidences ofWTSH fallout (both Uve and dead)were
documented along the survey transect during the survey period and
376 were analyzed (Table 1 ;20 not analyzed due to incomplete
documentadon).When considering the northem (303 light poles)
and southem (309 light poles)regions of the study area (Fig.1B),
the transect had similar levels of light pollution shown by the
number of light poles (Fig.3A).However,94%of fallout occurred
LVteimanak)
'^Makapu
Fig.3.(A)Light pole counts along the transect,with the densiiy increasing firom grey to blue to red with 99%confidence.A light pole hot spot
is indicated by the red cluster in the southem region of the transect (n =663).(B)Fallout counts along ttie transect,with density increasing
from grey to blue to red with 99%confidence.A fallout hot spot is indicated by the red ctuster in the northem region of the bransect (n =376).
Marme Omithology 48:245-254 (2020)
Friswold et al.:Targeted management of Wedge-tailed Shearwater 249
in the northem region,which contains several offshore nesting islet
colonies (-41 900 np).In contrast,there is only one small (-313 np)
onshore colony in the southem region (Fig.1A).Within the northem
region,70%of all fallout was concentrated in two areas:the town
ofWaimmalo (60%)and Makapu'u (10%)(Fig.3B).The town of
Waimanalo contains Dumerous light poles and stadium/beach park
Ughting near large offshore islet colonies.
Analytical results
Temporal analysis
The linear regression model of yearly fallout between 2003
and 2010 revealed two significant drivers:(1)there was a
two-year cycle (Fig.2A),evident as a sigiuficant (t =-4.203,
P =0.00847)lagged innuence of the preceding year's fallout
(coefficient =-0.9976 ±0.2374 standard emi (SE));md (2)
a significant (t =3.191,P =0.02424)longer-term increase
(estimatc =8.3443 ±2.6149 SE).Overall,this best-fil modcl
was significant (^2,5 =9.644,P =0.01923)and captured
71.18%(adjusted R2)of the variance in the data.Moreover,the
regression residuals were nonnally distributed (Shapiro-'Wtk test,
W =0.95608.P =0.7721)md not autocorrelatcd (Irl <0.25,
P >0.05).The fallout events documented along the survey transect
spaimed 46 days (range;13 November-28 December)with a peak
on 25 November,and most fallout (83%)was concentrated witfun
three weeks,from 17 November to 07 December (Fig.2B).Wth
nan-ower focus,two-week (19 November-2 December),and one-
week (21 November-27 November),temporal windows contained
67%and 36%of all fallout events,respectively.
Fallout survey data and random point generation
Chi-squared tests compared counts of WTSH fallout locations and
random points along the transect that fell within 8 ra of Ught poles
and utility lines and found a significant difference between the
two (X2 =-18.42,df=l,P<0.0001).Subsequent chi-squared tcsts
were used to assess the response to individual parameters,and all
three comparisons were significant:(1)Ught poles (fallout =94%,
rmdom =24%,X2 =10.83,df=l.P <0.05);(2)utiUty Imes
(fallout =83%,rmdom =34%.X2 »9.55,df=l.P-S 0.05);(3)no
light poles or utiBty Unes (fallout =1 %,tandom =40%,X2 =15.37,
df=1,P <0.0005).Overall,fallout locations occurred most often
within 8 m of Ught poles or utiUty Unes,with the opposite true of
random points.The presence of light poles and utility Unes across
the transect was slightly varied and the majority of random points
were oot within 8 m of utility lines or light poles.Wliile the cM-
squared tests used counts,percentages were used to depict these
data graphically (Fig.4).
Distance tests
Mulrivariate box plot analyses showed that fallout locations were
significantly closer to Ught poles and each other compared to
75%
50%
Light poles
Fatlout
Utility lines
^Random
Neither
Fig.4.Percentage of Wedgc-tailcd Shearwater (WTSH)faUout
locadons (dark grey,n =376)and randomly selected points (Ught
grey;n =250)along the survey transect within 8 m of (1)Ught
poles,(2)utility Luies,(3)Deither.
£10
Spatially constrained multivariate boxplots for distance
•S)Fallout
Random
Distance to light source Distance to adjacent point
Fig.5.Spatially constrained multivariate box plots showing
standardized distances between adjacent fallout locations and
Ught poles (Ltght grey,n =376),and distances between adjacent
randomized points and Ught poles (dark grey,n =250).
TABLE2
Binomial geaeralized linear model (GLM)results using the logit link function for the distances
between fallout (n =250)and randomized points (n =250)for colony,light poles,and colony +light poles
Distance (fallout
vs.random)3 Estimate Standard Error
(SE)
df (AIC"AAIC
Light +Colony
Ligbt
Colony
3.236
-4.19E-04
4.81E-05
0.351
7.30E-05
1.40E-05
498
499
499
9.207
-5.747
3.43
<0.001
<0.001
<0.001
489
663.4
685.5
o
174.4
196.5
a The response variable is a "1"(fallout)or a "O"(random).b AIC values and AAIC values show the Akaike's infonnation criterion (AIC)and the distance between the best fit model.
Marine Omithology 48:245-254 (2020)
250 Friswold et al.:Targeted management of Wedge-tailed Shearwater
random points (Fig.5).Most fallout occurred within 2400 ajid
5000 m of a colony (fallout distance to colony range:636-8619 m,
ii =3184.5 m,x =3029.3 m;Pig.6A).The GLM also showed
significant differences between the fallout locadons and random
points for distance to Ught poles (/*<0.001;Table 2;fallout distance
to light pole range:1.59 m-1728 m,x =176.8 m,x =20.3 m;
Fig.6B).bi contrast to the random points,fallout locations were
negtigible beyond 5000 m fi-om the nearest colony,with 96%of
faUout locadons withia 5000 m.The GLM also showed sigaificant
differences between the fallout and random points for distance
to colony (P <0.001).While the AIC values were comparable
for the two models with a single predictor—lightsource distance
(AIC =685.5)and colony distmce (AIC =663.4)—themodel
including both variables (colony distance +Ught pole distance)had
Ihe best fit (AIC =489;Table 2).
Hot spot analysis
A 99%confidence faUout hot spot was idendfied in the town of
Waimanalo along the northem region of the transect (Fig,3B).
Conversely,a 99%confidence Ught pole hot spot was identified
m the southem region of the hransect where Uttle fallout occurred
(Fig.3A).
Faltout @ Random
2500 5000 7500
Distance to nearest colony (m)
B Faflout @ Random
10000
fa1—l
1 2 3 4 5 6 7 8 9 10 11 1213 1415 1617
Distance to nearest light pole (km)
Fig.6.(A)Stacked histogram depicting the relative frequency of
distance from fallout locations and random points to the nearest
colony (m)(n =376 and n =250,respectively).(B)Stacked
histogram depicting the relative frequency of distance fi-om fallout
locations and random points to the nearest light poles (km)(n =376
and n =250,respectively).
Clustering analysis
Spatial muldvariate clustering analysis showed high clustering of
fallout locadons near specific tight poles.High clustering occurred
within the largest fallout hot spot in the town of WaimaQalo
(Fig.3B),with most clusters containing seven or more fallout
locadons.Fallout locations showed high membership probability,
indicadng that single fallout locations did not typically occur and
that the majority (83%)occurred in cluster groups.bi fact,27%of
all fallout was clustered among two specific light poles along the
transect (Fig.7).
Rescue center fallout data
The SLP rehabiUtarion center intake data (n =1883 records)
showed that 30%of the WTSH admitted were found in the towa
ofWaimanalo (faltout hot spot)and that the majority (78%)of the
admitted WTSH were released with "no apparent mjury."
BISCUSSION
This study examined spatial and temporal factors associated
with fallout of WTSH on the southeast shore of O'ahu,with the
intent of developmg targeted management reconunendations to
reduce fallout aad increase the probabiUty of ftedgliug survival
by identifymg when and where management actions should be
implemented.Our results are consistent with the Literature regarding
the oegative impact of artificial Ughts and coastal structures on
procellaruform birds mducing fallout on O'ahu and elsewhere,
e.g.,Reunion Islands (Le Con'e et al.2002),New Z^atand (Deppe
et al.2017),Kaua'i (Reed et al.1985,Telfer e(al.1987,Ainley
el al.1997,Podolsky et al,1998),Canaiy Islmds (Rodriguez &
Rodriguez 2009),md the Outer Hcbrides (Miles et a\.2010).
Temporal management
Targeted maaagement efforts could be used through temporat
measures to mitigate light atttraction,reduce fallout,and eohance
search efforts for the rescue of grounded seabirds (Telfer et al.1987).
Our results mdicate substantial inter-annual osciltatioas in fallout of
WTSH on O'ahu,with an overall increase across the study period,
Fallout clustering at light poles
35
ss
•g 20
o
^15
9Hl'm!rtl!ft^:'^l ii!mimBi!E'iirR^^!n'4n'il!3i^^^l!>^S^;M!i^^i8i'lt3H.l^l^rj).ia=iiH!31^]irBnn!':Ti;Hi.'HSii;
'<'f.fe'f..'^-f''^-^f^^ff^^fffififfif'#.f-«'
Light pole ID
Fig.7.Fallout couat clustering discovered within 8 m of light poles
along the bransect (n =663).The Ught pole number corresponds to
specific light pole locations along the transect.
Marinc Omithology 48:245-254 (2020)
Friswold et al.:Targeted management ofWedge-tailed Shearwater 251
and we document signtficant autocorrelation,with the total fallout
on a given yeaf being negatively related to the total fallout in the
preceduig year.This pattem may be due to osciltatioos in annual
reproductive success,as has been described in other shearwater
species (Ainley et al.2001,Rodriguez et al.2012b),warranting
further research to detennine the imderiymg causes for the two-year
cycle.Although the driver is currently unknown,this oscillating
pattem could infonn targeted management actions on an annual
scale,with light mitigation and rescue efforts increasmg during years
predicted to have high fallout (i.e.,odd years).tf faUout seems to be
low in a given year,managers and rehabilitators might safely assume
that the fottowing year may require additional stafRng and rcsources.
Identification of 25 November as the peak fallout date across the 6.5-
week survey period aUows identificadon of a narrower tirne window
for targeted management that includes Ught initigation and rescue
efforts.This enhanced management period could span three weeks
(17 November to 07 December,encompassing 83%of all fallout),
twoweeks(l9Novemberto02December,67%of all faUout),or one
week (21 November to 27 November,36%of all faUout).
Spatial management
We recogmze that Uve grounded birds could have moved from their
original fattout location,and that fatlout may not have occurrcd
as a direct result of the offeading Ught fixture;however,the
significant clustering and spatial pattems offer a distmct management
opportunity.Although the mechamsms driving fallout warrant further
research,the documented spatiat and temporal pattems have clear
naanagement implications.WTSH faUout occiiTred near tight poles
and utility lines at a much higher rate compared to random potnts,
with the majority of the fallout locations occumiig within 8 m of a
light pole (94%)or a utUity line (83%).Conversely,very few fallout
locations occurred where light poles or utility Unes werc absent (1%)
compared to random points (40%).By using a conservative distance
of 8 m around a light pole,we can determine a reladvely high light
intensity visible to seabirds (90%-100%of original).This small
buffer also ensures visibiUty by seabirds regardless of differences
Fig.8.Map of southeast O'ahu (survey area)showing the
recommended area for targeted management,depicted by a 5-km
buffer around Wedge-tailed Shearwater nesting colonies in the
study area (dashed liae).The two x's indicate the location oflight
poles CtD 320 and 321)where a disproportionately high proportion
of fallout occun-ed (see Fig.7).
in light mtensity that are dependent on positioning and light fixture
structure.An interaction between light poles and utility tines is
possible,but due to limitations in the data set,we were unable to test
for independence.We can,however,see a variation in the detection
of light poles and utiUty lines among fallout locadons and random
points.Random points occurred at a high rate near no light poles or
utility lines,indicating that fallout that occurs on the roadway is not
automaticatty within 8 m of light poles or utility Unes;in fact,the
opposite was true.Moreover,two adjacent light poles (representing
0.3%of all tight poles m the study area)were associated with
disproportionately high fallout (27%),identifying the highest priority
sites for targeted spatial management.
On O ahu,light poles and udlity Unes within 5 km of a colony
present an increased fallout risk for HedgUngs and should be
given increased priority for targeted management (Fig.8).Fallout
locations were negligible at a distance >5 km from a colony,with
-95%of fallout occumng within 2.4-5.0 km (x =3.4 km).This
provides a good indication of the distance around a colony that
targeted management through Ught pole and utility Une mitigation
and rescue campaigns would be most beneficial.Certain Ught pole
hot spots along the survey bransect located outside of the 5 km
colony buffer were associated with very few instances of fallout.
Additionally,the majority of light poles ia the southem (low fallout)
portion of the transect were >5 km firom a colony,whereas in the
northem (high fatlout)portioa,the majority of light poles occiured
within 5 km of a colony (Fig.IA,B).While our analysis assumed
that fallout mvolved fledgtings from the nearest colony,we were not
able to detennine the source colonies of grouaded WTSH.These
results are,however,similar to a previous study from the Balearic
Islands,where shearwaters and petrels were rescued at a mean
distance of 4.8 km from the aearest colony,with outliers occurring
as far away as 20 km (Rodriguez et al.2015a).
Fallout hot spots are an important consideratioo when detemuning
light management regimes-If light mitigation efforts are focused in
the hot spot regions identified in Uus study,70%of all fallout in the
study area CWaimanalo,60%;Makapu'u,10%)could be reduced
by management actions along a smaU section of the road (~1.7 km
linear distance).Because OUT transect was selected to include the
highest density of suspected faUout along a public roadway,and
also because of its proximity to aesting colonies,management in
this study area could reduce a substantial percentage of the total
fallout on the island ofO'ahu.
The most productive WTSH colony on O'ahu,Mmma (-30000 np),
is near the region's greatest fallout hot spot,suggesting that colony
size may also influence fallout rates.The distaDce betweea Ughts and
breeding colonies wiU likely vary across species depending OD their
nesting habitat.In Hawai'i,WTSH colonies occur near coastlines,
placing fledgUngs near ardficial light sources associated with coastal
development.Because higher intensity lights may increase the
distance from a coloay where faUout is likely to occur,we caution
that the distance of impact is likely to vary based on light mteosity
and species (Rodriguez et al.2015b).WTSH are a close relative
of the Manx Shearwater Puffinus puffinus.Manx Shearwater have
noctumally adapted eyes (Martin &Brooke 1991)that are capable of
ampUfymg light sources,making even low-intensity light a potential
threat.WTSH have also exhibited a stronger response to ultraviolet
and long-wavelength light compared to some other proceUariiform
species based on their retinal response to flashing LED lights,with
adults showing slightly less sensilivity thanjuvemles (Moon 2020).
Marine Omithology 48:245-254 (2020)
252 Friswold et al.:Targeted maDagement of Wedge-tailed Shearwater
Next steps
Some of the most pressing actions to mitigate light-induced
mortatity ofWTSHoa O'ahu involve estimating the effects offallout
on populatfons,detemuning safe distances from light sources and
colonies,improving targeted rescue campaigns to recover grounded
birds,and documenting the fate of rescued birds (Rodriguez et al.
20l7c).Some areas in Hawai'i have already adopted targeted Light
mirigation strategies (e.g.,on Kaua'i,tuniing off stadium Ughts in
autumn).The outcomes of this study could be used to implement a
strategic plaa for reducmg fallout aod increasing fledgUng survival
ofWTSH on O'ahu and may apply to other regions experiencing
high faUout and fallout-induced mortaUty due to light pollution.A
strategic plan that emphasizes rescue campaigns,coastal stmcture
mitigation in the fallout hot spots,and colony buffers,particularly
durijig the high-risk periods identified m this study,could mimmize
fallout and maximize fatlout recovery with niiiumal resource use.
Light poles in the targeted management areas can be etiminated,
altered,or managed (pennanently or temporarily),and various
options exist for threat reduction if certain alterations or
extmguishment is not possible due to human safety,lack of funding,
resources,or ability (although targeted management may mitigate
these issues).Some studies suggest that a modLfication of Ught color
mayreduceattracdonmseabiTdsCR-odriguez^a^.2017c).Artificial
lights may also be modijRed with shields or oriented downwards
or towards the object of focus to avoid skyward Ught spill,an
approach that has been shown to deter Ught spread and reduce
seabird attraction;however,this may not deter Ught attraction from
birds at sea (Reed et al.1985).Lights can also be placed on timers
or modon seasors.Utility Unes in targeted management areas can
be modified by mcreasing their visibility or rewired underground
(Coopcr &Day 1998,SUva et al.2013).
"Lights out"imriarives for seabirds and sea turtles have proven
successful in various regions.In highly industrialized and populated
areas llke O'ahu,"Ughts out"programs,where all Ughts are
extinguished across a broad area during the fledging seasoa,have
had linuted adoprion due to concems about human safety,mobiUzmg
citizens to action,recreation,lack of polidcat wiU,and Limited
funding.Targeted management actions in smaller areas and dme
scales can increase the Ukelihood of adopdon by reducing these
coacems.Beginning with accessible targeted maiiagement programs
can increase the Ukelihood of eventual large-scale adoprion.
Rescue campaigns hold the ability to mimmize mortality risk for
thousands of seabirds a year (Rodriguez et al.2017b,Le Corre
et al.2002),aad WTSH populations may benefit from a targeted
management approach that focuses on the high-risk areas (i.e.,
fatlout hot spots and 5-km buffer)and periods (17 November to
07 December)identified.WTSH are predominately admitted for
rehabilitation with no injury acd have a high Ukelihood ofrelease;
therefore,rescue campaigns that recover grouoded seabirds before
mortatity events occur can increase survival.Conducting surveys
in the evening and moming could also iacrease the detection of
downed birds (Rodriguez et al.2014,and observed during this
study).Knowledge of high-risk time periods and regions may
prepare rehabilitation centers for high-intake events aiid du'ect
local awareness campaigns,media,and educadon.
The effects ofartificial Ught pollution and coastal structures hold
multiple tangible solutions with the potential for rapid reversal and
adoption.Targeted management can reduce stress on populations
experiencing human-caused mortality by artificial light and
coastal structures (Troy et al.2011,Rodriguez et al.20I7c).
Mitigating these stressors is a proactive approach to lessening
human-wildlife conflict and pressure on seabird populations and
encourages the growth of a native seabird population in Hawai'i.
Anthropogenic effects such as fisheries conflict,plastic ingestion,
cUmate change,and depleting fish stocks are large-scale and
inherently difficult to manage.Conversely,mitigating the irapacts
of light pollution using targeted management to identify areas and
times of greatest threat is a tractable approach to diminish seabird
mortality and to raise public awareaess for the plight of seabirds
in urbanized landscapes.
ACKNOWLEDGMENTS
We would like to acknowledge and thank all individuals and
organizations who contributed to this research.We thank Tiana
Bolosaa,Eryn Opie,Afsheen Siddiqi,Devon Fraocke,Jeff
Pawlowski,Pacific Rim Conservation,and the Hawai'i Division
of Forestry and Wildlife,as well as the Department of Land and
Natural Resources for providing data.We thank the University of
Hawai'i at Manoa \\rildlife Ecology Lab,Javier Cotui,Lindsay
Young,Johannes Fischer,and the Maui Nui Seabird Recovery
Project for providing acadeimc support and insight.We would Uke
to thank Eric VanderWerf,Lauren Goodmiller,Nonna Creps,and
the United States Fish and Wildlife Service for assistance with road
surveys.We thank the Society for Conservation Biology Oceania
Chapter for funding assistance,and Airam Rodriguez and Tay
Penmman for their thoughtful reviews,which contributed to the
improvement of the manuscript.
All actions were undertakea under IACUC approval and
corresponding State of Hawai'i pennits.Carcasses and Uve birds
discovered on road surveys were coUected accordmg to the State
of Hawai'i and US Fish and Wildlife Service pennit requirements.
Disposition outcomes of WTSH were collected by SLP staff.
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Marine Ormthology 48:245-254 (2020)
Kristen Romuar-Cabico
From:
Sent:
To:
Subject;
Linda <olas@hawaiiantel.net>
Saturday,September 11,2021 10:12 AM
Planning Department
Selling off Kaua'i
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
My name is Linda Shigeta.Nihoku (Crater Hill)is important to my family and 1 because this is the area of our
families home generations before.You are making it into a place for the rich ¬ thinking of the Kaua'i
people &our aina.1 am concerned that the proposed house would impact seabirds who call the area home.1
also feel that it would forever ruin the experience of this vital place for future generations of KTlauea and
Kaua'i young people.The house is much too large and located far too high up the mountain,in a sensitive area
that should not be built upon at all.1 am asking the planning commission to please deny permits to build the
proposed house.Thank you so much for all you do for our island of Kaua'i.Please stop &think you are slowly
making it into Oahu.Do not take the
Beauty of our island into a playground for the rich.Save it for our keiki please.
With much aloha &respect for Kaua'i,Linda Shigeta
Sent from my iphone
a.\AO.l^'4?^
^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Mike Coots <mikecoots@hotmail.com>
Sunday,September 12,2021 12:06 PM
Planning Department
Oppose Special Use Permit for Crater Hill
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even jfthe sender is known
to you unless it is something you were expecting.
Aloha Planning Commission ChairApisa,Vice-Chair Cox,and Honorable
Kaua'i Planning Commissioners:
My name is Mike Coots.1 was born on Kauai,and have lived in Kilauea for
most of my life.Nihoku (Crater Hill)is important to me beacuse of its
significance as a bird sanctuary.1 also do my excercise/run there daily).1 am
concerned that the proposed house would impact seabirds who call the area
home.1 also feel that it would forever ruin the experience of this vital place
for future generations of KTIauea and Kaua'i young people.The house is
much too large and located far too high up the mountain,in a sensitive area
that should not be built upon at all.1 am asking the planning commission to
please deny permits to build the proposed house.
Thank you so much for all you do for our island of Kaua'i.With much aloha,
Mike
105
^^.a.W.
sy <'w2'®
Kristen Romuar-Cabico
From:
Sent:
To:
Subj'ect:
Attachments:
Lorraine Mull <lorrainemull808@gmail.com>
Wednesday,September 8,2021 7:39 PM
Planning Department
Bill 2822
September letterto Planning Commission.docx
CAUTION:Thisemail originated from outsidethe CountyofKauai.Do notclick linksoropen attachments even ifthe
sender is known to you unless it is something you were expecting.
Testimony for September 14th Planning Commission meeting.
Mahalo and aloha,
Lorraine Mull
^A.4^
^\4 ^\
Lorraine S.Mull
5080 Napo'okala Circle
Princeville,HI 96722
LorralneinullSOS i-Z.gniail.LDm
(808)651-1782
September 8,2021
Kaua'i Planning Commission
c/o Kaua'i Planning Department
4444 Rice Street,Suite A473
Lihue,Hl 96766
planningdepartment @ kauai.gov
Aloha Commissioners,
1 am writing you again to voice my strong support for Bill 2822 which is calendared on
the Planning Commission Agenda for September 14,2021.
As 1 stated in my previous letter,Bill 2822 is an important piece of legislation in
managing the growth of tourism on Kaua'i.The Visions and Goals of the General Plan
state that Kaua'i is a unique and beautiful place and the protection and preservation of
Kaua'i's natural beauty is of paramount importance for residents and visitors alike.
Ensuring that our majestic open space and scenic view corridors will be protected and
preserved is one of the most important roles of the Planning Commission.
The issues attendant to "over-tourism"directly affect our quality of life as residents and
the visitor experience of our guests.This has been especially burdensome on the North
Shore as we struggle through yet another year of landslides,convoys,and road
closures.Our community is burdened with the added strain to our infrastructure,roads,
water,drainage,sewer,traffic,noise,and congestion that comes with more resort
development.Princeville I,the first master planned community in the State of Hawaii,is
in the VDA,but it is fully developed as per that master plan (the most important aspect
of which was the preservation of Open Space).
The recent proposal by Starwood Capital to expand the new 1 Hotel in Princeville with
50 single and multi-family luxury "tents"onto Open zoned land in PV 1 falls directly
within the purview of the proposed bill.We are passionate about our community and
the preservation of our Open space;hence this bill is especially important for the North
Shore as well as the entire county.A very dangerous precedent will be set if Starwood
is allowed to expand their hotel beyond the parameters of their Resort designated land
onto Open zoned land.
In its previous evaluation of the proposed legislation,the Planning Department stated
that Developed Campgrounds are "no longer appropriate"in the Open and Ag zoning
districts and finds that the proposal is both reasonable and appropriate.While finding
that the bill is in alignment with the goals and policies of the General Plan and will
promote the general welfare by managing growth and preserving rural areas,the
Director recommended Tentative Approval and Deferral of the bill.
Bill 2822 is again before the Commission and the importance of this bill to the North
Shore and the County overall cannot be over-stated.There are no new resorts
contemplated on the North Shore under the present General Plan.The commercial
developed campgrounds at issue present an attempt to "end run"the spirit and intent of
both the General Plan and the Zoning ordinances presently in place.
Saturation of the Open Space in Visitor Designated Areas with this type of resort
expansion is abhorrent to our citizenry and the need to protect and preserve this
incredibly special place is of paramount importance.
Mahalo for your consideration and for the time you give to the people of Kaua'i.
With aloha,
Lc'rrrcUvie/M uU/
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Dorothy Perry <pilikoadottie@gmail.com>
Wednesday,September 8,2021 5:22 AM
Council Testimony;Planning Department
RE:Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
RE:BILL2822
Aloha Council Members and Planning Commissioners,
We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
We strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should
only be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources
and infrastructure cannot handle more tourist accommodations.Our beautiful home will be lost to all of us ifthis march
toward unregutated development is allowed to continue.
We respectfully request that you vote to pass Bill 2822 as quickly as possible.
With Aloha,
Dorothy and Dick Perry
PO box 1639 Hanalei Hl,96714
B3°Virus-free.www.avast.com
35
y^.4^
SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Ingrid Kelly <kingrid946@gmail.com>
Wednesday,September 8,2021 7:22 AM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
RE:BILL 2822<BRxBR>Aloha Council Members and Planning Commissioners,<BRxBR>l/we are writing in support of Bill
2822 which is back on the Planning Commission Agenda for September 14,2021.<BRxBR>l/we strongly believe that
commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land
zoned for commercial or resort use.<BR><BR>Open Space is the most valuable asset of our beautiful island.Protecting
Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations..
<BRxBR>l/we respectfully request that you vote to pass Bill 2822 as quickly as possible.<BR><BR>ALOHA
<BR><BR>lngrid Kelly<BR>5250 Ka Haku Road <BR>213 <BR>Princeville,Hl 96722<BR>
Sent from my iPhone
31
^^^
SEP 1 4 202f
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Joel Mellema <mellema.joel@gmail.com>
Wednesday,September 8,2021 8:34 AM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Council Members and Planning Commissioners,
In 1985 we became whole unit owners of Unit #7301,the Cliffs at Princeville.At that time there was a lot more open
space in Princeville.In fact,the entire area bordered by Ka Haku Road and Pepelani Loop was completely
undeveloped.It was a site for numerous breeding albatrosses.Now that entire area is fully developed,and the same is
true for many other previously undeveloped locations in Princeville.We hope that the remaining open space in
Princeville can be protected and enjoyed by future generations.
We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.We
strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only
be allowed on land zoned for commercial or resort use.Open Space is the most valuable asset of our beautiful island.
Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist
accommodations.
We respectfully request that you vote to pass Bill 2822 as qulckly as possible.
With Aloha,
Mary and Joel Mellema
The Cliffs at Princeville,Unit 7301
1110 Daveric Drive
Pasadena,CA 91107
26
f:^.^.46^
7(SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Sandra <swkilauea@gmail.com>
Wednesday,September 8,2021 10:40 AM
Planning Department
SMA 2022-1 (Seacliff/Green)
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
Aloha kakou,
Carl and Sandra Wright wish to concur with the request for permit ofthis acreage and the buildings that Phil and Linda
Green are proposing for their retirement home.The Green's are well-known within the Kilauea community and Kaua'i at
large,actively involved in the Kilauea church and participating fully in community and county activities and positively
influencing change for county and community issues.
The challenge to their site plan appears to arise from concerned Hawaiians who do not want building on the hillside to
interrupt their view nor their access.It is our understanding that through much dialogue,as well as much angst,the
Greens have agreed to relocate their home lower on the property and to reduce pitch on the roofline to accommodate
the concerns.This seems a more than generous exhibition oftrue Aloha,and comes with considerable architectural cost
and personal disappointment.
We are available for Committee questions,or further discussion,and trust the Commission to respond judiciously.
Carl &Sandra Wright
4300 N.Waiakalua St.
Kilauea,Hl 96754
808-828-1602
19
p:^.^.^
SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Kent Oehm <kentoehm@gmail.com>
Wednesday,SeptemberS,2021 11:02 AM
Council Testimony;Planning Department
Please Pass Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Aloha Council Members and Planning Commissioners,
We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.We
strongly believe that commercially developed campgrounds should NOT be allowed on Open-zoned land and should only
be allowed on land zoned for resort use.Open Space is one of the most valuable assets of our beautiful island.
Protecting Kaua i is now up to you.Our precious resources and infrastructure cannot handle more tourist
accommodations.Former Planners and Councils have allowed Developers to run wild with new tourist related condos
and housing.The County has neglected the infrastructure for years in not accomOdating the residents and tourists that
they have allowed.For example,tourists almost have to rent a car—whyare there no direct buses running from North
Shore and Poipu to the airport,and then for the buses to not allow luggage??In trying to find a shuttle from the airport
to Princeville for our grandson,we can only find a $100 taxi.The few existing shuttles canceled his reservation at the
last minute.
We respectfully request that you vote to pass Bill 2822 as quickly as possible and then begin to limit developments
directed to more tourists.Do not allow Coco Palms to be rebuilt in that highly congested area.
WithAloha,
Kent and Jane Oehm,4100 Queen Emmas Dr.,Princeville
18
^^.«.^
SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Paialii,Shelly <Shelly.Paialii@bakertilly.com>
Wednesday,September 8,2021 12:30 PM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Council Members and Planning Commissioners,
We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for
September 14,2021.We were surprised and dismayed that this Bill was not passed at the last planning
meeting and honestly do not understand why it's passage is such an issue.
We strongly believe that commercial developed campgrounds should NOT be allowed on Open-
zoned land and should only be allowed on land zoned for commercial or resort use.We purposely
purchased our home in Princeville for its beautiful and serene setting after considering many
locations in Hawaii to purchase our retirement home.In fact,this was not an easy decision and
one that took many years to find just the right spot having lived for many years in Laie,Oahu.The
open space and beauty of the open areas and golf courses and the quiet in Princeville was most
importantto us.
Now our beautiful community is in jeopardy by a new conglomerate who has come in only to
develop the property for maximum profit and then sell it!They have no plans to hold the
property on a long term basis and have said as much at the monthly community meetings.They
are only looking to make it more valuable by making as many rental locations as possibly on every
inch of land available to them in hopes of raising the sales price for them when completed.They
have failed to maintain the beauty of the Woods course because it doesn't meet their profit goals
currently.We feel this is not in the Aloha spirit of maintaining the beauty of our island.They have
no interest in keeping it as we all love it.Since they will not be here once it is completed,they are
not concerned with the long term effects.Quite frankly,we do not see this as an enhancement to
the Princeville area with the large amounts of rain and weather we get on a year round basis,we
don't see this as a desirable enhancement and feel it will eventually be closed as not
profitable.By then,the beauty of the open space will have been ruined and to what end?
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.
Our precious resources and infrastructure cannot handle more tourist accommodations.The
Princeville area was not originally built to handle these additional sites when the infrastructure
was designed.This is completely unfair to the many permanent residents who have paid for
infrastructure designed to handle our homes as is.
13
'R^AU't/l
SEP1 4 202!
We respectfully request that you vote to pass Bill 2822 as quickly as possible and stop the
ruination of our community before it is too late by those who do not care.
With Aloha,
Shelly and Goddard Paialii
4141 Lei O Papa Rd,Unit 47,Princeville,Hl
BakerTilly US Confidentiality Notice:This message is being sent by BakerTilly US.It is intended exclusively for the
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14
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
David Wilmot <dw@princeizant.com>
Wednesday,September 8,2021 12:44 PM
Planning Department
REF..SMA 2022-1
CAUTION;This email originated from outside the CountyofKauai.Do not click links oropen attachments even ifthe
sender 15 known to you unless it is somethjng you were expecting.
DearPlanning Dept,
1 write to ask that you approve the above proposal from Phil and Linda Green.With the prospect of them being our
neighbors,they will too care for the community we call SeaCliff and Kilauea.
The Greens have been sympathetic to the challenges as it relates to their property and the bird sanctuary.1 know Phil
has made adjustments to his build to respect the land he has and be mindful of the birds.
Knowing them as 1 do,planting vegetation and trees will create more habitat for them.The community couldn't ask for a
better neighbor.
1 respectfully ask you to approve their build.
A good neighbor in Seacliff.
Mahalo
Sent from my iPad
This e-mail and any attachments,aswell asanydocumentsfrom a fileserverofThe Prince &IzantCompany,NUTEC,Pl
Medical or Brazing Preforms,are intended for the addressee and may contain information that is privileged,
confidential,proprietary,or otherwise protected by law.Any dissemination,distribution,or copying is prohibited.If a
confidentiality or nondisclosure agreement exists between Prince &Izant Company and the recipient or the recipient's
employer,or this e-mail and any attachments hereto as well as any documents from a file server of Prince &Izant
Company or its affiliates is provided,then this notice serves as marking as CONFIDENTIAL information of Prince &Izant
Companyor its affiliates.Ifyou have receivedthis communication in error,please contact the original sender.
All quotations and sales orders are subject to the terms and conditions found
here<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fprinceizant.com%2fuploads%2fTerms%20Final_2019.pdf&c
=E,l,J_qYfZFHh_BUDv872JLcAuXLS8jgxvp020o-
groM7qEORb7AZym5ZpKW4168BMA2HVLOtAMXLWQGXlP7AcfY3tK8Zff3Z8uCbJf_mXufKsLvOWetPQQtKIEFUeQ,&typo=l
>.
12
^ft.^.^
^\4 202^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
patty dryden <pjdryden52@yahoo.com>
Wednesday,September 8,2021 2:40 PM
Council Testimony;Planning Department
1/we are writing in support of Bill 2822
CAUTION:This emall originated from outsidethe County ofKauai.Do not click links oropen attachments even ifthe senderis known
to you unless it is something you were expecting.
Please send a modification of th-is emai'1 template to:
County Council <counci1testimony@kaua1.gov>
Planmng Comm-ission <p1anmngdepartment@kaua1.gov>
Please modify the email template by changing out my name and emai1 address
wi'th your own.Everything else stays the same.Please do it this week.The
meeting happens on 9/14.Call me with any questions
RE:BILL 2822
Aloha Council Members and Planmng Commissioners,
I/we are wn'ting -in support of Bill 2822 which is back on the Planmng
Commission Agenda for September 14,2021.
I/we strongly believe that commercial developed campgrounds should NOT be
allowed on Open-zoned land and should only be allowed on land zoned for
commercial or resort use.
Open space 1s the most valuable asset of our beautiful island.Protecting
Kaua'1 is now up to you.Our predous resources and Infrastructure cannot
handle more tounst accommodati'ons.
I/we respectfully request that you vote to pass Bi'11 2822 as quickly as
possible.
Wi'th Aloha,
Patncia Dryden 4141 Lei O Papa Road,#16,Pnnceville,HI 96722
^.%^.<5°
SE"P U 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
pattydryden <pjdryden52@yahoo.com>
Wednesday,SeptemberS,2021 2:45 PM
Council Testimony;Planning Department
RE:BILL2822
CAUTION:This email originated from outside the CountyofKauai.Do not click links oropen attachments even ifthe sender is known
to you unless it is something you were expecting.
County Councll <councntesfimony@kaua1.gov>
Planmng Commission <p1anmngdepartment@kaua1.gov>
RE:BILL 2822
Aloha Counci'1 Members and Planm'ng Commissioners,
I/we are writing in support of Bill 2822 wh-ich 1s back on the Planmng
Commission Agenda for September 14,2021.
I/we strongly believe that commerci'al developed campgrounds should NOT be
allowed on Open-zoned land and should only be allowed on land zoned for
commerdal or resort use.
Open Space is the most valuable asset of our beautiful -island.Protecting
Kaua'i 1s now up to you.Our preci'ous resources and infrastructure cannot
handle more tourist accommodations.
I/we respectfully request that you vote to pass Bill 2822 as quickly as
posslble.
with Aloha,
Patrici'a Dryden 4141 Lei O Papa Road,#16,Pnncevllle,HI 96722
pjdryden52@yahoo.com
l.^.^1
«
^f^
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
Jessica Gormley <jadelily@me.com>
Thursday,September 9,2021 8:28 AM
Planning Department
ikamaile@gmail.com
Nihoku
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha'
1 am a member of the Kilauea community and 1 am concerned about Nikoku.Please protect Crater Hill and require the
proposed building to be smaller,further down the mountain and limit excavation into the hillside.This is a place of
ecological,cultural and community significance.The seabirds are depending on you!
Thank you for your consideration in this matter,
Jessica Gormley
f.^.^.^
SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
mparry@zianet.com
Thursday,September 9,2021 3:00 PM
Council Testimony
Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
RE:BILL2822
Aloha Council Members and PlanningCommissioners,
We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
We strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should
only be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources
and infrastructure cannot handle more tourist accommodations.
We respectfully request that you vote to pass Bill 2822 as quickly as possible.
Mahalo,
Mike and Sue Parry
4141 Lei O Papa Rd,#11
Princeville,Hl 96722
^^.^.^%
SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To;
Cc:
Subject:
Paula Holland <pbholland2017@gmail.com>
Thursday,September 9,2021 4:46 PM
Planning Department
Council Testimony
Please save Kauai's Open Space -Pass Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
RE:BILL2822
Aloha Council Members and Planning Commissioners,
1 am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
I strongly believe that commercially developed campgrounds should NOT be allowed on Open-zoned land and should
only be allowed on land zoned for commercial or resort use.
Open Space is a valuable asset of our beautiful island.It allows the aina and its people to renew and regenerate.
Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist
accommodations.
1 respectfully request that you vote to pass Bill 2822 as quickly as possible.
WithAloha,
Paula Holland
3780Edward Rd #5201
Princeville
Sent from my iPhone
222
^^.^.^»T
ISEP14 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Tommy Thompson <tommyt2@icloud.com>
Friday,September 10,2021 10:51 AM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
RE:BILL 2822<BRxBR>Aloha Council Members and Planning Commissioners,<BRxBR>l/we are writing in support of Bill
2822 which is back on the Planning Commission Agenda for September 14,2021.<BRxBR>l/we strongly believe that
commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land
zoned for commercial or resort use.<BR><BR>Open Space is the most valuable asset of our beautiful island.Protecting
Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations.
<BRxBR>l/we respectfully request that you vote to pass Bill 2822 as quickly as possible.<BR><BR>We don't want a
trailer park in our community <BRxBR>With Aloha,<BRxBR>Tommy Thompson 3880 Wyllie Road APT 5C Princeville
Hl 96722-5517 (808)826-5584 <BR>
T'ommyThompson
3880 Wyllie Road
APT5C
Princeville Hl 96722-5517
(808)826-5584
209
^:^.^.^
StP \^2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Cheryl Haines <cherhaines@gmail.com>
Friday,September 10,2021 1:05 PM
Council Testimony;Planning Department
Please vote to pass Bill 2822 on Tuesday
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Council Members and Planning Commissioners,
I am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
1 strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only
be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.The crowds we've been experiencing this summer
illustrate that we need more places for residents and visitors to be able to enjoy the beauty of our island,not fewer.We
cannot afford to have our designated open spaces developed.
1/we respectfully request that you vote to pass Bill 2822 as quickly as possible.
With Aloha,
Cheryl Haines
5086 Napookala Cir.
Princeville,Hl
^^.^.<s^.
206 SEP 1 4 2021 <&
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Forrest John V <jackforrest13@gmail.com>
Friday,September 10,2021 2:12 PM
Planning Department
Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
To the Kauai Planning Commission:
The owners of the Makai golf course in Princeville have told the community that their only mandate of significance is to
increase profitability for shareholders.Eliminating precious open space in our carefully planned community is not of
importance to them.Kauai can be given to developers to be the next Miami Beach or preserved with irreplaceable open
spaces for future generations.This is not a question of desperately needed jobs or affordable housing for our citizens
but one of money for a few non-Kauains versus destroying the open spaces which make our community beautiful and a
joy to all of us in Princeville and on Kauai.
Pleasevotefor8ill2822.
Mahalo,
John Forrest
4100Queen Emma's Dr
Princeville
JACK FORREST
iackforrest13@amail.com
f:-^.^^.
SEP 1 4 2021
203
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
joyb35@aol.com
Friday,September 10,2021 2:19 PM
Planning Departnnent
Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
To the Kauai Planning Commission:
The owners of the Makai golf course in Princeville have told the community that their only mandate of significance is to increase
profitability for shareholders.Eliminating precious open space in our carefully planned community is not of importance to them.Kauai
can be given to developers to be the next Miami Beach or presen/ed with irreplaceable open spaces for future generations.This is not a
question of desperately needed Jobs or affordable houslng for our cltizens but one of money for a few non-Kauains versus destroying
the open spaces which make our community beautiful and a Joy to all of us in Princeville and on Kauai.
Please vote for Bill 2822.
Mahalo,
Joy Brahmst
4100 Queen Emma's DrApt.36
Princeville,Hl 96722
jp^^ff^
SEP 1 4 m'i ^
202
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
Lorraine Mull <lorrainemull808@gmail.com>
Friday,September 10,2021 2:32 PM
John V Forrest
Planning Department
Re:Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
You are so eloquent!!!Thank you so much!Would you considertestifying publicly on Tuesday moming at 8:30 aloha
time.You have a commanding voice and are soooo well spoken!LMK because you need to register 24 hours in
advance.I'm going to try and send a list of people to testify so as to make it easier....
Hugs,
L
On Sep 10,2021,at 2:11 PM,Forrest John V <iackforrestl3@email.com>wrote:
To the Kauai Planning Commission:
The owners of the Makai golf course in Princeville have told the community that their only mandate of
significance is to increase profitability for shareholders.Eliminating precious open space in our carefully
planned community is not of importance to them.Kauai can be given to developers to be the next
Miami Beach or preserved with irreplaceable open spaces for future generations.This is not a question
of desperately needed jobs or affordable housing for our citizens but one of money for a few non-
Kauains versus destroying the open spaces which make our community beautiful and a joy to all of us in
Princeville and on Kauai.
Please vote for Bill 2822.
Mahalo,
John Forrest
4100 Queen Emma's Dr
Princeville
JACK FORREST
iackforrestl 3 @amail.com
201
y;.^.^.^t.
^P f 4 202?
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Kathie Gmail <drkathieh@gmail.com>
Saturday,September 11,2021 7:35 AM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
RE:BILL2822
Aloha Council Members and Planning Commissioners,
1/we are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
1/we strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should
only be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources
and infrastructure cannot handle more tourist accommodations.
1/we respectfully request that you vote to pass Bill 2822 as quickly as possible.
With Aloha,Kathleen Hafner,5144 Napo'okala,Princeville
Sent from my iPad
197
^:^.^.6o
SEP 1 4 2U21.
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
Larry Day <lmday69@gmail.com>
Saturday,September 11,2021 7:55 AM
Planning Department
Anne Day
Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
As homeowners on Kauai and in Princeville since 1987,we support the planning commissions Bill 2822 to prohibit
commercial developed campgrounds on open space as is being "planned"by Starwood on the woods golf course open
space in Princeville.The only justifiable reason for this plan is corporate greed.Princeville and the northshore do not
need 50 more cars per day on our roads or an insane plan to put camping structures on open space.
Larryand Anne Day
Larry M Day
858 675 3602
See our Kauai Heart Home Rental Video "Hylulani"
196
^z^^\
SEP 1 4 23^1
I.,
®
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Douglas Ludolph <d-cludolph@att.net>
Saturday,September 11,2021 10:55 AM
Planning Department
Open Space
CAUTION:This email originated from outside the County of Kauai,Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
To:Princeville Planning Commission,
As Princeville home owners we support Bill 2822,which prohibits "commercial developed campgrounds on Open
Space.
Please consider this Bill and pass it to keep our open land free.
Mahalo,
Doug and Cheryl Ludolph
186
^.^.^w
S£P ?^^^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
lisa insalata <lminsalata@gmail.com>
Saturday,September 11,2021 11:51 AM
Planning Department
SAVE OPEN SPACE
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Please prohibit commercially developed campgrounds and support Bill
2822!
Glamping in Princeville would be a disaster environmentally,not to
mention a traffic nightmare.How much $does Starwood need to make in
one lifetime anyway???
Thank you!
Lisa Insalata
I.isa Insalata Wuddinii'i "Eat Drink ancl Be Marricd'
Cell-415.755.8302
P.0.Box 839 Hanalei.Hl.96714
Kauai-weddingpianner.com,
st
181
^.^.
^-(^*
SEP \4 2021 (^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Gary Mahon <garymahon62@gmail.com>
Saturday,September 11,2021 11:56 AM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless It is something you were expecting.
RE:BILL2822
Aloha Council Membersand PlanningCommissioners,
1 am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only
be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources
and infrastructure cannot handle more tourist accommodations.
/respectfully reguest that you vote to pass Bill 2822 as ouickly as possible.
With Aloha,
Gary Mahon
180
"^.^.^4?
SEP \4 2021i
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Catherine Steinmann <catherine.steinmann@me.com>
Saturday,September 11,2021 11:59 AM
Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is somethhg you were expecting.
Aloha Council Members and Planning Commissioners,
I am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
1 strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only
be allowed on land zoned for commercial or resort use.The noise level would be intolerable for the surrounding homes
let alone the amount of trash that would attract rats,vermin and wild pigs.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources
and infrastructure cannot handle more tourist accommodations.
1 respectfully request that you vote to pass Bill 2822 as quickly as possible.
With Aloha,
Catherine Steinmann
2291 Kahili Quarry Rd,Kilauea.
Catherine Steinmann
https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.catherinesteinmann.com&c=E,l,yTOhOrKtUqJhydObsnGTE
116xB3hdCsOkhORZHWUONHf7iPLmvPeRIE3cU_p_P5GqL4X_rTIVgHoTLRJM4V09YP6B9i_AUSWdEZSh76ghxqzden6vjHp
k5-&typo=l
"There is no such a thing as taking too much time,because your soul is in that picture"Ruth Bernhard
179
^^.^.(^5
SEP 14 2021 fe)
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Debbie Goodwin <kauaihonoiki@icloud.com>
Saturday,September 11,2021 12:02 PM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
RE:BILL2822
Aloha Council Members and Planning Commissioners.1/we are writing in support of Bill 2822 which is back on the
Planning Commission Agenda for September 14,2021.1/we strongly believe that commercial developed campgrounds
should NOT be allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources
and infrastructure cannot handle more tourist accommodations.1/we respectfully request that you vote to pass Bill
2822 as quickly as possible.
With Aloha,
Debbie Goodwin
DannySlater
3928 Mokoi st
LihueHi 96766
Sentfrom my iphone
177
^.(<^
SEP 1 4 2021
Kristen Romuar-Cabico
From;
Sent:
To:
Subject:
Fran.Andy <frandyhome@gmail.com>
Saturday,September 11,2021 12:07 PM
Council Testimony;Planning Department
In support of Bill 2822's passage
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
Aloha Council Members and Planning Commissioners,
We are writing in support of Bill 2822 which the Planning Commission will be reviewing for the
second time on September 14,2021.
We strongly believe that commercial developed campgrounds should NOT be allowed on Open-
zoned land and for that matter,should be tightly controlled going forward no matter what zoning
area might be selected for their development.
As so many are now asking across the state,when is enough tourist development enough?That
question is no longer hypothetical,but is now a real concern to the future quality of life and very
existence ofa livable Kaua'i.
Continued over-development oftourism is making this beautiful islandjust one more place on the
list of ravaged destinations found around the world.It is not "Disneyland",where visitors pay their
entrance fee,and expect the "night shift"to clean up after them,ready for the next day's
visitors.Kaua'i is the home to people who either by birth or by choice,have chosen Kaua'i for its
special and unique environment,culture and Aloha.Ifwe continue to fall for the developer's sales
pitch of "everything will be better for you after we build OUR development,we are simply not
willing to acknowledge our history or the lessons we learn each and every day as we traverse this
small,stressed and overly compressed island community.
After its people,Open space is the most valuable asset of our beautiful island.Protecting Kaua'i is
now up to you,our county leadership.Our precious resources and infrastructure cannot handle
more tourist accommodations.
We humbly ask that you vote to pass Bill 2822 so that we can finally draw a line on limiting future
tourist development in favor of the true needs of our existing community.
With Aloha and much trepidation as to what will happen if Bill 2822 does not pass.
Sincerely yours,-Andy &Fran White
Kaua'i residents
176
^^,.^.^.
SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Stefan Ennals <zinaz@mac.com>
Saturday,September 11,2021 12:52 PM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expectlng.
RE:BILL2822
Aloha Council Members and Planning Commissioners,
We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
We strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should
only be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources
and infrastructure cannot handle more tourist accommodations.
We respectfully request that you vote to pass Bill 2822 as quickly as possible.
With Aloha,
Stefan Ennals &Ina Tio-Ennals
174
f?^.^Ce>^.
SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Carolyn Padgett <drbirdheart@gmail.com>
Saturday,September 11,2021 1:20 PM
Planning Department
Fwd:PLEASE PASS BILL 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unfess it is something you were expecting.
Subject:PLEASE PASS BILL 2822
Aloha Planners
1 know this is a big decision for you,and we are counting on you to get it right.Resort expansion
disguised as developed campgrounds is not in the best interest of the residents of the island nor its
visitors.It will only bolster the coffers of mega-wealthy foreign investors intent on developing any last
bit of open space they can make money from.Giving a few holes on a golf course will not appease
them.Winston Churchill once said "An appeaser is one who feeds the crocodile hoping it will eat him
last."Don't feed the crocodile,please.
We are counting on you to help preserve the open space that we moved here to enjoy and that tourists
come here to experience.Kauai is special because if has remained more open,we can see the nenes
and the albatross on the golf course,and see the Milky Way at night.We already have one Mauai and
one Honolulu.We don't need to make Kauai another overdeveloped tourist area that shuffles people
through without adequate infrastructure to take care of them.Instead,let's focus on making Kauai a
magical place so that when people come here it is beautiful and comfortable.
Please help us preserve what is special about this island we call home.
Vote Yes on Bill 2822.If there turns out to be an imperfection in the bill,it can always be amended it in
the future,but time is of the essence so please pass the bill now.
Mahalo foryour efforts in making Kauai wonderful!
Carolyn Burkhardt-Padgett MD
Sent from my iPad
171
-R-^.^.fc^-
SEP 1 4 2021 ^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Dave &Lisa Vitorelo <lvitorelo@gmail.com>
Saturday,September 11,2021 1:36 PM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Re Bill 2822
Aloha Council Members and Planning Commissioners,
1 am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only
be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset ofour beautiful island.Protecting Kaua'i is now up to you.Our precious resources
and infrastructure cannot handle more tourist accommodations.
1 respectfully request that you vote to pass Bill 2822 as quickly as possible.
Lisa Vitorelo
lvitorelo@gmail.com
Sent from my iPad
169
r.^.^10 ^)
S£P \4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Jessica Schilling <jessicaschilling808@gmail.com>
Saturday,September 11,2021 1:42 PM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
RE:BILL2822
Aloha Council Members and Planning Commissioners,
1 am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only
be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources
and infrastructure cannot handle more tourist accommodations.
1 respectfully request that you vote to pass Bill 2822 as quickly as possible.
WithAloha,
Jessica Schilling
4100 Queen Emma Drive #24
Princeville,Hi 96722
Sent from my iPhone
168
T^.^.^.'»'
^?4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
ROSEMARIE STONE <kemperstone@aol.com>
Saturday,September 11,2021 2:13 PM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expectlng.
RE:BILL2822
Aloha Council Members and Planning Commissioners,
1/we are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
1/we strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should
only be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources
and infrastructure cannot handle more tourist accommodations.
1/we respectfully request that you vote to pass Bill 2822 as quickly as possible.
With Aloha,
Ronald and Rosemarie Stone 4141 Lei O Papa rd apt #39 Princeville,Hawaii.
Sent from my iPad
165
p *•^•'"'"'(g)
SEP \4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Linda Breitstone <lbs511@aol.com>
Saturday,September 11,2021 2:14 PM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
RE:BILL2822.
Aloha Council Members and Planning Commissioners,1 am writing in support of Bill 2822 which is back on the Planning
Commission Agenda for September 14,2021.
I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only
be allowed on land zoned for commercial or resort use.Open Space is the most valuable asset of our beautiful island.
Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist
accommodations.1 respectfully request that you vote to pass Bill 2822 as quickly as possible.
WithAloha,
Linda Breitstone
4100 Queen Emma's Drive,Apt.76
PrincevilleHI.96722
Lbs511@aol.com
808-212-7676
164
^.^A.
SEP \4 ^'
-l^.
^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Nancy Mahon <yogaproytt@gmail.com>
Saturday,September 11,2021 2:30 PM
Planning Department
Pass 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
RE:BILL2822
Aloha Council Members and Planning Commissioners,
1 am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only
be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources
and infrastructure cannot handle more tourist accommodations.
1 respectfully request that you vote to pass Bill 2822 as quickly as possible.
WithAloha,
^Gary mahon
163
P.^.^.-74T
SEP 1 4 2021
<&)
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Eric Wright <ericjohnwright@yahoo.com>
Saturday,September 11,2021 3:02 PM
Council Testimony:Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
RE:BILL 2822<BRxBR>Aloha Council Members and Planning Commissioners,<BRxBR>We are writing in support of Bill
2822 which is back on the Planning Commission Agenda for September 14,2021.<BRxBR>We strongly believe that
commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land
zoned for commercial or resort use.<BR><BR>Open Space is the most valuable asset of our beautiful island.Protecting
Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations.Kauai is
so crowded now and the last thing needed here is junky building code defying housing and or resort accommodations
that make a mockery ofthe dangers that winter storms and hurricanes bring.<BR><BR>We respectfully request that you
vote to pass Bill 2822 as quickly as possible.<BR>Not moving immediately to pass Bill 2822 will be a historical disaster for
Kauai.<BR>And will set a negative precedence for the rest ofthe state.The world is watching.<BR><BR>Sincerely Eric
Wright and (his Mom,)Jane Wright <BR>Princeville <BRxBR><BRxBR>
Sent from my iPhone
v.^.a.1'*^
161 SEP 1.4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
akiko sakagami <akikosakagami@me.com>
Saturday,September 11,2021 3:43 PM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Aloha Council Members and Planning Commissioners,
We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
We strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should
only be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources
and infrastructure cannot handle more tourist accommodations.
We respectfully request that you vote to pass Bill 2822 as quickly as possible.
Mahalo nui loa,
Akiko and Nobumasa Sakagami
4141 Lei O Papa Rd,Apt25,Princeville,H196722
159
T=^.<».-»^
g^t .1 ..L^i
€)
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
mandyjowett <mandyjowett@yahoo.com>
Saturday,September 11,2021 3:47 PM
Planning Department
mandyjowett;Jim Jowett
Support Bill 2822
CAUTION:This email orlginated from outside the County of Kauai.Do not click links or open attachments even If the sender Is known
to you unless it is something you were expecting.
To Whom It May Concem,
As property owners in Princeville,my husband and I support Bill 2822.We love the quality of life here and
green space!Any glamping on the island,especially on the North Shore,will negatively effect both.We already
must deal with limited parking,noise and traffic congestion.With roads as they are,especially Hanalei Hill,it
would be crazy and irresponsible to open the flood gates to more development in our remaining green space.As
it is our roads can barely,and sometimes can't,handle the traffic that exits now.
Thank you for your consideration,
Mandy and Jim Jowett
Hale Honu 9B
f=:.^.^.T7.<S)
158 SEP 1 4
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Susan Mings <suemings@mac.com>
Saturday,September 11,2021 3:55 PM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
RE:BILL 2822<BRxBR>Aloha Council Members and Planning Commissioners,<BRxBR>l/we are writing in support of Bill
2822 which is back on the Planning Commission Agenda for September 14,2021.<BRxBR>l/we strongly believe that
commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed on land
zoned for commercial or resort use.<BR><BR>Open Space is the most valuable asset of our beautiful island.Protecting
Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist accommodations.
<BRxBR>l/we respectfully request that you vote to pass Bill 2822 as quickly as possible.<BR><BR>With
Aloha,<BR><BR>@@@@ REPLACE THIS LINE WITH YOUR NAME AND ADDRESS @@@(S)<BR>
Sue Mings
HanaleiBayVillas#26
Sent from my iPad
^^.A 18
SEP 1 4 2021
157
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Robin Yost <58robiny@gmail.com>
Saturday,September 11,2021 4:15 PM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
RE:BILL2822
Aloha Council Members and Planning Commissioners,
1 am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only
be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources
and infrastructure cannot handle more tourist accommodations.
1 respectfully request that you vote to pass Bill 2822 as quickly as possible.
With Aloha,
Robin Yost
Kapaa,Hawaii
f.^.^^
SEPH
156
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
Sylvia Partridge <sylpartridge@yahoo.com>
Saturday,September 11,2021 4:33 PM
Planning Department
Sylvia Partridge
Planning Commission -Testimony re Bill 2822 -strongly support
CAUTION;This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
Aloha Planning Commlssion,
I strongly support BU1 2822 which would restrict use of permlts for a campground
on open space zoned propertles -—that is,no glamping or extra hotel rooms on open
space propertles in Princeville and on the entu-e Island.
Thanks for considering this point of view from someone who Uves right on the
open space in Princeville and who treasures that open space as a way to breathe
fresh clean atr,and also to llmit the traffic congestion and overcrowding on beaches nearby.
Sylvla Partridge
3800 Kamehameha Rd.,#22
Princevme,HI 96722
sylpartridge@yahoo.com
f;-»^.w.
SEP \4 2021^
152
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
Anne Thurston <athurston@irmt.org>
Saturday,September 11,2021 4:43 PM
Planning Department
Council Members
Please protect open space on Kauai by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
Dear County Council Members and Planning Commissioners,
1 write in support of Bill 2822,which is on the Planning Commission Agenda for September 14,2021.
1 feel very strongly that commercially developed campgrounds should not be allowed on open-zoned land but should
only be allowed on land zoned for commercial or resort use.Open space on Kaua'i is an essential and priceless asset,
and all of us share responsibility for protecting it.Once it is lost,it cannot be replaced.
We have now reached a tipping point:the island cannot accommodate more tourist accommodation,which would
bring profit to mainland developers but would place an ever increasing burden on our infrastructure,for instance on our
our roads and facilities for solid waste and wastewater treatment.
Please vote to pass Bill 2822 as quickly as possible.
With Aloha,
Anne Thurston
3639 Keoniana Road
Princeville,Hawaii 96722
151
^.^.^•y.
SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Janis Slack <jslack333@yahoo.com>
Saturday,September 11,2021 4:46 PM
Planning Department
Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
1 am Janis R.Slack,the owner of Villas of Kamali'i #7 on Lei o Papa Rd.in Princeville.I'm totally against the intention of
the Starwood Capital Group of building a Glamping for-profit camground on the present Makai Woods golf/disc golf
course.I have no problem with changing a traditional golf course into a disc golf course,but erecting glamping tents
with additional accoutrements is totally against the original plans for Princeville.That land should remain forever free.
Please urge the board members to vote on Bill 2822 to protect this land from becoming a glamping campground.
I plan to attend the meeting on September 14 by zoom.You may use this letter as my registration for the meeting.
Thankyou.
Janis R.Slack
Sentfrom myiPhone
f.^A^
SEP 1 4 2021
150
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Ken Carlson <kauaifloweressences@gmail.com>
Saturday,September 11,2021 5:32 PM
Planning Department
Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Aloha PlanningCommissioners,
1 am expressing my support for Bill 2822.Commercial developed campgrounds should be prohibited on Open and Ag
zoned space.
Sincerely,
Kenneth Carlson
147
^-.•%.^.<<;».
SEP'4 m(^
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
lynne misajon <lynnemisajon@gmail.com>
Saturday,September 11,2021 5:50 PM
Planning Department
Emmalani court Princeville
Planning bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
To whom may Concern:
1 am a resident of Princeville Hi.
My address is:
5250 Ka HakuRd(t214
Princeville Hi.96722
I adamantly opposed to building,resurrecting or adding to any open space in Princeville.The main reason people choose
to reside In this God given paradise is because it is OPEN and magnificent.
Please hearmyplea,
Carolyn&Roland Misajon
145
;.^.^.5V.
'4 202?^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
karla bailey <karlajbailey@hotmail.com>
Saturday,September 11,2021 7:24 PM
Planning Department
Glamping in Princeville
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
1am very opposed to allow glamping in Princeville.1 have been a north shore resident for almost 45 years.This is the
most obnoxious and appalling idea that has ever surfaced for this island.Please look at the future in making your
decision.Cheers and aloha...karla bailey
Sentfrom my iPhone
^^.<T.<*^SEP 1 4 2021
141
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Mark Gauthier <mgauthier1@hawaii.rr.com>
Saturday,September 11,2021 8:17 PM
Planning Department
Bill 2822,open zoning
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Planning dept.We wanted to let you know that developing land on Princeville golf course (Glamping)would be
tragic on many levels:we are already over crowded on roads markets ,restaurants &more,All the thousands of people
who bought here never knew or expected this could happen ,it was a master planned community with a golf course,we
actually live on the woods course,we paid a lot more for land to be on course,1 am sure this will end up in court ifgolf
course folks (Starwood Capital)try to do this now &in 2026 when course dedication runs out,These folks SGC are more
interested in $than damage they would do do community &lifestyle on Princeville.We pray you guys have wisdom to
help keep Kauai from being over cooked ,Blessings from Mark &Sage Gauthier,4181 Mahina,Princeville
139
^^.^.^.
SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subj'ect:
Valorie Owen <v.owen2@icloud.com>
Saturday,September 11,2021 9:56 PM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
RE:BILL2822
Aloha Council Members and Planning Commissioners,
1 am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.1 strongly
believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be
allowed on land zoned for commercial or resort use.Open Space is the most valuable asset of our beautiful island.
Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist
accommodations.1 respectfully request that you vote to pass Bill 2822 as quickly as possible.
With Aloha,
Valerie Owen
Valerie Owen 4846 Emmalani Drive Princeville
Sentfrom my iPhone
(F ^.^.S-1
SEP 1 4 202!
134
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
Walter Gesell <W.Gesell@gesell.com>
Saturday,September 11,2021 10:15 PM
Planning Department
Elisabeth-Veronika Gesell
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
RE:BILL2822
Aloha Council Members and Planning Commissioners,
We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
We strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should
only be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious
resources and infrastructure cannot handle more tourist accommodations.
We respectfully request that you vote to pass Bill 2822 as quickly as possible.
Aloha,
Friedrich Walter and Elisabeth Gesell
5274 Honoiki Road
Princeville,Hl 36722
133
f .^.4.«»•
SEP \4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Rob Pollock <rpollockak@hotmail.com>
Saturday,September 11,2021 10:28 PM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
RE:BILL2822
Aloha Council Members and Planning Commissioners,
1 are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only
be allowed on land zoned for commercial or resort use.
1 am writing in support of keeping AND maintaining Open Spaces for All of their community BENEFITS,including physical,
educational,Nature-al,mental,emotional,and yes,financial benefits of maintaining open spaces for the enjoyment and
health of Kauai's residents,children,Kupuna and visitors.
Saving and Protecting open space is a MAJOR ECONOMIC Benefit to any community.In addition to the aesthetic,
emotional and mental benefits,open spaces serve many other functions,including a quiet place to relax,exercise,de-
stress and recharge.THESE BENEFITS ARE COMMUNITi^-WIDE.Healthier people mean a healthier community,with less
hearth-related costs.
Contrast this with developers who have purchased community parcels with valuable open space that they want to
eradicate and develop.One such example its the Princeville One Hotel coproration's request to allow "Glamping—
"glamorous camping,"on the (Princeville Woods golf course.1 ask you,who wants to camp on a golf course????
And,for Who and What??OUT-OF-TOWN and OUT-OF-STATE CORPORATIONS AND THEIR SHAREHOLDERS profiteers,
who couldn't CARE LESS about Kauai's COMMUNITY OR IT'S Tax paying resident's,who depend on her Open Spaces???
Open Space is the most valuable asset of our beautiful island.Once it's allow it to be developed,IT'S GONE.
Activities such as Glamping serves ONLY the owners and shareholders of that corporation-no one else,while at the
same time destroying 50 MANY Community values,and DE-VALUING the RESENTS'LIVING EXPERIENCES,AS WELL AS
THEIR PROPERTi'VALUES,WHICH DECREASES TAX REVENUE.
Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist
accommodations.
I respectfully request that you vote to pass Bill 2822 as quickly as possible.
With Aloha,
RobertG.Pollockjr.
4184 Mahina Place
Princeville,Hl
131
f.^.^^!
SEP \4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Janis Slack <jslack333@yahoo.com>
Sunday,September 12,2021 2:35 AM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Aloha Council Members and Planning Commissioners,1 am writing in support of Bill 2822 which is back on the Planning
Commission Agenda for September 14,2021.1 strongly believe that commercial developed campgrounds should NOT be
allowed on Open-zoned land and should only be allowed on land zoned for commercial or resort use.Open Space is the
most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure
cannot handle more tourist accommodations.1 respectfully request that you vote to pass Bill 2822 as quickly as possible.
Though my property is in Princeville,1 believe that Bill 2822 is important to pass to save all open land on the island of
Kauai.There are so few places on earth that haven't been touched by overdevelopment.Please vote to save what is left
of our beautiful island.Thank you.
WithAloha,
Janis R.Slack
VillasofKamali'iff7
jslack333@yahoo.com
Sent from my IPhone
^Dl.«^°
130 SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
David Smith <dascas@att.net>
Sunday,September 12,2021 5:08 AM
Council Testimony;Planning Department
Mayor
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
RE:BILL 2822
Aloha Council Members and Planning Commissioners,
1 am writing in support of Bill 2822 which is back on the Planning Commission Agenda for Seplember 14,2021.
I strongly beiieve that commercial developed campgrounds should NOT now or ever,be allowed on Open-zoned land and shoutd only be allowed on land zoned
for commercial,resort or designated specitic campground use.Every time we allow more commercializalion on the Hawaiian Islands,we lose more of what has
made Kaua'i so special.Let us keep guard and control what we are so fortunate lo have.As elecled officials,we have entrusted you with the fiduciary
guardianship of ihis island,and hold you both individually and collectively responsible to prolect it.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannol handle more
tourist accommodations and were never designed for Ihe unprecedented fevels of recent growth that are Jeopardizing the fragile naluraf environmental balance
thal we have left.
1 respectfully request that you vote to pass Bill 2822 as quickly as possible,and prolect our sacred lands.
A property owner and visilor for over 50 years,David Smith,Managing Member,Uli Mahina LLC
^.o.fll•
^\4 20^
128
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
MARIANNE MINOR <onlyminors@sbcglobal.net>
Sunday,September 12,2021 7:56 AM
Planning Department
Council Testimony
Please save Open Space by passing Bill 2822
CAUTION:This email onginated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it Is something you were expecting.
RE:BILL2822
Aloha Council Members and Planning Commissioners,
We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
We strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should
only be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources
and infrastructure cannot handle more tourist accommodations.
We respectfully request that you vote to pass Bill 2822 as quickly as possible.
WithAloha,
Ken and Marianne Minor
5100 Kuhina Place,Princeville
124
?.o.^:^
^P \4 20^^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Hob Osterlund <hobosterlund@gmail.com>
Sunday,September 12,2021 8:32 AM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
RE:BILL2822
Aloha Council Members and Planning Commissioners,
1 am writing in support of Bill 2822,and in support of open space on Kaua i.
I believe commercial developed campgrounds should be prohibited on open-zoned land,and that such campgrounds
should only be allowed on land zoned for commercial or resort use.
Open Space is such a vital asset of our beautiful island.
I respectfully request that you do everything possible to support Bill 2822.
Mahalo for your good work,
Hob Osterlund
4209 Kina'u Place
Princeville
121
^.^.^
SEP \4 2021 ^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Kirsten Knick <kirstenoctober@gmail.com>
Sunday,September 12,2021 10:28 AM
Council Testimony;Planning Department
Support bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
1 support bill 2822 and stand against glancing development.As a resident of north shore of Kauai 1 feel we need to
preserve what we have.
Mahalo,
Kirsten Knick
Kirsten Knick
www.voluspamusic.com
^.<»A^.
SEP 1 4 2021 ^
117
Kristen Romuar-Cabico
From:
Sent:
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Subject:
bwiednerrealtor@aol.com
Sunday,September 12,2021 10:33 AM
Council Testinnony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
RE:BILL 2822
Aloha Council Members and Planning Commissioners,
I are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021 .
I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only
be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources
and infrastructure cannot handle more tourist accommodations.
1 respectfully request that you vote to pass Bill 2822 as quickly as possible.
With Aloha,
Barbara Wiedner
1774PuuKaaSt
Kapaa,Hl96746
808-635-2593
115
F.^.^^T
SEP 1 4 2021 ^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Grace Hodgson <gh.imakeart@gmail.com>
Sunday,September 12,2021 11:17 AM
Planning Department
glamping
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
From:Grace Hodgson and Steve Perry
Re:We strongly support Bill 2822 to maintain the open space that we now enjoy.
Aloha PlanningCommission,
—Westrongly support Bill 2822 which would restrict use ofpermits for a campground
on open space zoned properties —that is,no glamping or extra hotel rooms on open
space properties in Princeville and on the entire island.
-Thanks for considering this point ofview from people who live right on the
open space in Princeviile,who treasure our way of life and want to limit further traffic congestion
on streets where our children live.
Thankyou,
Grace Hodgson and Steve Perry
Grace Hodgson
Grace Hodgson
Eh.imakeart@Email.com
website:www.imakeart.com
travel blog:steveBracetravel.wordDress.com
808-635-2079
Art washes away from the soui the dust of everyday flfe.
Pablo Picasso
112
f:^.^.^'
S£P 1 ^^}
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
Laura Ramirez <lauraramirez87@hotmajl.com>
Sunday,September 12,2021 11:42 AM
Planning Department
Lurline Bettencourt
Supportfor Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
Aloha,
I strongly support Bill 2822 to maintain open space and restrict the use of permits for a campground AKA glamping
structures or extra hotel rooms in Princeville and on the entire island.
Kaua'i is beautiful and special because of our open spaces and clean air,We cannot accommodate any more tourists
without polluting the land and beaches and worsening the already insane amount of
traffic congestion we locals suffer through in our daily lives as we try to get to work,bring our children to school,and
make our way to important appointments.
The proposed 50 one,two,and three bedroom "tents"with "luxurious en-suite bathrooms",full utilities,and individual
fire pits consist of semi-permanent roofs,raised permanent floors,3 canvas sides and a locking glass slider will not be
built to code and are a dangerous disaster waiting to happen.In the event of a hurricane or other severe weather
incident,these tents will not survive and will be blown throughout the neighborhood with the potential for life-
threatening catastrophic consequences and significant property damages to all the surrounding homes.
The additional serious issues ofwater,drainage,sewage,garbage,noise,impact on endangered species,and other
environmental concerns cannot be overlooked.
The unbridled expansion of resorts is taking a severe toll on our quality of life,the affordability of housing,and
the use and enjoyment of public spaces that we locals are being pushed out of.It must stop here with our
open spaces.
Mahalo,
Laura Ramirez and the Bettencourt family
4510 Kawaihau Road
Kapa'a,Kaua'i 96746
111
<^.^.^'
SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
MICHAELSHANDLING <arttee@msn.com>
Sunday,September 12,2021 11:42 AM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
RE:BILL2822
Aloha Council Members and Planning Commissioners,!am writing in support of Bill 2822 which is back on the Planning
Commission Agenda for September 14,2021.
I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only
be allowed on land zoned for commercial or resort use.Open Space is the most valuable asset of our beautiful island.
Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist
accommodations.
1 respectfully request that you vote to pass Bill 2822 as quickly as possible.
With Aloha,
Michael Shandling
3811 EdwardRoad #2302
Princeville,Hl 96722
Sent from my iPad
^.^.^.^-
^\4 2021
110
Kristen Romuar-Cabico
From:
Sent:
To:
Emmaleah Stauber <emmaleah@hawaii.edu>
Sunday,September 12,2021 11:53 AM
Planning Department
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha,
1 strongly support Bill 2822 to maintain open space and restrict the use of permits for a campground AKA glamping structures or
extra hotel rooms in Princeville and on the entire island.
Kaua'i is beautiful and special because of our open spaces and clean air.We cannot accommodate any more tourists without
polluting the land and beaches and worsening the already insane amount of
traffic congestion we locals suffer through in our daily lives as we try to get to work,bring our children to school,and make our
way to Important appointments.
The proposed 50 one,two,and three bedroom "tents"with "luxurious en-suite bathrooms",full utilities,and individual fire pits
consist of semi-permanent roofs,raised permanent floors,3 canvas sides and a locking glass slider will not be built to code and
are a dangerous disaster waiting to happen.In the event of a hurricane or other severe weather incident,these tents will not
sun/ive and will be blown throughout the neighborhood with the potential for life-threatening catastrophic consequences and
significant property damages to all the surrounding homes.
The additional serious issues of water,drainage,sewage,garbage,noise,impact on endangered species,and other
environmental concerns cannot be overlooked.
The unbridled expansion of resorts is taking a severe toll on our quality of life,the affordability of
housing,and the use and enjoyment of public spaces that we locals are being pushed out of.It must
stop here with our open spaces.
Mahalo,
Emmaleah Stauber
4510 Kawaihau Road
Kapa'a,Kaua'i 96746
^.^.^^
SEp 1 4 2021
109
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Missy Owens <missyilima@gmail.com>
Sunday,September 12,2021 11:59 AM
Planning Department
In Support of Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Commissioners,
I am writing in support of Bill 2822 as I'd like to raise my concerns regarding the proposed "glamping"luxury resort
development/expansion in Princeville's green space.
1 strongly oppose the Starwood Capital/1 Hotel plan to build a high-end "glamping"resort (glamping units renting for
$500-$1200 per night)with little to no regard for the island and it's residents.1 believe that passing Bill 2822 will help to
preserve our island home for generations to come.
Protecting open space and limiting development is vital to maintaining Kaua'i's resources and natural beauty.We do not
need more luxury resorts,hotel rooms,orto be exploited by mainland venture capitalists/developers who are only
trying to make a quick buck before they flip their properties in a few years.
1 respectfully request that you vote to pass Bill 2822.
Mahaloforyourtime,
Marie Owens
(808)386-5057
^4>.<».loo.
I /'"••'•,
107
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Janet Ramatici <janetramat[ci@mac.corn>
Sunday,September 12,2021 12:28 PM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
RE:BILL2822
Aloha Council Members and Planning Commissioners,
1 urge you to consider the negative ramifications of allowing commercial developed campgrounds on Kauai s open-zoned
land.The impact on our quality of life by allowing "Glamping"in residential neighborhoods cannot be underestimated.It
makes sense and is totally appropriate to restrict this type of development to land zoned for commercial or resort use..
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.As the last few months
have dramatically illustrated,our precious resources and infrastructure cannot handle more tourist accommodations.
1 respectfully request that you vote to pass Bill 2822 at your meeting this Tuesday,September 14..
With Aloha,
Janet Ramatici
5081 Napo'okala Circle
Princeville,Hl 96722
f.^.^.ioi.
'(^SEP 1 4 2021
103
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
Barbara Levin <blevinco@gmail.com>
Sunday,September 12,2021 2:17 PM
Planning Department
Luke Evslin;Mason Chock
Testimony Support for Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Dear Planning Commission members,
We are writing to you to provide testimony in support of Bill 2822.We believe that Kauai's biggest
asset is its beauty and open spaces.We believe that over-tourism is jeopardizing our ability to
malama aina,and that any development of open space will contribute to over-,non-regenerative
tourism.
There are many,many additional reasons why we support Bill 2822,but instead of generic
testimony we'd like to tell you our personal story.
On my first trip to Kauai,1happened to wander in to the Tahiti Nui on my 30th birthday.They were
closed for a private birthday party for a community elder,but when they learned it was my
birthday they invited us to join and to this day it was one of the most magical days and evenings
of my life.1 determined then and there that 1 would some day live here on Kauai's north shore.
That was 37 years ago.When 1 met my partner Dave 18 years ago we took our first vacation
together here,and from then on saved and worked and saved and worked and saved until we
were able to make our dream come true and retire to Kauai.After renting for several years we
purchased our townhome at Villas of Kamalii.We haven't been lounging drinking pina coladas and
playing golf though.We've volunteered and tried to become useful members of the community.
We've painted houses for Habitat for Humanity and volunteered for Friends of the Library.1
started the Ocean Friendly Visitors Program for Surfrider Kauai -helping tourists learn how to
protect our ocean,beaches,reefs and marine life.We've met so many wonderful people and have
developed strong friendships.We appreciate every morning that we wake up to the sound of
birds and gentle showers.But now,Starwood Capital Group wants to build 50 glamping sites not
too far from our front door in what is zoned as open space.They've clearly stated that they intend
to build and sell -they have no interest in Princeville in the long-term.But what they'll leave in
their dust is a once-cohesive supportive community bitterly divided.They'll leave noise and traffic
and pollution.And when they leave,residents will also leave because the community and
environment that we sought will no longer exist.We certainly would not stay because our road -
which is designated to be the main road for the check-in lodge and parking shuttles -will become
a traffic nightmare.And the noise from the "glamps"will make the quiet we came here for a thing
98 '^rl^l A iy!hsif^4
of the past.And certainly looking out at 50 glampsites instead of the beautiful green space is not
what we worked for those many years.
Given the terrible impacts we are seeing today from over-tourism,we believe that Bill 2822 is very
necessary.It will prevent Starwood Capital Group from changing the very face and culture of the
north shore,and developing even more tourist accommodations -which is the last thing we need.
And more important,it will prevent other groups from attempting the same island-wide.We
understand that visitors are the main economy here on Kauai,but we need to find ways to
increase revenue from reasonable and manageable tourist numbers -not just allow development
for more tourist accommodations at the expense of the open space and beauty that brought
many of us to Kauai in the first place.
Thank you for your consideration,
Barbara Levin and David Zacarias
4141 Lei O Papa Rd #14
Princeville Hl 96722
99
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Jane E Schmitt <jes_sea@hawaii.rr.com>
Sunday,September 12,2021 2:20 PM
Planning Department
Bill 2282
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even Ifthe sender is known
to you unless it is something you were expecting.
Aloha Kauai Planning Department,
We are 18 year homeowners in Princeville and when we purchased our Honoiki Road lot in 1996,we specifically queried the
Realtor about the chance for future development ofthe Makai course into more dwelling units.She assured us that this would
not happen.As time has passed and ownership of Princeville &some of its assets have changed hands,we are in the
disagreeable position of having to wage a fight with Starwood Capital over their proposed development of"Glamping"on the
Woods course.The golf course and open spaces in Princeville are it's best features,aside from the ocean &mountain
backdrop.Many of us moved here precisely because of the low density housing afforded by large swaths of Golf Course
property,which accentuates the feeling of a rural community.
We are adamantly opposed to any type of dwelling units;including tents,semi-permanent structures or other abodes.Please
vote to preserve our Open Space!
Jane Schmitt &Richard Crack
5370 Honoiki Road
Princeville,Hl.96722
97
f.^.^.io^-
SEP 1 4 202)
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Alissa Kallenberg <alissa.pinkoski@gmail.com>
Saturday,September 11,2021 11:01 AM
Planning Department
SupportforBill 2822
CAUTION:Thisemail originated from outsidetheCountyofKauai.Do not click links oropen attachments even ifthe
sender is known to you unless it is something you were expecting.
Dear Planning Department and to whom it may concern,
I am a full time resident of Princeville,and 1 am writing to voice my support of Bill 2822.
I support protecting the open space of Kaua'i,and 1 am opposed to the proposed Glamping on the current Makai course.
Thank you for taking the time to read this.
Sincerely,
Alissa Kallenberg
185
F^^.^.lo+
SFP 1^021 ^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Bill Schilling <bill@wymentor.com>
Sunday,September 12,2021 3:03 PM
Planning Department
2822 Position
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Yesterday 1 stood in the rain with a No Glamping sign by a stop sign.In two hours,1 counted 183 favorables,no
negatives,and 203 no comment/drive by.
1 was surprised at how knowledgeable and fervent people were-surfers,workers going to the transfer station,visitors
who said sue them,people asking for handouts,etc.If 1 was a member of the Commission or an elected official I'd be out
and about to verify the community pulse.
Please vote in favor of 2822.
Bill Schilling,Princeville.
Sent from my iPhone
^.^^.l^-
S£P \4 2021
^
90
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Susan Wilson <kauaioceanview@gmail.com>
Sunday,September 12,2021 3:25 PM
Planning Department
Bill #2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
To:Council members and Planning Commissioners,
1 am in strong support of Bill #2822 which clearly states the below::
Bill #2822 specifies Kauai County will NOT allow Open-zoned lands to be used for commercial developed campgrounds,
and that commercial developed campgrounds should ONLY be allowed on commercial and resort zoned lands.
Kauai County Open-zoned lands are invaluable islandwide assets.Protecting Kauai open spaces from any and all further
tourist accommodations honors our island's exceptional beauty.A vote for bill #2822 sends a very,very positive baseline
message that residents,visitors and investors will respect and understand,i.e.:
On Kauai,certain types of land use proposals belong in lands zoned appropriately to that use.Commercialization of
Open-zoned lands is not an appropriate use of Kauai lands.
Respectfully submitted,
SusanA.Wilson
Kauai resident
^^.^.lofe.
SEP^202'i (J^
87
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
debbie schenker <debansch@yahoo.com>
Sunday,September 12,2021 3:27 PM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822.Do not let Starwood destroy our beautiful
neighborhood
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
RE:BILL 2822 Aloha Council Members and Planning Commissioners,
we are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.We
strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only
be allowed on land zoned for commercial or resort use.Open Space is the most valuable asset of our beautiful island.
Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist
accommodations.We respectfully request that you vote to pass Bill 2822 as quickly as possible.
WithAloha,
DebbieSchenker
4771 Pepelani Loop,Unit 812
Princeville,Hl 96722
86
f^.^.tcrT.
SEP 1 4 2021 ^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Heidi Schroeder <heidihaunani@gmail.com>
Sunday,September 12,2021 4:1 1 PM
Council Testimony;Planning Department
Please preserve Kauai's Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
RE:BILL2822
Aloha Council Members and Planning Commissioners,
We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
We strongly believe that commercial developed campgrounds should NOT be allowed on open-zoned land and should
only be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources
and infrastructure cannot handle more tourist accommodations.
We respectfully request that you vote to pass Bill 2822 as quickly as possible.
With Aloha,
Heidi &Fred Schroeder
5250 Ka Haku Road
Princeville Hl 96722
83
f.^.^.io^
(^SEP1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Wally Wilson <wilson931 @comcast.net>
Sunday,September 12,2021 4:42 PM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
RE:BILL2822
Aloha Council Members and Planning Commissioners,
1 am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only
be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources
and infrastructure cannot handle more tourist accommodations.
I respectfully request that you vote to pass Bill 2822 as quickly as possible.
WithAloha,
Wallace Wilson
wilson931@comcast.net
615-557-5829
4141 Queen Emmas Dr.Apt 21
Princeville,Hl.96722
76
^alotSEP14?0?t
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Jeff Mul!<mull.jeff@gmail.com>
Sunday,September 12,2021 4:58 PM
Planning Department
Support for Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha,
As a resident of the North Shore,Im writing this email to express my support for Bill 2822.What makes the North Shore
special is its green space.THere's no need to make further development.Protect the green.Support Bill 2822.Keep the
North Shorespecial.
Mahalo,
Jeff
^^.^.110
SEP 1 4 2021
73
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Susan Wilson <kauaioceanview@gmail.com>
Sunday,September 12,2021 5:14 PM
Planning Department
Re:Bill #2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
>On Sep 12,2021,at 3:25 PM,Susan Wilson <kauaioceanview@gmail.com>wrote:
>
>To:Council members and Planning Commissioners,
>
>I am in strong support of Bill #2822 which clearly states the below::
>
>Bill #2822 specifies Kauai County will NOT allow Open-zoned lands to be used for commercial developed campgrounds,
and that commercial developed campgrounds should ONLY be allowed on commercial and resort zoned lands.
>
>Kauai County Open-zoned lands are invaluable islandwide assets.Protecting Kauai open spaces from any and all
further tourist accommodations honors our island's exceptional beauty.A vote for bill #2822 sends a very,very positive
baseline message that residents,visitors and investors will respect and understand,i.e.:
>
>On Kauai,certain types of land use proposals belong in lands zoned appropriately to that use.Commercialization of
Open-zoned lands is not an appropriate use of Kauai lands.
>
>Respectfully submitted,
>Susan A.Wilson
>Kauai resident
I^.^.A 111.
SEP1 4 2021^
72
Kristen Romuar-Cabico
From:
Sent:
To;
Subject:
Susan Wilson <kauaioceanview@gmail.com>
Sunday,September 12,2021 5:19 PM
Planning Department
Re:Bill #2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
>On Sep 12,2021,at 3:25 PM,Susan Wilson <kauaioceanview@gmail.com>wrote:
>
>To:Council members and Planning Commissioners,
>
>1 am in strong support of Bill #2822 which clearly states the below::
>
>Bill #2822 specifies Kauai County will NOT allow Open-zoned lands to be used for commercial developed campgrounds,
and that commercial developed campgrounds should ONLY be allowed on commercial and resort zoned lands.
>
>Kauai County Open-zoned lands are invaluable islandwide assets.Protecting Kauai open spaces from any and all
further tourist accommodations honors our island's exceptional beauty.A vote for bill #2822 sends a very,very positive
baseline message that residents,visitors and investors will respect and understand,i.e.:
>
>On Kauai,certain types of land use proposals belong in lands zoned appropriately to that use.Commercialization of
Open-zoned lands is not an appropriate use of Kauai lands.
>
>Respectfully submitted,
>Susan A.Wilson
>Kauai resident
71
^^•^11^
^1 4 2021^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Shelly L <hanaleihula@yahoo.com>
Sunday,September 12,2021 5:22 PM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
RE:BILL 2822
Aloha Council Members and Planning Commissioners,
1/we are writing in support of Bill 2822 whlch is back on the Planning Commission Agenda for September 14,2021 .
1/we strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only be allowed
on land zoned for commercial or resort use.
Open Space is the rnost valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources and
infrastructure cannot handle nnore tourist accommodatlons.
1/we respectfully request that you vote to pass Bill 2822 as quickly as possible.
With Aloha,
Shelly Ludolph
5108Kuhina Place
Princeville,Hi 96722
^^a.u'5.
SEP 1 4 2021 (^
70
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Linda <lindasilverberg@nnsn.com>
Sunday,September 12,2021 5:30 PM
Planning Department
Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha
I totally support this bill and I am against commercial campgrounds of any kind on any of Kauai's open space People
live on Kauai because of its beauty,vistas and open land that we can all enjoy.Please stop this developing of our
land.
Aloha,
Linda
f.^.^l4
S'EP 14 2021^
68
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Karen Morales <karen@cig-pr.com>
Sunday,September 12,2021 5:42 PM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
RE:BILL2822
Aloha Council Members and Planning Commissioners,
We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
We strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should
only be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources
and infrastructure cannot handle more tourist accommodations.
We respectfully request that you vote to pass Bill 2822 as quickly as possible.
With Aloha,
Karen &Kenneth Morales
3994Aloali'i Dr.,Princeville
Sent from my iPhone
t=.^).^It^
SEP 1 ^202^i
67
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
Jan Bernard <janetbernard@msn.com>
Sunday,September 12,2021 5:50 PM
Planning Department
Gary Hooser;jyukimura
Re:In support of Bill 2822,maintaining our open spaces!
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it Is something you were expecting.
To:planningdepartment@kauai.gov
From:Janet Bernard,35 year resident at 5014 Emmalani Drive,Princeville
Re:1 am in strong support of Bill 2822 to maintain the open space that are currently ours.as residents,to
enjoy.
AIoha Planning Commission,
-I strongly support Bill 2822 which would restrict use of permits for a campground
on open space zoned properties.Yikes—that is,no glamping or extra hotel rooms on open
space properties in Princeville and on the entire island.
--Thank you so much for considering this point ofview from someone who lives near the
open space in PrinceviIIe and who treasures that open space as a way to breathe
fresh clean air,maintain current density,noise pollution,and security,as designed,and also to limit the traffic
congestion in our community and overcrowding on nearbybeaches.
BACKGROUND:The original Princeville Hotel was permitted to be built with 300 rooms and the hotel was
completed with 300 rooms in 1986.Thereafter,a subsequent owner ofthe hotel,Qintex,consolidated some of
the rooms into suites and the hotel is now comprised of 252 rooms.The new hotel owner,Starwood Capital
Group (SCG")a private equity,venture capital fund,is presently asserting they should be allowed to expand
their"lHotel"onto Holes 1,2,and 3 ofthe MakaiWoods GolfCourse (which is zoned "Open")to include 50
one,two,and three bedroom "tents"with "luxurious en-suite bathrooms",full utilities,individual fire pits that
can be used for cooking,a hotel lobby,large recreational luau tent,and all hotel amenities.They justify this
project on the basis that this project is "camping"which they assert is allowable on Open space.They also
assert they are allowed the additional 50 transient accommodation facilities because they were originally
permitted for 300 rooms.
These tents which consist ofsemi-permanent roofs,raised permanent floors,3 canvas sides and a locking
glass slider will not be built to code;in the event ofa hurricane or other severe weather incident,these tents
will not survive and will be blown throughout the neighborhood with the potential for life-threatening
catastrophic consequences and significant property damages to all the surrounding homes.The additional
issues oftraffic,water,drainage,sewage,noise,impact on endangered species,and other environmental
concerns are consequential as well.
However,ofbigger consequence for all the communities on the North Shore is the potential expansion of
transient accommodations options.The unbridled expansion ofresorts is taking a severe toll on our quality of
life,the affordability of housing,traffic,noise,trampled beaches and public spaces,and our fragile
environment.COULDN'T AGREE MORE.LET'S KEEP OPEN SPACE OPEN!
Respectfully,
Janet C.Bernard (Resident)
5014 Emmalani Drive
65
l^^.^.ll^
SEP \4 2021
PrincevilIe.HI 96722
Sent from Mail for Windows
66
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Andrea Slevin <silverslev1@gmail.com>
Sunday,September 12,2021 6:55 PM
jyukimura;Planning Department
IN STRONG SUPPORT OF BILL 2822-SAVE OUT OPEN SPACE!
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
In support of Bill 2822,maintaining our open spaces!
To:planningdepartment@kauai.gov
I am in strong support of Bill 28221
to maintain the open spaces that are currently ours,as residents,to enjoy.
Aloha PIanning Commission,
-I strongly support Bill 2822 which would restrict use of permits for a campground
on open space zoned properties.
--Absolutely N0 glamping or extra hotel rooms on open space properties in Princeville or anywhere on the
island.
We appreciate you so much for considering this point ofview from someone who has lived on Kauai for 16
years and see how special our wonderful island is.
We need to cherish it,protect it and care for it as best we can.
We need to maintain and retain the precious public open spaces we have.
Please help to keep open spaces open all over the island of Kauai
forALLtoenjoy.
With respect and appreciation,
Andrea Slevin
56
f.^.a.\rt
SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Donna Resort Properties <donna@resortpropertiespaciftc.com>
Sunday,September 12,2021 7:21 PM
Planning Department
support for bill 2822
CAUTION:This email originated from outsidethe County of Kauai.Do not click links oropen attachments even ifthe senderis known
to you untess it is something you were expecting.
I support bill 2822.This is the way forward to prevent more vacation rentals on the North Shore and
around the island.
Please help in keeping Kauai the special place that we love.
Donna Holevoet,BROKER Resort Properties of the Pacific,LLC Call or text 808-635-6500 Office:808-
826-4280 www.resortDroDertiesDacific.com
52
f^^-."%
SEP 14 202^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
bob-marion@hawaiiantel.net
Sunday,September 12,2021 8:03 PM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
RE:BILL 2822
Aloha Council Members and Planning Commissioners,
We have been residents of Kauai since 1987.
We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September
14,2021.
We strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land
and should only be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our
precious resources and infrastructure cannot handle more tourist accommodations.
We respectfully request that you vote to pass Bill 2822 as quickly as possible.
With Aloha,
Robert and Marion McHenry
3609 Kaweonui Rd
Princeville
r.^.^.114
SEP 1 4 2021
48
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
janice mckeachern <janicennckeachern@gmail.com>
Sunday,September 12,2021 8:30 PM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
RE:BILL2822
Aloha Council Members and Planning Commissioners,
I am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only
be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources
and infrastructure cannot handle more tourist accommodations.
1 respectfully request that you vote to pass Bill 2822 as quickly as possible.
With Aloha,
Janice McKeachern
4186 Waileia Pl
Princeville,Hl 96722
^•^y^
SEP 1 4 2021,
45
Kristen Romuar-Cabico
From:
Sent:
To:
Subj'ect:
radkauai@aol.com
Sunday,September 12,2021 8:40 PM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Aloha Council Members and Planning Commissioners,
1 am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
1 strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only
be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources
and infrastructure cannot handle more tourist accommodations.
1 respectfully request that you vote to pass Bill 2822 as quickly as possible.
With Aloha,
Conrad Mathews
4186WaileiaPI
Princevilte,Hl 96722
42
^•^.^
SEP \^^{
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Ronald Wright <rgwright@me.com>
Sunday,September 12,2021 9:21 PM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
RE:BILL2822
Aloha Council Members and Planning Commissioners,
1 am the President of the Alii Kai II Board of Directors.1 represent 56 condominium owners including over 1000
timeshare owners.We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for
September 14,2021.
We strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should
only be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious resources
and infrastructure cannot handle more tourist accommodation.
We respectfully request that you vote to pass Bill 2822 as quickly as possible.
With much Aloha,
Ron Wright
President
Alii Kai II
3830 Edward Road
Princeville Hl 96723
36
,.a.w>
SEP \4 w?11
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
rick.debra.kauai@gmail.com
Sunday,September 12,2021 10:22 PM
Planning Department
Council Testimony
Bill2811
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
Aloha Council Members and Planning Commissioners,
We are writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
We strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should
only be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious
resources and infrastructure cannot handle more tourist accommodations.
We respectfully request that you vote to pass Bill 2822 as quickly as possible.
With Aloha,
Debra Drayton
4019 Kaikio Ewa Place
Princeville,Hl 96722
Virus-free.www.avast.com
32
^3 A IT3;
SE.P 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subj'ect:
david platshon <platshon@gmail.com>
Sunday,September 12,2021 11:58 PM
Council Testimony;Planning Department
Please vote to pass Bill 2822 on Tues
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha Council Members and Planning Commissioners,
I am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only
be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.Protecting Kaua'i is now up to you.Our precious
resources and infrastructure cannot handle more tourist accommodations.We need more open spaces not less for our
residents and visitors to enjoy.
1 respectfully request that you vote to pass Bill 2822 as quickly as possible.
With Aloha,
David Platshon
5086v Napookala Clrcle
PVL,Hi 96722
28
<>.^.Y>4-
SEP 1 <»2'^
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Joanne Little <joannelittle@hawaii.rr.com>
Monday,September 13,2021 5:40 AM
Council Testimony;Planning Department
Please save Open Space by passing Bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
RE:BILL2822
Aloha Council Members and Planning Commissioners,
I am writing in support of Bill 2822 which is back on the Planning Commission Agenda for September 14,2021.
I strongly believe that commercial developed campgrounds should NOT be allowed on Open-zoned land and should only
be allowed on land zoned for commercial or resort use.
Open Space is the most valuable asset of our beautiful island.
Protecting Kaua'i is now up to you.Our precious resources and infrastructure cannot handle more tourist
accommodations.
1 respectfully request that you vote to pass Bill 2822 as quickly as possible.
With Aloha,
Joanne Little
4209 Kinau Place
Princeville,Hl 96722
^a.t^^-
Q£P \4 2021
20
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Attachments:
Maylette Garces <maylette@princevillecommunity.com>
Friday,September 10,2021 6:45 PM
Planning Department
Bill 2822 -written testimony
2021_09_10 Bill 2822 PHCA Comment Letter.pdf
CAUTION:Thls email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha,
Attached is written testimony from the Princeville at Hanalei Community Association for the continued
Public Hearing of Bill 2822 by the Planning Commission at its September 14,2021 meeting.
Thank you.
Maylette Garces
General Manager
Princeville Community Association (PhlCA)
(808)977-8714 |mavlette@Drincevillecommunitv.com
P.0.Box 223277,Princeville,Hl 96722
The PHCA office is open with restrictions to curb COVID-19 spread.Appointments are strongly encouraged
and masks are required.
For Patrol,please call (808)826-6181.
^-l^.0.12(0.
^EP 1 4 2021
Princeville -^-Commimity Association
Enhancirtg ihe Qutiiity nfUfa ancJ PnncevUk'Espcnencefor it,\Memhc^
September13,2021
VM E-MAIL:BlanninadeiiartmenttSMauai.vov
Planning Commission
Donna Apisa,Chairperson,by Ka'aina S.Hull.Clerk ofthe Commlssion
c/o County of Kaua'i Planning Department
Re:Kaua'i County Bill 2822,ZA-2021-2
(September 14,2021 Planning Commission Meeting)
Chairperson Apisa and Planning Commission Members:
Princeville at Hanalei Community Association {PHCA)respectfully submits comments regarding
Bill 2822.
PHCA is comprised of almost 3,000 owners and residents who share common facilities within the
master-planned Princeville community,Starwood Capital Group (S(a/wood),whose affiliates own
1 Hotel Hanalei Bay and the Makai Golf Course in Princeville,has proposed a luxury "glamorous
camping"or '"glamping"proj'ect on land that is currently operated as three holes ofthe Woods Course
portion of the Makai Golf Course.The proposed proj'ect site is adjacent to homes owned by some
PHCA members It is also located in the Open District under the County of Kaua'i Comprehensive
Zoning Ordinance and would be affected if Bill 2822 were passed into law.
PHCA's individual members hold different opinions regarding Starwood's proposed glamping project.
All ofPHCA'3 members,however,share a common goal ofpreserving open spacesin
Princeville,both in the immediate future and in the long term.PHCA appreciates the opportunity to
participate in the legislative process in furtherance ofthat goal
Respectfully,
Princeville at Hanatel Community Association
By.
Sam George.President.Board ofDir
P O Bo.\223277.Ilnnccvilli;,Hl 96722 •(808)826-6687 •info»prtnccvillticummunity com •www.princcvillucommunity.cum
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Attachments:
Beryl Blaich <punab4@gmail.com>
Friday,September 10,2021 6:17 PM
Planning Department
Support for Bill 2822
Blaich Support for Bill 2822.docx
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha,
My testimony ifor the hearing on September 14th is attached.
Thank you,
Beryl Blaich
^,3.«.l^
SEP \4 2021
Strong Support for Bill 2822
September 10,2021
Dear Chairperson Apisa and Members ofthe Planning Commission:
There is one upside to the incompatible and opportunistic proposal to develop commercial
camping for visitors on three holes of the Woods Golf Course at Princeville:The proposal has
opened our eyes to larger frightening possibilities of spreading a new type of visitor
accommodation onto the County's Agriculture and Open Districts.
The bill before the Planning Commission would prohibit commercial camping in the Open
District.It closes a loophole we had not perceived.
The purposes of the Open District are distinct and essential.
The Open District is established and regulated to create and maintain an
adequate and functional amount of predominantly open land to provide for the
recreational and aesthetic needs of the community or to provide for the effective
functioning of land,air,water,plant and animal systems or communities.
On the North Shore,a substantial portion of the coastal land -the beach residences all along
Hanalei Bay for instance -are in the Open District.What would prevent owners of large
properties from establishing commercial campsites?Staying in an luxury "tent"would be a
desirable and less expensive alternative to urban resort accommodations and even in and extra
bedroom (Airbnb).What a super cool surf camp someone could develop!Or a "healthing"camp
-with yoga,massage,etc.
The KTIauea River Valley property owned by Charles Somers contains about 140 acres of open
district land.This acreage is also overlaid with Scenic and Resource Special Treatment District
zoning and by a conservation easement that extinguished a potential of 32 residential lots.1 fear
that even these layers of "protection"would not preclude commercial camping.
1 do have one caution.There are long established camping facilities for residents on the North
Shore and in other Open District land throughout Kaua'i.YMCA Camp Naue is one.These camps
serve families,students,halau,and other community groups.They are run by not for profit
organizations.We must ensure that these existing campgrounds will not be restricted by this
bill and that more such community camping facilities can be established on Open District lands
in the future.
1 am grateful to the Council Council for addressing the need to prohibit developed commercial
camping in the Open District.I hope the Planning Commission will approve this amendment to
the CZO.
Respectfully and with aloha,
Beryl Blaich
PO Box 1434
Kllauea,Hl 96754
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Claire Vierkoetter <kkw@hawaiiantel.net>
Monday,September 13,2021 7:49 AM
Planning Department
bill 2822
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
To:planningdepartment@kauai.gov
From:Claire Vierkoetter -47 year resident ofPrinceville
Re:I strongly support of Bill 2822 to maintain the open space that are currently ours,as residents,to enjoy.
AIoha Planning Commission,
I strongly support Bill 2822 which would restrict the use ofpermits for a campground on open space zoned
properties.Specifically,no glamping or extra hotel rooms on open space properties in Princeville and on the
entire island.
Thank you for considering this as 1 and many other residents treasure the open space as a way to breathe
fresh clean air,maintain current density,noise pollution,and security,as designed,and also to limit the traffic
congestion in our community and overcrowding on nearbybeaches,the walk/jog path,and neighborhood
roads which visitors frequently walk and jog on.
Mahalo nui
CIaire Vierkoetter
Sent from Mail for Windows
st This email has been checked for viruses by Avast antivirus software.
www.avast.com
^.^.0.p«-
10 SEP 1 4 2021
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Attachments:
teresa tico <haenagirl@gmail.com>
Monday,September 13,2021 8:23 AM
Planning Department
In Support of Bill 2822
SDCA_Ltr to KCC re-Bill 2044_20201124_0001.pdf
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
To the Kaua'i Planning Commissioners:
I am writing in support of Bill 2822 which will prohibit "commercial developed campgrounds"on Open and Ag zoned
space.Afterall,Kaua'i is known as the Garden Island and we should prioritize green space,open space corridors,and
parklands.Our scenic and open spaces are the reason visitors from around the world come to the island and the reason
residents can enjoya healthy,outdoor lifestyle.
The purpose of The Kaua'i Comprehensive Zoning Ordinance is "to promote development that is compatible with the
island's scenic beauty and environment and to preclude inadequate,harmful or disruptive conditions that may prove
detrimental to the social and economic well-being ofthe residents of Kaua'i."
Bill 2822 isentirelycompatiblewiththe Kaua'i CZOand protectsthe intentofthe CZO.
While some current developers believe Bill 2822 is aimed at preventing them from fulfilling their development
intentions,that is not the case.The County of Kauai has always endeavored to preserve open space.Over 17 years ago,
bill 2044 was before the County Council for consideration of similar concerns regarding open space.Unfortunately,the
bill was misplaced somewhere in the County coffers.Please see my attached letter to the County Council regarding Bill
2044.Bill 2822 is a necessary improvement over Bill 2044,and it is long overdue.Please pass the bill.Let's keep
Kaua'i Kaua'i.
Aloha,
Teresa Tico
P.0.Box220
Hanalei,Hl 96714
Tel.(808)639-9080
^r^.a l^
SEP 1 4 2021
c=^resa^^o
A t t o n y
November 24,2020
County Council Members
County of Kauai
4396 RiceSt.,Suite 201
Lihue,HI 96766
RE:Council Meeting,November 25,2020
Agenda Item E.3 Bill No.2044
Senl via email to:counciltestimony@council.gov
Dear Council Members:
I am writing on behalfofthe Sunset Drive Community Association at Princeville,County
ofHawaii,in regard to the above referenced agenda item.
We are requesting that you defer action or,alternatively,revise and resubmit the bill for
consideration.At the very least,your constituents deserve to know why this bill
disappeared from the agenda some seventeen (17)years ago,purportedly due to a clerical
error according to the Planning Director's memo dated June 26,2020.
Bill 2044 has a long history and the issues it addresses will not go away by deeming it
obsolete.As you may be aware,the landowner,Starwood Capital Group,has expressed a
desire to develop a portion of the subject property,the Woods Golf Course at Princeville,
into a 50 unit luxury camping resort.While that developer would be pleased to have the
draft bill disappear,allowing this action could be viewed as not being representative of
the will ofthe people nor the original intent ofthe Princeville developer,Eagle County
Development Corporation (ECDC),who represented for decades that the golf courses and
open space would remain greenbelt areas in perpetuity.Numerous property sales were
based upon that representation.Indeed,Princeville requested and received the benefit of
tax breaks.Based upon our archival research,we firmly believe the golfcourses and open
space areas were intended to remain in permanent open space.
Most likely you have not had the opportunity to read all of the public testimony from the
hearing on January 14,2003.It is worthy ofyour time and attention.The testimony gives
a broad picture ofhow Princeville Realty Corporation,a wholly owned subsidiary of
Princeville Corporation,marketed sales on its representations that the opens spaces and
golfcourses would always remain greenbelt areas.Speaker after speaker,some ofwhom
are no longer with us,testified they were shown topo maps and brochures that showed the
greenbelt areas,and how they were promised the greenbelts would remain in perpetuity.
P.0.Box 220
www.teresatico.com
A LAW CORPORATION
Hanalci,Hawaii 96714 808 639 9080 haenagirl@gmail.com
Kauai County Council
11/24/2020
page2
According to one testifier,the EIS for the Phase I Master Plan states that in regard to
Open zoned properties,the units available are "zero."The Phase I Subdivision
Agreement entered into between the County and EDCD required that all improvements
and utilities for the subdivision be completed by December 1971.No infrastructure was
provided for residential or commercial use in any ofthe greenbelt valleys or golfcourses.
The EIS shows the density for areas designated open as "zero."
Another speaker testified that Doug Hoyt,the attorney for ECDC,represented the golf
courses and open space areas in Phase I were "dedicated to green belt purposes.On
November 11,1971,he wrote to the County asking for a tax break on the open space
areas because "land which must be kept in Open space has little value."
While I don't wish to summarize every speaker's testimony,the written and verbal
testimony ofWalter Lewis (now deceased)is informative.According to Mr.Lewis,"All
buyers were told the green belt,golf course and parks would remain green forever."
I urge you to read the written testimony of Mr.Lewis,starting on page 4 1 of the public
hearing transcript you were provided.
As Mr.Lewis wrote in his 2003 testimony,"Ifthe corporation now claims that it wants
the right to engorge its revenues by selling or improving the property it said it would
never seek to develop,its conduct is outrageous and every property owner in Princeville
can and should vigorously object to the unconscionable position that the corporation is
taking."
The problem is,since 2003,the golfcourse has been sold,apparently without the buyers
knowing ECDC intended and represented that it remain a greenbelt in perpetuity.Or,
perhaps the disclosure was made and the current owner chose to hire some smart lawyers
to find a loophole that would allow them to dishonor the original intent and profit off
opportunistic legal arguments.
The argument ofthe developer's attorney in 2003,that the golfcourse should be
developed because it is zoned Open and the Princeville property owners recourse is to sue
ECDC for damages,is specious.On the contrary,ECDC acted disingenuously when it
failed to disclose to the golf course buyers that the greenbelts were always intended to
remain greenbelt,in perpetuity.The golfcourse and open spaces should remain in
greenbelt and the golfcourse buyers are the ones who should sue for damages if,indeed,
the disclosure was not made.
Kauai County Council
11/24/2020
page3
However you look at the issue,it should be the original intent ofthe developer that
prevails.The original intention,clearly,was to provide a balance ofdensity with open
space—550acres ofdensity and 450 acres ofgreenbelt in perpetuity.Princeville was
marketed upon this premise.The reputation of Princeville was built upon this promise.
As one ofthe 2003 speakers said,"I bought there because ofthe glamour ofthe lovely
open spaces and was assured they would remain so."
We do not believe bill 2044 is the equivalent ofa zoning amendment.We believe it was
intended to clarify the original intended zoning density despite the Open zoning
designation (that is another matter to be investigated as many believe the zoning was the
result of'a draftsman's oversight").In a June 14,2002,Memorandum to Council
Members,then Chair Ron Kouchi wrote about the proposed bill 2044,"The purpose of
this proposed bill is to clarify that CZO "Open"District designations within the original
Princeville Phase I development (Phase I)were not intended to carry any residential
density."
We respectfully request that you defer action on the disposition ofbill 2044 or,
alternatively,revise and resubmit it for reconsideration.
Thank you for your consideration.
Sincerely,
L ^t i s^-
Teresa Tico
)1 <—>
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Attachments:
Eric Taniguchi <etaniguchient@gmail.com>
Monday,September 13,2021 9:35 AM
Planning Department
Michael Kaplan Case For Tuesday September 14,2021;Planning Commission Agenda.
2021-09-13_092636.pdf
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X \.G.
SEPH
@
September13,2021
Good Morning Commissioners,
My name is Eric Taniguchi and 1 want to thank you for allowing me to provide written testimony
on the Michael Kaplan case.
On May 11,2021I gave oral testimony of myself and my ohana's direct connection to this
kuleana awarded to Naiamaneo in January 1848.
1 also testified about speaking to my family member and his personal experience concerning the
birthing stone on the Kuleana that the landscape contractor admitted to removing and later
denying he did in his written testimony.
In that meeting on May 11,2021 a witness for Michael Kaplan named Hope Kalai gave oral
testimony and said she knows of a birthing stone on the Kuleana and believes it's still there.
After the hearing 1 was sued by Kaplan and his attorneys for my truthful and honest testimony.
They want to make an example out of me to disencourage future testimony.
Dawn Chang was hired by Kaplan to create a written assessnnent related to Native Hawaiian
traditional and customary practices,but as of 8:30 Am this morning has not contacted Lance Fu
or any of his family members about the birthing stone to include in her report because he is one
of Kaplan's neighbors with firsthand knowledge.
Thank you Commissioners for your time.
Sincerely,
Eric Taniguchi
CADESSCHUTTE
A Limited Liability Law Partnership
MAUNA KEA TRASK
3135 Akahi Street, Suite A
Lilm'e, Hawai'i 96766
Telephone: (808) 521-9297
8418-0
Attorney for Petitioners-Interveners
WEST SUNSET 32 PHASE 1, LLC;
CHARLES SOMERS, as Trustee of the
Charles Somers Living Trust;
CS DEVELOPMENT LLC;
and CHARLES SOMERS, Individually
BEFORE THE PLANNING COMMISSION
OFTHE
COUNTY OF KAUA'I
In the Matter of the Application
Of
MICHAEL KAPLAN, Trustee of the Michael A.
Kaplan Revocable Trust, date August 12, 1992
as amended and restated by instrument dated
July 16, 2017, affecting real property located at
Kahili Ahupua' a, Hanalei, Island and County of
Kauai, State of Hawaii, more particularly
identified as Tax Key No. (4) 5-2-012:019, and
containing an area of 32,034 sq. ft., more or less.
USE PERMIT NO. U-2021-7; CLASS IV
ZONING PERMIT NO. Z-IV-2021-8
PETITION FOR INTERVENTION;
DECLARATION OF CHARLES SOMERS;
DECLARATION OF COUNSEL;
EXHIBITS "1" -"17";
CERTIFICATE OF SERVICE
Planning Commission Meeting:
Date: September 14, 2021
Time: 9:00 a.m.
Place: Lihue Civic Center, Moikeha Building
Meeting Rooms 2A and 28
4444 Rice Street
Lihue, Hawai 'i
PETITION FOR INTERVENTION
WEST SUNSET 32 PHASE 1, LLC; CHARLES SOMERS, as Trustee of the Charles
Somers Living Trust; CS DEVELOPMENT LLC; and CHARLES SOMERS, Individually
(collectively "Somers"), by and through his undersigned attorneys hereby submit this Petition
for Intervention and move to be admitted parties to the County of Kaua'i Planning Commission
("Commission") proceedings relating to the application for Use Permit U-2021-7 and Class IV
Zoning Pennit Z-IV-2021-8 (the "Application"), Tax Map Key ("TMK") (4) 5-2-012:019
Kahili Ahupua'a, Hanalei, Island and County ofKaua'i, by MICHAEL KAPLAN, Trustee of the
Michael A. Kaplan Revocable Trust, date August 12, 1992 as amended and restated by
instrument dated July 16, 2017 ("Kaplan"). Somers requests that a contested case hearing be
held with respect to the Application.
This Petition is brought pursuant to the Kaua'i County Planning Commission Rules of
Practice and Procedure, ("Planning Commission Rules") Ch. 4 et. seq., Hawai'i Revised
Statutes ("HRS") Ch. 205A, the Special Management Area Rules and Regulations of the County
of Kauai ("SMA Rules") and Title IV, Chapter 8 of the Comprehensive Zoning Ordinance
("CZO"), et. seq.
I. HISTORY OF KAPLAN'S DEVELOPMENT.
Kaplan is seeking to complete the construction of a single family residence on TMK No.
(4) 5-2-012:019 (the "Kuleana Lot"). The development of the single family residence is
actually pa11 of a larger development that has been the subject of litigation between Kaplan,
Somers and the County since 2019. The Honorable Judge Watanabe's Findings of Fact,
Conclusions of Law, and Decision and Order ("Order") are attached hereto and describe the
history of the Development, relevant portions of which are stated below. Exhibit ("Ex.") 1.
Kaplan purchased the Kuleana Lot and a neighboring lot identified as TMK No.
(4) 5-2-021 :041-0001 (por.) ("Parcel 41") (together the "Subject Properties") from the
Hendrikus Group, LLC ("Hendrikus") in October of 2018. Ex. 1 at Findings of Fact ("FOF")
if9. Prior to Hendrikus' tenure, the Subject Properties were owned by Arthur M. Saunders
("Saunders") who constructed four (4) separate, eight-sided, single-room structures within the
2
Subject Properties (the "Saunders Development"). Ex. 1 at FOF ,r26. The entirety of the
Saunders Development was constructed without any of the required Special Management Area
("SMA") permits, land use permits, zoning permits, or building permits. Ex. 1 at FOF ,r29.
Hendrikus purchased the Subject Properties from Saunders with knowledge of the
Saunders zoning violations. Ex. 1 at FOF ,r30. On July 15, 2010, Hendrikus submitted a Special
Management Area Pem1it Assessment and Application & Class IV Zoning Permit Application
for a development containing three (3) parts: (1) proposed structures for the Kuleana;
(2) proposed structures for Parcel 41; and (3) an Archaeological & Agricultural restoration
project (the "Hendrikus Development"). Ex. 1 at FOF ,r3 I. Hendrikus' area of development is
identified as the "Project Area" and included all of the Kuleana Lot, a portion of Parcel 41, and
incorporates acreage on Somers Property and neighboring Lot 4. Ex. 1 at FOF ,r1 1. The Project
Area comprises a total of 9.848-acres and is described as "a historic agricultural and
archaeological complex of terraced pond fields and associated rock walls", and is significant for
its archaeological, agricultural, historic, and natural features. Ex. 1 at FOF ,r12. Through his
permit application, Hendrikus desired to rectify the known zoning violations on the Subject
Properties. Ex. 1 at FOF ,r32.
During hearing on Hendrikus' application, Kilauea resident Maka'ala Ka'aumoana
("Ka'aumoana") testified that the Hendrikus development was in an active area for traditional
activities and gatherings, and that the quality of the in-stream resources of Kilauea Stream is
important for people's rights. Ex. 1 at FOF ,r40. Ka'aumoana indicated that including a water
quality testing condition in the Hendrikus pennits was important so that the impact to the
Kilauea stream as a public trust resource was known. Ex. 1 at FOF ,r41. On September 29,
2010, per approval by the Commission, the Planning Director issued Special Management Area
3
Use Permit SMA (U) 2011-1, Class IV Zoning Permit Z-IV-2011-1, and Use Permit U-2011-1
(the "Hendrikus Permits") to Hendrikus for construction of new single family residence,
accessory agricultural storage and office structure, development of irrigation well, accessory
photovoltaic installation, demolition of structure and archaeological restoration of historical
auwai, rock walls, and terraces, subject to ten (10) conditions. Ex. 1 at FOF i/44. Ka'aumoana's
request for water quality testing was included in Hendrikus' pennit as condition 10. Ex. 1 at
FOFi!43.
On or about March 29, 2019, Kaplan submitted a letter application (the "Kaplan
Application") to the Commission asking for: 1) a two year continuance to complete the work
approved in the Hendrikus Permits; and 2) Commission approval to modify the design of the
previously approved single-family residence. Ex. I at FOF if46. The alterations proposed by
Kaplan included, inter alia, increasing the interior living area of the single-family residence from
2,098 sq. ft. to 2,353 sq. ft. Ex. 1 at FOF if47. Although it was not discussed before the
Commission on April 23, 2019, whereas the original single-family residence proposed by
Hendrikus was to be of a less intrusive post and pier construction, Kaplan changed his design to
a more intrusive concrete foundation. Hendrikus' previous archaeological studies were based
upon the understanding that the proposed house will be of post and pier construction.
Application, Ex. K at 1 and 40.
At its Ap1il 23, 2019 meeting, after a brief presentation by the Planning Department and
Kaplan's representatives, the Commission approved Kaplan's application for an extension of
time and modification of the design of the single-family residence. Ex. 1 at FOF i/66.
On May 21, 2019, Somers filed a Petition for the Revocation of Special Management
Area Use Pennit SMA (U) 2011-1; Class IV Zoning Pennit Z-IV-2011; Use Permit U-2011.
4
Ex. I at FOF ,r70. On June 27, 2019, the Commission issued its written decision denying
Somers' Petition for Revocation. Ex. I at FOF if87. Somers appealed the KCPC's decision to
the Fifth Circuit Court, Honorable Judge Kathleen Watanabe presiding.
On June 9, 2020 Judge Watanabe issued her Findings of Fact, Conclusions of Law, and
Decision & Order, and ordered the following:
(A) Special Management Area Use Pennit SMA (U) 2011-1; Class IV Zoning
Pennit Z-IV-2011-1, and Use Permit (U) 2011-1 lapsed on September 28,
2012 and are deemed to be no longer in effect and no further
development shall proceed under the authority of the Subject Permits;
(B) This matter is remanded to the Planning Department with instructions to
find that Kaplan's request for the construction of a farm dwelling unit
in addition to the pre-existing development on the Subject Property,
and amendment to modify the design of the previously permitted single
family residence requires a Use Permit pursuant to Chapter 8-11.3 of the
Kauai County Code, a Class IV Zoning Permit pursuant to Chapter 8-11.3 of
the Kauai County Code, and constitutes "Development" pursuant to HRS
205A-22 and SMA Rule 1.4 F, thus requiring a SMA Use Permit as
defined in SMA Rule 7.3 C;
(C) The Director shall infonn Kaplan of, and the KCPC, the Planning
Department, and Kaplan shall comply with the following requirements
pursuant to SMA Rule 7.3 C (a) -(d): the requirement of an application
pursuant to SMA Rule 8.0, the public hearing requirements pursuant to
SMA Rule 9.0, the Planning Commission's requirements for action
pursuant to SMA Rule 10.0, and the area of critical concern to delineate
the scope of information which the applicant must address; and
(D) Kaplan's request for Development shall not be approved unless the
Director or Planning Commission has first made the requisite findings
pursuant to HRS § 205A-26 (2) (A) -(C) and SMA Rule 4.0 B (1) -(3)
after conducting a public hearing and any other necessary hearings
pursuant to HRS Ch. 205A, the SMA Rules of the County of Kauai, and the
RPPPC, consistent with this Court's Findings of Fact, Conclusions of Law,
and Decision and Order
Ex. I at 43-44.
This case is cmTently on appeal before the Supreme Court of the State of Hawaii,
Intennediate Court of Appeals.
5
Despite the Circuit Court's Order, on or about February 11, 2021, the Department
allowed Kaplan to apply for a Use Permit and Class IV Zoning permit to allow for the
construction of a fa1m dwelling unit on his property without requiring a SMA permit. Ex. 2. The
Department acknowledged that this development was the same development that was covered by
the Circuit Court Order. Ex. 2 at 3. Nonetheless, the Department ignored the fact that Kaplan's
house was part of a larger development and incorrectly concluded that a SMA Permit was
unnecessary because the Application represented the construction of the first residence on a
parcel in violation of state and county law and the Circuit Court Order. Ex. 2 at 5. The
Commission denied Kaplan's Application on May 11, 2021. Ex. 3.
Pursuant to CZO § 8-3.2(g) when a Use Permit application is denied by the Planning
Commission, an application for a Use Permit involving the same or substantially similar
construction, development, activity or use may not be filed sooner than six ( 6) months following
the denial. Nonetheless, Kaplan and the Department are trying to covertly run around the CZO
and are now attempting to circumvent the six month re-application prohibition via a secret
settlement agreement. It appears that the terms of this secret agreement concern a recent
consultant report involving a purported Kapa 'a Kai analysis by Kaplan's consultant. Kaplan and
the Department have not provided Public Hearing Notice about the consultant report or the fact
that Kaplan's Use permit and Class IV zoning permit application is even before the Planning
Commission. And although nowhere on the Commission's agenda does it state that Kaplan's
Application is up for approval, within the Director's Supplemental Report #1 it appears that
indeed the Planning Commission is being infonned that it may approve Kaplan's Permit
Application. However, no basis is provided explaining how this is legal under the CZO or
indeed any state or county law. See, Supplemental Director's Report #1 at 2.
6
II. NATURE AND EXTENT OF SOMERS' INTEREST.
Somers is a landowner and part-time resident within the ahupua'a of Kilauea and Kahili.
Declaration of Charles M. Somers ("Somers Dec.") at if4. Somers uses his properties, the
Kilauea stream and the beach and coastal areas of Kahili and Kilauea for recreational activities,
including but not limited to swimming, snorkeling, paddling, walking, picnicking, fishing hiking
and the like, as well as for exercise and meditative and spiritual renewal. Id. at ,is. Somers is
married and has four children; his family also uses these areas for the same purposes. Id. at i)6.
Somers has an abiding respect for Native Hawaiian history and culture and advocates for the
preservation and protection of Native Hawaiian historic sites. Id. at i)7. Somers has a right to a
clean and healthful environment pursuant to Article 11, Section 9 of the Hawaii State
Constitution.
Somers owns eleven (11) properties in and around the Kilauea valley, ten (10) of which
are located within or paiiially within the SMA. Id. at irs. The properties are identified as TMK
Nos.: (4) 5-1-005-017:0003; (4) 5-1-005-016:0002; (4) 5-2-012-035; (4) 5-2-021-007:0004;
(4) 5-2-004-097:0001; (4) 5-2-004-047:0002; (4) 5-2-004-047:0001; (4) 5-2-021-006:0005;
(4) 5-2-012-009:0004; (4) 5-2-012-015:0003; and (4) 5-2-012-015:0002. Id. Out of these eleven
(11) properties five (5) will be directly, significantly and negatively affected by Kaplan's
proposed development; they are: (4) 5-2-012-035 (Ex. 4); (4) 5-2-021-007:0004 (Ex. 5);
(4) 5-2-021-006:0005 (Ex. 6); (4) 5-2-012-009:0004 (Ex. 7); and (4) 5-2-012-015:0003 (Ex. 9).
Id. at if9. However, Somers reserves the right to amend this Petition upon discovery of evidence
that Kaplan's development may affect his other properties as well.
TMK No. (4) 5-2-012:035 ("Parcel 35") is approximately 162 acres and is directly
adjacent to and abuts the Kuleana Lot. Ex. 9. Parcel 35 is encumbered by two (2) conservation
7
easements, identified herein as "C-1" and "C-2". Ex. 10. Somers is the "Owner" of these
conservation easements and the Hawaiian Land Trust ("HILT") is the "Holder" of the
conservation easements. The purpose of C-1 is to establish and maintain forever the
"Conservation Values" of the Easement Area, which are:
Id.
a) Water and Wetland Resources -protect the quality of water
resources within or in the vicinity of the Easement Area, including
protect the quality of wetlands, including the habitat they provide
for endangered water birds;
b) Archaeological Resources -protect Native Hawaiian
archaeological resources, which have been identified in the
Baseline Documentation or are identified or discovered
subsequent! y;
c) Indigenous Wildlife Resources -protect intact areas of
indigenous wildlife habitat, including endangered species;
d) To the extent not in conflict with the Water and Wetlands
Resources, Archaeological Resources, and Wildlife Resources,
Scenic Resources -protect scenic vistas visible from public rights-
of-way and other public access points in the vicinity of the
Property; and
e) To the extent not in conflict with the Water and Wetlands
Resources, Archaeological Resources, and Wildlife Resources,
Agricultural Resources -protect and preserve land suitable for
agricultural uses, including agroforestry uses.
A portion of Kaplan's project area is within a portion of Somers' property encumbered by
C-1 and is purportedly subject to the tenns and conditions of easement GU-4 ("GU-4") as
described in the Declaration of Exclusive Use Easement, dated February 5, 2003, and recorded
April 29, 2003 as Doc. No. 2003-078712. Ex. 11. However, Easement GU-4 was not validly
created, is void ab initio and as such, a portion of Kaplan's project area is directly within Parcel
35 and within C-1.
8
Kaplan's development will change existing drainage patterns, cause harmful
environmental consequences to the Kilauea Stream and significantly and adversely affect Parcel
3 5 and the Conservation Values of C-1, and will hinder, impede, impair and/ or prevent the use
and enjoyment of Somers' property by Somers and his family, including but not limited to, the
quiet enjoyment, ownership, control, use, maintenance or development of Somers' property.
Somers Dec. at ,r10.
TMK No. (4) 5-2-021-007:0004 ("Parcel 7-Unit 4") is located on the Kilauea stream
downstream from Kaplan's development (Ex. 12) and will be significantly and adversely
affected by erosion, pollution, runoff, and other detrimental environmental effects caused by
Kaplan's development. Somers Dec. at iil 1. TMK No. (4) 5-2-021-006:0005 ("Parcel 6-Unit
5") is located on the Kilauea stream downstream from Kaplan's development (Ex. 13) and will
be significantly and adversely affected by erosion, pollution, runoff, and other detrimental
environmental effects caused by Kaplan's development. Somers Dec. at i}12. TMK No. (4) 5-2-
012-009:0004 ("Parcel 9-Unit 4") is located on the northwest rim of Kilauea valley (Ex. 16) and
possesses valuable scenic resources which are significantly and adversely affected by Kaplan's
development. Somers Dec. at i}l3. TMK No. (4) 5-2-012-015:0003 ("Parcel 15-Unit 3") is also
located on the northwest rim of Kilauea valley (Ex. 15) and possesses valuable scenic resources
which are significantly and adversely affected by Kaplan's development. Somers Dec. at i}l4.
More recent pictures depicting the Development as viewed from Somers' properties on the
north-western rim of Kilauea valley are attached hereto as Ex. 16.
HI. THE NATURE OF SOMERS' STATUTORY OR OTHER RIGHT.
The nature of Somers' statutory or other rights to intervene are based upon environmental
concerns, historical and cultural concerns, and concerns of a neighboring landowner. Somers has
9
a real and sincere interest in protecting and maintaining the quality of the environment within the
Kilauea valley and has a direct interest in ensuring that the special controls on development
within the SMA are strictly and carefully applied to all developments in this area. Somers Dec.
at if 15. Somers also has a direct interest in ensuring that the tenets of CZO Article 9, Open
Districts, and CZO Article 11, Special Treatment Districts, are carefully applied to all
developments in this area. As a person who, along with his family, uses and has an interest in
protecting the enviromnent and the natural, cultural and historic resources of the Kilauea valley,
and as an adjoining landowner whose property partially lies within Kaplan's project area, Somers
is directly and immediately affected by the Application such that his interest in this proceeding is
clearly distinguishable from that of the general public.
The court has adopted very liberal guiding tenets concerning standing in environmental
cases and has said that such requirements should not be barriers to justice. See Life of the Land v.
Land Use Commission, 63 Haw. 166, 171, 623 P .2d 431, 43 8 ( 1981 ). The standing of adjoining
or nearby property owners to ensure environmental protections in land use proceedings is a
settled issue under Hawaii law. See, East Diamond Head Association v. Zoning Board of
Appeals, 52 Haw. 518,479 P.2d 796 (1971) (holding landowners whose land adjoined land
subject to a zoning variance were "persons aggrieved" under HRS§ 91-14); Dalton v. City and
County ofHonolulu, 51 Haw. 400,462 P.2d 199 (1969) (concluding that "residing in very close
proximity" to a proposed high-rise apartment was sufficient to confer standing and thus sufficient
to establish a "concrete interest" in a "legal relation" subject to protection); and Waianae Model
Neighborhood Assoc., Inc. v. City and County of Honolulu, 55 Haw. 40,514 P.2d 861 (1973)
(granting standing to an organization whose members resided "within the area" of a proposed
apartment hotel).
10
Concerning the issue of standing, the circuit court has found that Somers clearly
established his "interest in the land" in the circuit court appeal as Kaplan's project area is within
a p011ion of Somers' Property. Ex. 1 at Conclusion of Law ("COL") i144. The Comi further
determined that denial of Somers' Petition denied him of his right and duty to preserve and
maintain the Conservation Values of the Easement Area within C-1 and to prevent any use of the
Easement Area that will significantly impair or interfere with its resources, which may result in
sanctions and adversarial action taken against Somers by HILT, and constitutes an "injury in
fact". Ex. 1 at COL 147.
IV. THE SPECIFIC ISSUES TO BE RAISED IN CONTESTED CASE.
Somers intends to raise the following issues in contested case; however, Somers reserves
the right to amend this Petition upon discovery of evidence that Kaplan's Application raises
other issues not ctmently contained therein.
1. whether the construction of the single family farm dwelling unit as
described in the Application is "development" as defined by HRS §205A-
22 and SMA Rule l.4F, and court order, thus requiring a SMA Use
Permit;
2. whether a notice of the hearing is required under HRS§ 205A-29 and
County SMA Rules and the CZO;
3. whether the proposed development may have significant adverse
environmental or other impacts, including impacts to Native Hawaiian
historic sites and cultural resources;
4. whether the proposed development may have a significant adverse effect
on Somers' adjoining properties;
5. whether there are modifications and/or conditions which could mitigate
adverse impacts on the enviromnent and on Somers;
6. whether the construction of the single-family structure complies with the
purpose of the Use Permit procedure in CZO § 8-3.2 to assure the proper
integration into the community of uses which may be suitable only in
specific locations in a district, or only under certain conditions, or only if
11
the uses are designed, arranged or conducted in a particular manner, and to
prohibit such uses if the proper integration cannot be assured;
7. whether the development complies with the Kauai County General Plan;
8. whether the development complies with the North Shore Development
Plan Ordinance;
9. whether the development complies with the purpose of the County of
Kauai Open (0) zoning district as provided in CZO § 8-9.1 et. seq.;
10. whether the development complies with the purpose of the State Land Use
Commission Agricultural District;
11. whether the development complies with the purposes and requirements of
the Special Treatment, Scenic/Ecologic Resources District ("ST-R") as
described in CZO §§ 8-11.1, 8-l l.2(c), and 8-11.5 et. seq.; and
12. whether the consultant report dated August 24, 2021 prepared by Dawn
N.S. Chang contains an accurate and sufficient analysis of the impact the
development could have on Native Hawaiian customary and traditional
practices as required under Ka Pa 'akai O Ka 'Aina v. Land Use Com 'n,
State of Hawaii, 94 Haw. 31, 7 P.3d 1068 (2000).
13. whether HRS Ch. 205A, County SMA Rules and/or the CZO allow for the
approval of a permit application via secret settlement agreement after said
application had been denied only four (4) months prior.
V. THE EFFECTS OF ANY DECISION ON SOMERS' INTERESTS.
Somers and Kaplan have been litigating issues concerning the environment and land use
and development relating to this specific development for nearly two years and, as provided
supra, the Comt has already found that Somers has standing as an "interested person" to
participate in the land use and development process with regard to development on Kaplan's
property. Further, the court ruled that failure to allow Somers to participate in the land use and
development process with regard to development on Kaplan's property denies him of his right
and duty to preserve and maintain the Conservation Values of the Easement Area within C-1 and
to prevent any use of the Easement Area that will significantly impair or interfere with its
resources, which may result in sanctions and adversarial action taken against Somers by HILT,
12
and constitutes an "injury in fact." Somers will be further injured ifhe is not able to intervene
and participate in a contested case hearing regarding this application because it pertains to the
same development that has been repeatedly denied by the courts and the Commission.
Granting Kaplan's Application would significantly adversely affect Somers' interest in
protecting the conservation values of C-1 which lies within Kaplan's project area. Somers Dec.
at ir10. Grading, grubbing and landscaping in and around the Kuleana Lot as part of the
Development will cause erosion, runoff, and pollution to enter the Kilauea stream, significantly
adversely impacting Somers' property interests in Parcel 35, Parcel 7-Unit 4, and
Parcel 6-Unit 5. Further, allowing the Development will significantly adversely impact Somers'
view and scenic resources from Parcel 35, Parcel 9-Unit 4, and Parcel 5-Unit 3.
Granting Kaplan's Application will significantly adversely affect Somers' interests in a
clean and healthful environment, and his use of his properties and the Kilauea stream and the
beach and coastal areas of Kahili and Kilauea for recreational activities, including but not limited
to swimming, snorkeling, paddling, walking, picnicking, fishing hiking and the like, as well as
for exercise and meditative and spiritual renewal. Somers Dec. at ,rt 8.
Finally, granting Kaplan's Application will significantly and adversely affects Somers'
interests in protecting and preserving Native Hawaiian cultural and historic resources throughout
the KIiauea valley. Somers Dec. at if19. Originally, Clark and Rechtman (2010) conducted an
archaeological inventory survey ("AIS") of the Kuleana Lot for Hendrikus. Application at
Ex. K. They documented nine fields or portions of fields of Site 2011, which were mapped in
detail and subject to backhoe testing. Ex. 17 at 2. Site 2011 was assessed as significant under
Criterion d and recommended for no further work within the subject parcel. Id. SHPD
conctmed and accepted the report in a letter dated April 5, 2010 (Log No. 2010.0523, Doc. No.
13
1003MV03). Id. However, Hendrikus' previous archaeological studies and adverse impact
assessments were based upon a differently designed single-family residence with a post and pier
foundation. Application, Ex. K at 1 and 40.
Subsequently, Clark et al. (2011) conducted an AIS of approximately roughly 21 acres,
belonging to the same landowner, including TMK: (4) 5-2-021 :041 and portions of TMK:
(4) 5-2-012:035 and (4) 5-2-021 :004. Ex. 15 at 2. They documented an 'auwai (ditch) and 60
additional terraced fields of Site 2011 within TMK: (4) 5-2-021:041. Id. Although archival
documents suggest that Site 2011 was used for rice and vegetable cultivation during the late
nineteenth and early twentieth centuries, it is clear that the rice fields were built upon an earlier
kula and lo 'i agiicultural system that was present at the time of the Great Mahe le. Id.
Kaplan's most recent analysis contained in the consultant report dated August 24, 2021
prepared by Dawn N.S. Chang fails to adequately acknowledge the significance of the Native
Hawaiian historic and cultural resources on the Kuleana Lot and neighboring prope1iies.
Further, Kaplan has never analyzed the significant adverse effect that a graded concrete
foundation would have on this significant historic site. Instead, Kaplan and his consultant(s)
continue to improperly rely on a decades old analysis involving a single-family residence resting
on a post and pier foundation.
VI. OTHER MATTERS TO CONSIDER.
Somers' environmental concerns and his interests as the owner of numerous other
properties within and around the Kilauea valley are unique and are not represented by other
parties to the proceeding or the public. Somers participation will assist the Commission in
assessing the potential impacts of the development on the SMA and the Open/ST-R zoning
districts, and on the Kilauea valley in general.
14
Somers will assist the Commission in developing a complete record as Kaplan will be
required to present evidence in support of his applications in a complete and rigorous manner.
Somers will examine witnesses offered by Kaplan, and Somers will offer evidence and exhibits
in support of his own position.
Somers' involvement will not delay the proceeding because Somers has a legal right to
request intervention in this proceeding and to participate in contested case hearing.
VU. CONCLUSION.
Based on the foregoing, Somers respectfully requests he be allowed to intervene in this
proceeding and that the Commission initiate contested case hearing procedures.
DATED: Lihu'e, Hawaii, September _:l, 2021.
CADES SCHUTTE LLP
------
Attorney for Petitioners-Interveners
WEST SUNSET 32 PHASE 1, LLC;
CHARLES SOMERS, as Trustee of the
Charles Somers Living Trust;
CS DEVELOPMENT LLC;
and CHARLES SOMERS, Individually
15
BEFORE THE PLANNING COMMISSION
OF THE
COUNTY OF KAUA'I
In the Matter of the Application
Of
MICHAEL KAPLAN, Trustee of the Michael A.
Kaplan Revocable Trust, date August 12, 1992
as amended and restated by instrument dated
July 16, 2017, affecting real property located at
Kahili Ahupua' a, Hanalei, Island and County of
Kauai, State of Hawaii, more particularly
identified as Tax Key No. (4) 5-2-012:019, and
containing an area of 32,034 sq. ft., more or less.
USE PERMIT NO. U-2021-7; CLASS IV
ZONING PERMIT NO. Z-IV-2021-8
DECLARATION OF CHARLES SOMERS
DECLARATION OF CHARLES M. SOMERS
I, CHARLES M. SOMERS, declare as follows:
1. My name is Charles Michael Somers.
2. I am the beneficial owner of WEST SUNSET 32 PHASE 1, LLC; The
Charles Somers Living Trust; and CS DEVELOPMENT LLC.
3. I am familiar with the Kaplan properties identified as TMK Nos.
(4) 5-2-012:019 ("Kuleana Lot") and (4) 5-2-021:041-0001 (por.) ("Parcel 41") (collectively
the "Subject Properties").
4. I am a landowner and paii-time resident within the ahupua'a of Kilauea
and Kahili.
5. I use my properties, the Kilauea stream and the beach and coastal areas of
Kahili and Kilauea for recreational activities, including but not limited to swimming, snorkeling,
paddling, walking, picnicking, fishing hiking and the like, as well as for exercise and meditative
and spiritual renewal.
6. I am married and have four children. My family also uses these areas for
the same purposes.
7. I have an abiding respect for Native Hawaiian history and culture and I
advocate for the preservation and protection of Native Hawaiian historic sites.
8. I own eleven (11) prope1iies in and around the Kilauea valley, ten (10) of
which are located within or partially within the SMA. These prope1iies are identified as TMK
Nos.: (4) 5-1-005-017:0003; (4) 5-1-005-016:0002; (4) 5-2-012-035; (4) 5-2-021-007:0004;
(4) 5-2-004-097:0001; (4) 5-2-004-047:0002; (4) 5-2-004-047:0001; (4) 5-2-021-006:0005;
(4) 5-2-012-009:0004; (4) 5-2-012-015:0003; and (4) 5-2-012-015:0002.
9. Out of these eleven (11) properties five (5) will be directly, significantly
and negatively affected by Kaplan's proposed development; they are: (4) 5-2-012-035 ("Parcel
35"); (4) 5-2-021-007:0004 ("Parcel 7-Unit 4"); (4) 5-2-021-006:0005 ("Parcel 6-Unit 5");
(4) 5-2-012-009:0004 ("Parcel 9-Unit 4"); and (4) 5-2-012-015:0003 ("Parcel 15-Unit 3").
10. A portion of Kaplan's project area is within a portion of Parcel 35
encumbered by conservation easement C-1 and is subject to the tenns and conditions of
easement GU-4. Kaplan's development will change existing drainage patterns, cause haimful
environmental consequences to the Kilauea Stream and significantly and adversely affect the
Conservations Values of C-1, and will hinder, impede, impair and/or prevent me from using and
enjoying my property, including but not limited to, the quiet enjoyment, ownership, control, use,
maintenance or development of my property.
11. Parcel 7-Unit 4 is located on the Kilauea stream downstream from
Kaplan's development and will be significantly and adversely affected by erosion, pollution,
runoff: or other detrimental environmental effects caused by Kaplan's development.
2
12. Parcel 6-Unit 5 is located on the Kilauea stream downstream from
Kaplan's development and will be significantly and adversely affected by erosion, pollution,
runoff, or other detrimental environmental effects caused by Kaplan's development.
13. Parcel 9-Unit 4 is located on the northwest rim of Kilauea valley and
possesses valuable scenic resources which are significantly and adversely affected by Kaplan's
development.
14. Parcel 15-Unit 3 is also located on the northwest rim of Kilauea valley and
possesses valuable scenic resources which are significantly and adversely affected by Kaplan's
development.
15. I am sincerely interested in protecting and maintaining the quality of the
environment within the Kilauea valley, and I have a direct interest in ensuring that the special
controls on development within the SMA and the tenets of CZO Articles 9 and 11 are strictly and
carefully applied to all developments in this area.
16. I have put significant amounts of my personal resources towards
preserving and protecting the Kilauea valley and all of its coastal resources.
17. I support numerous local community groups and North Shore non-profits
because I believe that those who have the resources should contribute to and take care of the
community they live in.
18. Granting Kaplan's Application would significantly and adversely affect
my interests in a clean and healthful environment, and the use and enjoyment of my properties
and the Kilauea stream and the beach and coastal areas of Kahili and Kilauea for recreational
activities, including but not limited to swimming, snorkeling, paddling, walking, picnicking,
fishing hiking and the like, as well as for exercise and meditative and spiritual renewal.
3
19. Granting Kaplan's Application will significantly and adversely affect my
interests in protecting and preserving Native Hawaiian cultural and historic resources throughout
the Kilauea valley. When I went through the permitting process for my home , I initially agreed
to withdraw my firs t application to better study and understand the historic and cultural resources
on Parcel 35. Subsequently, I ensured that none of the development of Parcel 35 would occur
anywhere near the historic sites on my property. However, it is my understanding that Kaplan is
building his house within the largest single pre-historic taro field complex in the ahupua'a of
Kilauea and Kahili. It is a travesty that Kaplan's dev elopment can proceed to construct his
single-family residence without adequately studying the effect it will have on this significant
historic resource and without adequate safeguards to preserve and protect this priceless historic
and cultural site.
I declare under penalty of perjury under the laws of the State ofHawai 'i that the
foregoing is true and correct to the best of my knowledge.
DATED: Lihu'e, Hawai'i, April 2...,2021.
4
BEFORE THE PLANNING COMMISSION
OF THE
COUNTY OF KAUA'I
In the Matter of the Application
Of
MICHAEL KAPLAN, Trustee of the Michael A.
Kaplan Revocable Trust, date August 12, 1992
as amended and restated by instrument dated
July 16, 2017, affecting real property located at
Kahili Ahupua'a, Hanalei, Island and County of
Kauai, State of Hawaii, more particularly
identified as Tax Key No. (4) 5-2-012:019, and
containing an area of 32,034 sq. ft., more or less.
USE PERMIT NO. U-2021-7; CLASS IV
ZONING PERMIT NO. Z-IV-2021-8
DECLARATION OF COUNSEL
I, MAUNA KEA TRASK, declare as follows:
1. I am an attorney with Cades Schutte LLP, attorneys for Petitioners-
Interveners WEST SUNSET 32 PHASE 1, LLC; CHARLES SOMERS, as Trustee of the
Charles Somers Living Trust; CS DEVELOPMENT LLC; and CHARLES SOMERS,
Individually. Unless otherwise stated, I make this declaration based on personal knowledge.
2. Attached hereto as Exhibit "l" is a true and accurate copy of the Fifth
Circuit Court's Findings of Fact, Conclusions of Law, and Decision and Order in Civil No.
5CC191000105, dated June 9, 2020.
3. Attached as Exhibit "2" is a true and accurate copy of the County of Kauai
Planning Department Director's Report dated March 23, 2021 regarding Michael Kaplan's
Application for Class IV Zoning Permit Z-IV-2021-8 and Use Pe1mit U-2021-7.
4. Attached as Exhibit "3" is a true and accurate copy of the Decision and
Order of the Planning Commission In the Matter of: An Application for Class IV Zoning Permit
Z-IV-2021-8 and Use Pennit U-2021-7, Michael Kaplan, Trustee of the Michael A. Kaplan
Revocable Trust.
5. Attached as Exhibit "4" is a tiue and accurate copy of the Warranty Deed
for TMK No. (4) 5-2-012-035.
6. Attached as Exhibit "5" is a true and accurate copy of the Apartment Deed
for TMK No. (4) 5-2-021-007:0004.
7. Attached as Exhibit "6" is a true and accurate copy of the Apartment Deed
for TMK No. (4) 5-2-021-006:0005.
8. Attached as Exhibit "7" is a true and accurate copy of the Apartment Deed
for TMK No. (4) 5-2-012-009:0004.
9. Attached as Exhibit "8" is a true and accurate copy of the Apartment Deed
for TMK No. (4) 5-2-012-015:0003.
10. Attached as Exhibit "9" is a true and accurate copy of the County of Kauai
online Real Prope1iy Tax report overview for TMK No. (4) 5-2-012-035.
11. Attached as Exhibit "l 0" is a true and accurate copy of the Grant of
Conservation Easement for Conservation Easement "C-1 ". Attached at the end of Exhibit 8 is a
true and accurate copy of a map showing both Conservations Easements C-1 and C-2.
12. Attached as Exhibit "11" is a true and accurate copy of the Declaration of
Exclusive Use easement for Easement GU-4.
13. Attached as Exhibit "12" is a true and accurate copy of the County of
Kauai online Real Property Tax report overview for TMK No. (4) 5-2-021-007:0004.
14. Attached as Exhibit "13" is a true and accurate copy of the County of
Kauai online Real Property Tax report overview for TMK No. ( 4) 5-2-021-006:0005.
2
15. Attached as Exhibit "14" is a true and accurate copy of the County of
Kauai online Real Property Tax report overview for TMK No. (4) 5-2-012-009:0004.
16. Attached as Exhibit "15" is a true and accurate copy of the County of
Kauai online Real Property Tax report overview for TMK No. (4) 5-2-012-015:0003.
17. Attached as Exhibit "16" is a true and accurate copy of the Declaration of
Rohn Boyd dated March 18, 2021 with pictures attached that accurately depict the condition of
the development of TMK Nos. (4) 5-2-012-019 and TMK No. (4) 5-2-021-041:0001 on
March 10 and 16, 2021.
18. Attached as Exhibit "17" is a true and accurate copy of the Department of
Land and Natural Resources-State Historic Preservation Division ("DLNR-SHPD") letter dated
March 6, 2020 regarding: HRS Chapter 6E-42 Historic Preservation Review -SMA Permit:
SMA U-2011-1; Class IV Zoning and Use Permit: 2011-1; Zoning Permit: Z-177-2020; Building
Pennit: 19-2096; Relocation Permit [ of structure]: 19-2482) Archaeological Preservation Plan
for a Portion of Site 50-30-04-2011 Kahili Ahupua'a, Ko'olau District, Island of Kaua'i TMK:
(4) 5-2-021:041 por. Lot 0001].
I declare under penalty of perjury under the laws of the State of Hawai'i that the
foregoing is true and correct to the best of my knowledge.
DATED: Lihu'e, Hawai'i, September \3, 2021.
L:5::
MAUNA KEA TRASK
3
EXHIBIT 1
CADES SCHUTTE LLP
ROY A. VITOUSEK III 1862
MAUNA KEA TRASK 8418
3135 Akahi Street, Suite A
Lihu`e, Hawai`i 96766
Telephone: (808) 521-9297
Attorneys for Appellants
WEST SUNSET 32 PHASE 1, LLC;
CHARLES SOMERS, as Trustee of the
Charles Somers Living Trust; and
CHARLES SOMERS, Individually
IN THE CIRCUIT COURT OF THE FIFTH CIRCUIT
STATE OF HAWAI`I
WEST SUNSET 32 PHASE 1, LLC;
CHARLES SOMERS, as Trustee of the
Charles Somers Living Trust; and
CHARLES SOMERS, Individually,
Appellants,
v.
COUNTY OF KAUA’I PLANNING
COMMISSION; COUNTY OF KAUA’I
PLANNING DEPARTMENT, by its
Director, Ka’aina Hull; MICHAEL
KAPLAN, Trustee of the Michael A. Kaplan
Revocable Trust, dated August 12, 1992 as
amended and restated by instrument dated
July 16, 2017,
Appellees.
CIVIL NO. 5CC191000105
(Administrative Appeal)
APPELLANTS WEST SUNSET 32
PHASE 1, LLC, CHARLES SOMERS, AS
TRUSTEE OF THE CHARLES SOMERS
LIVING TRUST, AND CHARLES
SOMERS, INDIVIDUALLY’S FINDINGS
OF FACT, CONCLUSIONS OF LAW,
AND DECISION AND ORDER
HEARING DATE:
Date: May 19, 2020
Time: 1:30 p.m.
Judge: Hon. Kathleen N. A. Watanabe
Electronically Filed
FIFTH CIRCUIT
5CC191000105
09-JUN-2020
03:02 PM
EXHIBIT 1
2
APPELLANTS WEST SUNSET 32 PHASE 1, LLC,
CHARLES SOMERS, AS TRUSTEE OF THE CHARLES
SOMERS LIVING TRUST, AND CHARLES SOMERS,
INDIVIDUALLY’S FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND DECISION AND ORDER
Appellants WEST SUNSET 32 PHASE 1, LLC, CHARLES SOMERS, as Trustee of the
Charles Somers Living Trust, and CHARLES SOMERS, Individually’s Administrative Appeal
of the County of Kaua`i Planning Commission’s June 27, 2019, written final decision and order
(“Order”), denying Appellants’ Petition for Revocation of Special Management Area Use
Permit SMA (U) 2011-1; Class IV Zoning Permit Z-IV-2011; Use Permit U-2011-1, came on for
hearing before the Honorable Kathleen N.A. Watanabe of the above entitled court on May 19,
2020, at 1:30 p.m. Mauna Kea Trask, Esq. appeared on behalf of Appellants WEST SUNSET 32
PHASE 1, LLC, CHARLES SOMERS, as Trustee of the Charles Somers Living Trust, and
CHARLES SOMERS Individually, Teresa S. Tico, Esq., Kelsey S. Yamaguchi, Esq., and Laurel
K.S. Loo, Esq. appeared on behalf of Appellee MICHAEL KAPLAN, Trustee of the Michael A.
Kaplan Revocable Trust, dated August 12, 1992 as amended and restated by instrument dated July
16, 2017, Christopher M. Donahoe, Esq. appeared on behalf of Appellee COUNTY OF KAUA`I
PLANNING DEPARTMENT, and Appellee COUNTY OF KAUA`I PLANNING COMMISSION
having not appeared pursuant to its Statement of no Position and no Appearance filed September 19,
2019.
The Court having considered the record, memoranda, exhibits and oral argument of the
parties, and being fully informed of the premises, hereby makes and enters the following
Findings of Fact, Conclusions of Law, and Decision and Order Vacating the Planning
Commission’s Decision and Orders filed May 2, 2019 and June 27, 2019 and Remanding this
matter as provided herein.
3
FINDINGS OF FACT
THE PARTIES
1. This is an appeal filed by Appellants WEST SUNSET 32 PHASE 1, LLC,
CHARLES SOMERS, as Trustee of the Charles Somers Living Trust, and CHARLES SOMERS
Individually, (“Somers”) from the decision of Appellee COUNTY OF KAUA’I PLANNING
COMMISSION (“KCPC”) filed June 27, 2019, denying Somers’ Petition for Revocation of
Special Management Area Use Permit SMA (U) 2011-1; Class IV Zoning Permit Z-IV-2011-1;
and Use Permit U-2011-1.
2. Somers is the owner of that certain parcel located at 1957 Kahili Quarry Road,
Kilauea, HI 96754 and identified as TMK No. (4) 5-2-012:035 (the “Somers Property”).1 See
County of Kaua’i Certified Record on Appeal (“COK”) 000413-000414.
3. Somers’ Property is approximately 162 acres and is directly adjacent to and abuts
those certain properties that are the subject of this appeal, identified as TMK Nos. (4) 5-2-
012:019 (the “Kuleana”) and (4) 5-2-021:041-0001 (por.) (“Parcel 41”) (together the “Subject
Properties”). (COK 000413-000418.)
4. Somers’ Property is encumbered by two conservation easements, identified herein
as “C-1” and “C-2.” (COK 000419-000473.) Somers is the “Owner” of these conservation
easements and the Hawaiian Islands Land Trust (“HILT”) is the “Holder” of the conservation
easements. (COK 000419-000473; 000630-000631.) Somers was obligated to transfer C-1 to
HILT by the KCPC as a condition of the development of the Somers Property (COK000441.)
1 To the extent that any finding of fact stated herein may include or more properly be
designated as a conclusion of law, it shall be deemed to be a conclusion of law as well.
Similarly, to the extent that any conclusion of law stated herein may include or more properly be
designated as a finding of fact, it shall be deemed to be a finding of fact as well. The findings of
fact include findings only on those issues necessary for and relevant to this ruling.
4
Somers faces injury in the form of penalties and sanctions imposed via injunctive and equitable
relief if he fails to maintain the Conservation Values within C-1. (COK000422 - 000423.)
5. Appellee COUNTY OF KAUA’I PLANNING COMMISSION (“KCPC”) is an
administrative agency of the County of Kaua’i, a municipal corporation that is organized under
the laws of the State of Hawai`i. The KCPC administers the Special Management Area
(“SMA”) Use Permit process as well as other development permit processes.
6. Appellee COUNTY OF KAUA’I PLANNING DEPARTMENT (“Planning
Department”), by its Director, Ka’aina Hull (“Planning Director”), is a County executive
agency which administers the County zoning and subdivision codes. The Planning Director is
the administrative head of the Planning Department and has responsibility for executing powers
granted to the Planning Department by statute, ordinance, and/or rule.
7. The KCPC is the SMA “authority” for the County of Kaua`i, under HRS § 205A-
22 (1993). See Sandy Beach Defense Fund v. City and County of Honolulu, 70 Haw. 361, 365,
773 P.2d 250, 254 (1989).
8. The County has its principal place of business in Lihu`e, Kauai, Hawai`i and does
business throughout the County.
9. Appellee MICHAEL KAPLAN, Trustee of the Michael A. Kaplan Revocable
Trust, dated August 12, 1992 as amended and restated by instrument dated July 16, 2017
(“Kaplan”), is the owner of the Subject Properties which he purchased from the Hendrikus
Group, LLC (“Hendrikus”) in October of 2018. (COK 000599-000614.)
THE SUBJECT PROPERTIES AND PROJECT AREA
10. The Subject Properties are adjacent to and abut each other and comprise a total of
12.3 acres. (COK 000415-000418.)
5
11. The area of development within the Subject Properties is identified as the “Project
Area.” The Project Area includes all of the Kuleana, a portion of Parcel 41, and incorporates
acreage on Somers Property and neighboring Lot 4. (COK 000006 & COK 000045.)
12. The Project Area comprises a total of 9.848-acres, and is described as “a historic
agricultural and archaeological complex of terraced pond fields and associated rock walls.”
(COK 000006.) The Project Area is significant for its archaeological, agricultural, historic, and
natural features. (COK 000011.)
13. The Project Area is situated approximately 1 mile inland of the coastline. (COK
000006.) The Project Area is also approximately 1 mile inland from the U.S. Fish & Wildlife,
Kilauea Point National Wildlife Refuge. (COK 000027.)
14. The Project Area is within the State land use Agricultural district, the County
Open (O) zoning district and the Special Treatment District Resource Sub-zone (ST-R), is
designated as Open under the General Plan, is within the North Shore Development Plan area,
and is within the SMA. (COK 000386 - 000387.)
15. The Special Treatment District-Resource (ST-R) designation is for land and water
areas which have unique natural forms, biologic systems or aesthetic characteristics which are of
particular significance and value to the general public. (COK 000275.)
16. The Kauai County General Plan speaks specifically to Historical and
Archaeological Resources found on the Subject Properties. (COK 000275.)
17. The “Soil Survey for the Islands of Kauai, Oahu, Maui, Molokai, and Lanai, State
of Hawaii” prepared by the U.S. Department of Agriculture, Soil Conservation Service, identifies
the soils on the Subject Properties as rough broken land (Rrr) and Puhi silty clay loam 25 to 40%
6
slope (PnE). (COK 000274.) Due to topographical slopes, the erosion hazard is described as
severe, and the runoff is rapid on this type of soil. (COK 000274.)
18. As a result of an archaeological inventory survey (“AIS”) prepared in 2010, two
historical fieldwork sites were recorded and associated with the Project Area. (COK 000125.)
SIHP Site 50-30-04-2011 (“Site 2011”) consists of a series of nine terraced fields that are part of
a larger irrigated field system that covers the entire Project Area and continues beyond the
boundaries of the Subject Properties to the south and east. (COK 000124 - 000125.) SIHP Site
50-30-04-2012 (“Site 2012”) consists of a cobble-lined concrete slab located along the
southeastern boundary of the Kuleana on the surface of Site 2011 Field 9. (COK 000124,
000136.) Sites 2011 and 2012 are considered significant under Criterion “D” of Hawaii
Administrative Rules (“HAR”) §13-284-6 for information they have yielded, relative to the Pre-
contact and Historic use of the general project area. (COK 000140.)
19. Portions of the Project Area are adjacent to and inclusive of the Kilauea Stream
and an “Unnamed Stream.” (COK 000014). It is probable that portions of the Project Area
directly adjacent to the Kilauea Stream and the Unnamed Stream include wetland habitat. (COK
000026.)
THE HISTORY OF AND DEVELOPMENT PLANS
FOR THE SUBJECT PROPERTIES
The Physical and Historical Context of the Subject Properties.
20. The Subject Properties are within the Ahupua’a of Kahili, ‘ili of Kupa. (COK
000114 - 115.) In the Great Mahele (“Mahele”) the entirety of the Ahupua’a of Kahili, with the
exception of eight kuleana parcels, was awarded to William Lunalilo (LCAw. 8559B), who later
became the Hawaiian Monarch reigning between 1873 - 1874. (COK000114.)
7
21. The Kuleana is one of the eight kuleana lots within the Ahupua’a of Kahili that
were awarded during the Mahele. (COK 000114.) The Kuleana was awarded in 1848 to
Naiamaneo as LCAw. 10333. (COK 000114.) Naiamaneo’s kuleana claim was not for a house
lot, which was located elsewhere, but consisted of several small irrigated lo’i (taro fields) and
adjacent kula (flat land). (COK 000114.)
22. Mahele records indicate that the area within the Kilauea stream valley supported
more than twenty-five lo’i, house sites, and kula land where noni (Morinda citrifolis), wauke
(Broussonetia papyrifera) and oranges were cultivated. (COK000114.)
23. Parcel 41 is approximately 17.879 acres and constitutes Unit A of Lot 3, a
Limited Common Element of the Kimolana Estates Condominium Property Regime.
(COK000007.)
The Taylor Development.
24. County building permit records indicate that the Kuleana was developed by
former owner Gregory A. Taylor (“Taylor”) who applied for and received building permit # 85-
1470 to construct a single family residence. (COK000007.)
25. Taylor constructed the single family residence which was subsequently destroyed
by Hurricane Iniki in September 1992. (COK000007.) Remnants of the residence were removed
after the hurricane and traces of Taylor’s single family residence no longer exist. (COK000007.)
The Saunders Development.
26. Prior to Hendrikus’ tenure, the Subject Properties were owned by Arthur M.
Saunders (“Saunders”). (COK000009.) During his tenure, Saunders constructed four (4)
separate, eight-sided, single-room structures within the Subject Properties (the “Saunders
Development”). (COK000009.)
8
27. Structure 1 straddled the northern kuleana parcel boundary and extended into
exclusive use easement GU-4A; Structure 2 was located within Parcel 41; and Structures 3 and 4
were located within the Kuleana. (COK000009 & 000045.)
28. Saunders also installed an array of solar panels on the Subject Properties as part of
his development. (COK000273.)
29. The entirety of the Saunders Development was constructed without any of the
required Special Management Area permits, land use permits, zoning permits, or building
permits. (COK000273.)
The Hendrikus Development.
30. Hendrikus purchased the Subject Properties from Saunders with knowledge of the
zoning violations. (COK 000273.)
31. On July 15, 2010, Hendrikus submitted a Special Management Area Permit
Assessment and Application & Class IV Zoning Permit Application for a development
containing three (3) parts: (1) proposed structures for the Kuleana, (2) proposed structures for
Parcel 41, and (3) an Archaeological & Agricultural restoration project. (COK000009 - 000011.)
32. Through his permit application, Hendrikus desired to rectify the known zoning
violations on the Subject Properties. (COK000273.)
33. As to that portion of the development involving proposed structures for the
Kuleana and Parcel 41, Hendrikus specifically applied for the following:
[Kuleana]
a) Construction of a new 2 bedroom, 2.5 bath Single Family Residence
(SFR) with a living area of approximately 2,098 square feet plus lanais
and covered walkways of an additional 596 square feet.
b) Obtain “After the Fact” (ATF) zoning & building permits for the existing,
unpermitted “Structure 3” - - a free standing, single-room structure that
will be utilized as an agricultural storage building by the Applicant.
9
c) Demolition and/or complete removal of “Structure 4[.]”
d) Relocation of unpermitted “Structure 1” which straddles the kuleana
parcel boundary and extends into easement GU-4A. “Structure 1” will be
relocated to [Parcel 41] and will become part of the proposed Home Office
Building [.]
e) Removal of existing concrete slab (former house foundation) which
straddles the eastern parcel boundary.
f) Development of a permitted, non-public, potable drinking water well &
associated pump facilities to service the Project Area (well location and
water facilities to be designed after preliminary County zoning permit
approval is granted).
g) Development of photovoltaic solar facilities to serve as a power supply.
Most likely to be located on the roofs of proposed structures.
LOT COVERAGE - Total proposed Lot Coverage for the kuleana parcel is
3,177 square feet which is less than 10% of the 32,016.60 sqft parcel.
(COK 000009 - 000010, bold in original.)
[Parcel 41]
a) New Construction - 32’ x 36’ accessory agricultural building [(“the
barn’)] for dry storage of farm equipment, supplies, and machinery[.] The
exact barn location will be determined after clearing of the terraces
occurred.
b) New Home Office Building - Relocation and reconfiguration of existing,
unpermitted “Structures 1 & 2” to become parts of the proposed Home
Office Building. [. . .] The proposed Home Office will tie these two
structures together with a covered walkway, and add a third new 12’x12’
Office bathroom. The structure will be accessory to the agricultural
activities on TMK (4) 5-2-021:041-0001 and will support the Landscaping
Services business of the Hendrikus Group, Inc. [.]
c) Development of a permitted, non-public, potable drinking water well &
associated pump facilities to service the Project Area (well location and
water facilities to be designed after preliminary County zoning permit
approval is granted).
d) Development of photovoltaic solar facilities to serve as a power supply.
Most likely to be located on the roofs of proposed structures.
TOTAL LOT COVERAGE = 2,502 sq. ft.
(COK 000010, bold in original.)
10
34. As to the portion of the development involving Archaeological & Agricultural
restoration, Hendrikus proposed to clear the terraces and associated pond fields located within
the Subject Properties of undesirable non-native vegetation, restore rock wall features, and
reestablish agricultural practices, maintained lawns, and ornamental landscaping within the
portion of the Project Area located on Parcel 41. (COK 000011.)
35. Hendrikus’ application did not state how long the developments associated with
the Kuleana and Parcel 41 would take, but he did specifically state that the Archaeological &
Agricultural restoration project was anticipated to take 5-10 years. (COK000011.)
36. Public Hearing on Hendrikus’ application was set for August 24, 2010.
(COK000272.)
37. On September 28, 2010, the KCPC held a continued hearing on Hendrikus’
permit application. (COK000641-000649.) The September 28, 2010 agenda item described the
Hendrikus application as follows:
Use Permit U-2011-1, Class IV Zoning Permit Z-IV-2011-1, and SMA (U) 2011-
1 to permit the construction of a new single family residence, accessory
agricultural storage and office structures, development of irrigation well,
accessory photovoltaic installation, demolition of structure and archaeological
restoration of historical auwai, rock walls, and terraces in Open-Space Treatment
District (O/ST-R) in Kahili Ahupua`a located in Kilauea, approx.. 1,700 ft. from
Kahili Makai Road and 2,700 ft. from the intersection of Kahili Makai Road and
Kuhio Highway, further identified as Tax Map Key 5-2-012:019 & 5-2-
021:041:001 (por) and containing approx.. 18-164 acres = Hendrikus Group, Inc.
[Director’s Report received 8/10/10, hearing closed 8/24/10.]
(COK000642.)
38. At the September 28, 2010 hearing, Kilauea resident Ms. Maka’ala Ka’aumoana
(“Ka’aumoana”) testified on the Hendrikus application. (COK000642.)
11
39. Ka’aumoana reviewed the Hendrikus application thoroughly and advocated for
the inclusion of a permit condition requiring water quality testing before, during, and after the
development. (COK000642 - 000647.)
40. Ka’aumoana testified that the Hendrikus development was in an active area for
traditional activities and gatherings, and that the quality of the in-stream resources of Kilauea
Stream is important for people’s rights. (COK000642.)
41. Ka’aumoana indicated that including a water quality testing condition in the
Hendrikus permits was important so that the impact to the Kilauea stream as a public trust
resource was known. (COK000643.)
42. While deciding whether or not to include Ka’aumoana’s request for the inclusion
of water quality testing as a permit condition, KCPC Commissioner Morikami asked Hendrikus
what his timeframe was for the completion of the project from beginning to end. (COK000645.)
Mr. Hendrikus responded that he hoped to complete the project within the next year and a half.
(COK000645.)
43. After discussion on Hendrikus’ application the KCPC moved to approve
Hendrikus’ permit application with the inclusion of Ms. Ka’aumoana’s request for water quality
testing as condition number 10, which states:
Applicant shall provide for three water quality samplings and analysis, pre-
construction, during construction, and post construction at two locations.
a. Along the Kilauea Stream at the northern most boundary of the property.
b. Along the unnamed stream at the most northern boundary of the property.
(COK 000648 - 000649.)
44. On September 29, 2010, the Planning Director issued Special Management Area
Use Permit SMA (U) 2011-1, Class IV Zoning Permit Z-IV-2011-1, and Use Permit U-2011-1
12
(the “Subject Permits”) to Hendrikus for construction of new single family residence, accessory
agricultural storage and office structure, development of irrigation well, accessory photovoltaic
installation, demolition of structure and archaeological restoration of historical auwai, rock walls,
and terraces, subject to ten (10) conditions. (COK000335-000336.) The Subject Permits do not
provide a timeframe within which Hendrikus must make substantial progress of the
development. (COK000335-000336.)
Kaplan’s Permit Application.
45. Kaplan purchased the Subject Properties from Hendrikus in October 2018.
(COK000594.)
46. On or about March 29, 2019 Kaplan submitted a letter application (the “Kaplan
Application”) to the KCPC asking for 1) a two year continuance to complete the work approved
in the Subject Permits and 2) KCPC approval to modify the design of the previously approved
single-family residence. (COK 000594 - 000595.) Kapan’s Application was not accompanied
by an affidavit or legal memorandum, nor was it served upon any individual or entity other than
the KCPC.
47. The alterations proposed by Kaplan included, inter alia, increasing the interior
living area of the single-family residence from 2,098 sq. ft. to 2,353 sq. ft., adding a 400+ sq. ft.
porte cochere to the single-family residence, and adding 22 sq. ft. of stone walls. (COK 000595,
000617, 000619.) At the same time, Kaplan proposed to remove 415 sq. ft. of screened in lanai
area, remove 181 sq. ft. of walkways, and remove a 483 sq. ft. storage shed that was located
away from the single-family residence on the same property. Id.
48. The Kaplan Application indicated that by the time he purchased the Subject
Properties, Hendrikus had completed a substantial amount of work, particularly clearing the
13
heavily wooded Property, and that Hendrikus stopped short of building his single-family
residence. (COK000594.)
49. In a letter attached to Kaplan’s Application as Exhibit “D”, Hendrikus stated that
after he was granted the Subject Permits he immediately got started on the many projects
involved in the development. (COK000615).
50. Hendrikus stated that it was and is an incredible amount of work to clear and
maintain the heavily wooded Subject Properties. (COK000615.) According to his letter,
Hendrikus demolished an existing structure on the Kuleana, constructed a home office building
and storage barn on Parcel 41, and spent an incredible amount of time restoring the
archaeological resources and activities on the Subject Properties. (COK000615.)
51. In his letter Hendrikus did not state that any of the work he performed occurred
within two (2) years of the issuance of the Subject Permits, nor did he state that the Planning
Director made a determination that substantial progress had been made on the development
within two (2) years of the issuance of the Subject Permits. (COK000615.) Instead, Hendrikus
stated that after almost nine years of continuous work, he realized that it was not financially
feasible for him to construct the single family residence, so he sold the Subject Properties to
Kaplan. (COK000615.)
52. On April 18, 2019 Kaplan’s architect Santo Giorgio (“Giorgio”) sent an email to
Planning Department staff providing information on the status of the Hendrikus building permits
for all the huts on the Subject Properties. (COK000382.) Giorgio attained the permit status
information off of the County of Kaua`i’s Public Works Building Department website and
believed that the following information was accurate:
14
10-2250 - relocate hut from parcel 19 easement “HUT 1”
WORK PERFORMED - NEVER FINALLED
10-2251 - relocate hut from parcel 41, moved approximately 15’ “HUT 2”
FINALLED 2/22/13 BY MERVIN RAPOZO
10-2252 - renovate huts 1&2, add breezeways, build new “HUT 5”
SOME WORK PERFORMED HUT 5 NEVER BUILT - NEVER
FINALLED
10-2253 - to permit existing structure “HUT 3” STATUS-IN PLAN CHECK
FYI WE WILL SUBMIT PLANS TO REMOVE “HUT 3” AS SOON AS WE
GET EXTENSION APPROVAL, AGAIN THIS LIMITS OVERALL SCOPE
ON KULEANA
10-2254 - to demolish structure “HUT 4” STATUS - IN PLAN CHECK
11-264 2 story barn FINALLED 7/13/15 BY MERVIN RAPOZO
13-518 add loft to barn FINALLED 7/13/15 BY MERVIN RAPOZO
13-2282 solar system FINALLED 7/13/15 BY MERVIN RAPOZO
11-102 single family residence STATUS - IN PLAN CHECK,
FYI PERMIT WAS REACTIVATED ON 2/13/19 AND PLAN REVIEW
FEES WERE ACCEPTED BY BUILDING DEPARTMENT
(COK 000382).
53. Kaplan did not file a SMA Assessment with the Planning Department pursuant to
SMA Rule 7.1 in relation to his application.
54. Kaplan’s Application did not provide any information concerning the consistency
of his development with the objectives, policies and guidelines contained in HRS ch. 205A the
Coastal Zone Management Act (“CZMA”).
55. Upon receipt of Kaplan’s application, the KCPC placed the application on its
April 23, 2019, meeting agenda as a “General Business Matter.” (COK 000702.) The KCPC did
not set the matter for “Public Hearing” and the Planning Department did not require Kaplan to
comply with the notice requirements contained in HRS § 205A-29 and SMA Rule 9.0. Instead,
the Planning Department and KCPC allowed the agenda to be posted in accordance with HRS §
92-7. (COK 000491.)
15
56. Somers was not given notice of the meeting pursuant to SMA Rule 9.0 D.
(COK 000409.)
57. Based upon the information contained in the Kaplan Application, the Planning
Department prepared a Director’s Report dated April 23, 2019. (COK000386 - 000389.)
58. The Director’s Report described the action required by the KCPC on Kaplan’s
Application as involving, “Consideration of Time Extension for the construction of a farm
dwelling unit on a parcel and Amendment to modify the design of the single family residence.”
(COK000386.)
59. The Director’s Report found that, “pursuant to Chapter 8-11.3 of the Kauai Count
Code, a Use Permit is required for all uses, structures and development within the Special
Treatment District.” (COK000386.)
60. The Director’s Report found that, “pursuant to Chapter 8-11.3 of the Kauai
County Code, a Class IV Zoning permit is a procedural requirement when a Use Permit is
required for development within the Special Treatment District.” (COK000386.)
61. The Director’s Report found that, “pursuant to Section 205A of the Hawaii
Revised Statutes (“HRS”) and the Special Management Area Rules and Regulations of the
County of Kauai, the construction of an additional residence on a lot of record constitutes
‘Development,’ and therefore, a SMA Use Permit is required as defined in Section 7.3 of the
SMA Rules.” (COK000386.)
62. The Director’s Report did not contain any findings that: (1) the development will
not have any substantial, adverse environmental or ecological effect except as such adverse
effect is minimized to the extent practicable and clearly outweighed by public health, safety, and
welfare, or compelling public interest; or (2) the development is consistent with the objectives,
16
policies, and special management area guidelines as enumerated in HRS Chapter 205A and any
guidelines enacted by the legislature. (COK000386-000389.)
63. The Director’s Report contained a preliminary recommendation to the KCPC that
the extension of time and amendment to allow construction of a farm dwelling unit and
associated improvements be approved. (COK000389.) However, the Director’s Report
contained a qualification that its report did not represent the Planning Department’s final
recommendation in view of the forthcoming public hearing process scheduled for April 23, 2019
whereby the entire record should be considered prior to decision making, including but not
limited to: pending government agency comments, testimony from the general public and
interested others; and the applicant’s response to staff’s report and recommendation as provided
therein. (COK000389.)
April 23, 2019 Hearing on Kaplan’s Permit Application.
64. On April 23, 2019 the KCPC held a hearing on Kaplan’s Application.
(COK000702.) The September 28, 2010 agenda item described the Kaplan Application as
follows:
Request for Extension of Time and Amendment to Special Management area Use
Permit SMA (U)-2011-1, Class IV Zoning Permit Z-IV-2011-1, and Use Permit
U-2011-1, for Michael Kaplan Tax Map Keys: 5-2-012:019, 5-2-
021:041:001(por.) to allow additional time to construct a single family residence
and reduce the size of the previously approved residence.
(COK000702.)
65. Despite the Director’s Report informing the KCPC to consider the entire record at
the upcoming “public hearing” prior to decision making, including but not limited to, testimony
from the “general public” and “interested others;” the Planning Department did not provide a
public hearing on Kaplan’s Application, did not publish public notice of the hearing once within
the County of Kaua`i and once in a newspaper of general circulation in the State at least twenty
April 23, 2019
17
(20) calendar days prior to the date of the hearing, and Kaplan did not serve written notice of the
hearing to persons listed on the current Real Property Division of the Department of Finance of
the County of Kaua`i or to the addresses shown on such Real Property Assessment Notice List
for at least eighty-five percent (85%) of all tax map key parcels within 300 feet from the Subject
Properties.
66. At its April 23, 2019, meeting, after a brief presentation by the Planning
Department and Kaplan’s representatives, the KCPC approved Kaplan’s application for an
extension of time and modification of the design of the single-family residence. (COK000702 -
000704.)
67. No public testimony was received by the KCPC at its April 23, 2019 hearing on
Kaplan’s application and there was no discussion regarding whether Kaplan’s request constituted
“Development” under HRS § 205A-22 and SMA Rule 1.4 F, the lack of public notice, the
lapsing of the permits under SMA Rule 10.0, or the development’s consistency with the SMA
objectives, policies, and guidelines under SMA Rule 4.0 B (1) - (3) or HRS § 205A-26 (2) (A) -
(C). (COK000702 - 000704.)
68. On May 2, 2019, the KCPC issued its written decision approving Kaplan’s
Application (the “Kaplan Decision”). (COK 000390.) The Kaplan Decision contained no
findings of fact or conclusions of law.
69. The Kaplan Decision did not contain any findings that:
the development will not have any substantial adverse environmental or
ecological effect, except as such adverse effect is minimized to the extent
practicable and clearly outweighed by public health, safety, or compelling public
interests. Such adverse effects shall include, but not be limited to, the potential
cumulative impact of individual developments, each one of which taken in itself
might not have a substantial adverse effect, and the elimination of planning
options;
18
the development is consistent with the objectives, policies, and special
management area guidelines of this chapter and any guidelines enacted by the
legislature; and
the development is consistent with the county general plan and zoning. Such a
finding of consistency does not preclude concurrent processing where a general
plan or zoning amendment may also be required.
Somers’ Petition for Revocation of the Subject Permits.
70. On May 21, 2019, Somers filed a Petition for the Revocation of Special
Management Area Use Permit SMA (U) 2011-1; Class IV Zoning Permit Z-IV-2011; Use Permit
U-2011 (the “Petition”) pursuant to the Rules of Practice and Procedure of the Kauai Planning
Commission (“RPPPC”) Ch. 12. (COK 000402-000478.)
71. In his Petition Somers stated that he is the owner of the Somers Property and that
it is directly adjacent to and abuts the Subject Properties. (COK 000403.)
72. Somers also stated that he is the “Owner”, and HILT the “Holder”, of two (2)
conservation easements, identified as C-1 and C-2, the purpose of which is to establish and
maintain forever the “Conservation Values” of the Easement Area, which are:
a) Water and Wetland Resources - protect the quality of water resources within or in
the vicinity of the Easement Area, including protect the quality of wetlands,
including the habitat they provide for endangered water birds;
b) Archaeological Resources - protect Native Hawaiian archaeological resources,
which have been identified in the Baseline Documentation or are identified or
discovered subsequently;
c) Indigenous Wildlife Resources - protect intact areas of indigenous wildlife habitat,
including endangered species;
d) To the extent not in conflict with the Water and Wetlands Resources,
Archaeological Resources, and Wildlife Resources, Scenic Resources - protect
scenic vistas visible from public rights-of-way and other public access points in
the vicinity of the Property; and
e) To the extent not in conflict with the Water and Wetlands Resources,
Archaeological Resources, and Wildlife Resources, Agricultural Resources -
19
protect and preserve land suitable for agricultural uses, including agroforestry
uses.
(COK000404.)
73. Somers also stated that a portion of Kaplan’s Project Area, including easements
V-2 and GU-4A, are located within the boundaries of the Somers property encumbered by C-1.
(COK000404.)
74. Somers alleged that both he, as Owner, and HILT, as Holder, of C-1 and C-2 are
affected by Kaplan’s development and must have an opportunity to review any development in
the easement area; and that pursuant to RPPPC, Rule 1-12-2, as owner of the neighboring
property, Owner of C-1 and C-2, and Grantor of Easement GU-4A, he is both a person and entity
who is so directly and immediately affected by the Subject Permits that his interest is clearly
distinguishable from that of the general public and may therefore file the Petition with the
Planning Director. (COK000405.)
75. In the Petition, Somers argued that: (1) the Subject Permits had lapsed on
September 28, 2012; (2) Kaplan’s request for modification was made upon improper procedure;
(3) the KCPC and Kaplan had failed to follow the notice requirements contained in SMA Rule
9.0, et seq.; and (4) the Director’s Report and the KCPC Decision did not contain sufficient
findings regarding the development’s impact to the SMA as required by HRS § 205A-26 (2) (a) -
(c) or SMA Rule 4.0 B (1) - (3). (COK 000407-000411.)
76. Upon receipt, the Planning Director did not reject Somers’ Petition as incomplete,
inaccurate, or failing to comply with the Rules of the Commission as provided in RPPPC Rule 1-
12-3 (b).
77. Kaplan filed a memorandum in opposition to Somers’ Petition, in which he
argued: (1) Somers had no standing to file a petition to revoke; (2) Somers failed to state a
20
claim; (3) the Director and KCPC’s process to approve the extension and modification request
was proper (i.e., notice under SMA Rule 9.0 was not required); and (4) that Kaplan’s request did
not constitute a development under the CZMA and SMA. (COK 000578-000621).
78. Somers filed a reply brief to Kaplan’s memorandum in opposition arguing: (1)
Somers has standing; and (2) that notice is required under State and County law. (COK 000479-
000486.)
79. On or about June 25, 2019, the Planning Department prepared a Director’s Report
in which it recommended that Somers’ Petition be denied. (COK 000487-000592.)
June 25, 2019 Hearing on Somers’ Petition for Revocation of the Subject Permits.
80. On June 25, 2019, the KCPC held a hearing on Somers’ Petition. (COK000789 -
000806.)
81. Attorneys for Somers and Kaplan appeared at the hearing and argued for and
against the merits of the Petition respectively. Id.
82. Kaplan’s architect, Mr. Giorgio, testified on behalf of Kaplan. (COK000797 -
000800.)
83. After argument and hearing, the KCPC entered into a half-hour “unanticipated”
executive session in order to speak with the deputy county attorney “for clarification on what
[they] just heard [during the hearing].” (COK000805.)
84. After the executive session, KCPC Chair Mahoney reconvened the hearing and
stated the KCPC was to, “decide what to do on revocation of special management area Use
Permit SMA(U)-2011-1, Class IV Zoning Permit Z-IV-2001-1, and a Permit U-2011-1 for
Michael A. Kaplan, a request for revocation,” and asked if there was a motion on the floor.
(COK000806.)
21
85. In response, Commissioner Ho made a motion, “to deny Mr. [Somers’] petition
for revocation of Permits SMA (U)-2011-1 Class IV, 2011-1 and Use Permit U 2011-1.
(COK000806.)
86. The KCPC voted unanimously to deny Somers’ Petition. (COK000806.)
87. On June 27, 2019, the KCPC issued its written decision denying Somers’ Petition
for Revocation (the “Somers Decision”). (COK000593.) The Somers Decision contained no
findings of fact or conclusions of law.
88. The Somers Decision memorialized the action taken by the KCPC effective
June 25, 2019, to revoke the approval to allow an extension of time and modifications to the
design of the farm dwelling unit for Michael Kaplan, and stated that Somers’ request was denied.
(COK000593.)
89. The KCPC did not find that Somers Petition lacked reasonable cause to believe
that there is currently a failure of Kaplan to perform according to the conditions imposed in the
Subject Permits pursuant to RPPPC 1-12-5.
90. At no time during hearing on Somers’ Petition did either the KCPC or the parties
argue that there was no reasonable cause to believe that there is currently a failure of Kaplan to
perform according to the conditions imposed in the Subject Permits pursuant to RPPPC 1-12-5.
91. On July 27, 2019, Somers appealed from this decision of the KCPC denying his
Petition to the Circuit Court of the Fifth Circuit (the “Agency Appeal Civil No. 19-1-0105”).
22
CONCLUSIONS OF LAW
JURISDICTION AND VENUE
Jurisdiction.
1. The court has jurisdiction over this administrative appeal pursuant to HRS §
91-14, HRS § 603-21.8, SMA Rule 15.0, RPPPC Rule 1-6-18 (i), and Rule 72 of the Hawai`i
Rules of Civil Procedure.
Venue.
2. Venue is proper in this Court pursuant to HRS § 603-36.
STANDARD OF REVIEW
3. When a circuit court reviews an agency determination, that court acts as an
appellate court. Diamond v. Dobbin, 132 Haw. 9, 319 P.3d 1017 (2014).
4. An agency’s findings of fact are reviewable under the clearly erroneous standard
to determine if the agency’s decision was clearly erroneous in view of reliable, probative, and
substantial evidence on the whole record. Curtis, 90 Haw. at 393, 978 P.2d at 831.
5. A finding of fact is clearly erroneous when the Court, after reviewing the entire
record, is left with a definite and firm conviction that a mistake has been made. See, Aio v.
Hamada, 66 Haw. 401, 406, 664 P.2d 727, 731 (1983).
6. An agency’s conclusions of law are [] freely reviewable to determine if the
agency’s decision was in violation of constitutional or statutory provisions, in excess of statutory
authority or jurisdiction of [the] agency, or affected by other error of law. Curtis v. Board of
Appeals, County of Hawai`i, 90 Haw. 384, 393, 978 P.2d 822, 831 (S. Ct. 1999); Hardin v.
Akiba, 84 Haw. 305, 310, 933 P.2d 1339, 1344 (S. Ct. 1997).
7. Conclusions of law that present mixed questions of fact and law are reviewable
under the clearly erroneous standard because the conclusion depends upon the facts and
23
circumstances of the particular case. See Curtis, 90 Haw. at 393, 978 P.2d at 831; Price v.
Zoning Board of the Appeals of the City of Honolulu, 77 Haw. 168, 172, 883 P.2d 727, 732 (S.
Ct. 1994).
8. Under statute governing judicial review of contested administrative cases, an
agency’s exercise of discretion is reviewable to determine whether it is arbitrary, or capricious,
or characterized by abuse of discretion or clearly unwarranted exercise of discretion. Hawaii
Medical Service Ass’n v. Adams, 120 Haw. 446, 209 P.3d 1260 (2009), as amended, certiorari
rejected 2009 WL 3402732, certiorari rejected 2009 WL 3451205.
9. Courts reviewing agency determinations for abuse of discretion must engage in a
two-step inquiry; the court must first determine whether the agency determination under review
was the type of agency action within the boundaries of the agency’s delegated authority, and if it
was within the agency’s realm of discretion, the court must then analyze whether the agency
abused its discretion, but if the determination was not within the agency’s discretion, then it is
not entitled to the deferential abuse of discretion standard of review. Unite Here! Local 5 v.
Department of Planning and Permitting, 114 Haw. 453, 454 P.3d 394 (2019).
10. Pursuant to HRS §91-14 (g) (3), questions regarding procedural defects are
reviewable for unlawful procedure. TIG Ins. Co. v. Kauhane, 1010 Haw. 311, 67 P.3d 810
(2003).
11. Under Hawai`i law, an agency decision should be reversed if it is in violation of
constitutional or statutory provisions, affected by other error of law, clearly erroneous in view of
the reliable, probative, and substantial evidence on the whole record, or arbitrary and capricious.
See, HRS § 91-14(g)(1),(2),(4),(5),(6) (1996).
24
THE KCPC AND THE PLANNING DEPARTMENT
ARE AGENCIES UNDER HRS CH. 205A.
12. As used in HRS ch. 205A, the term “Agency” means, among other things, “any
agency, board, commission, department, or officer of a county government or the state
government[.]” HRS § 205A-1. Under the express terms of HRS § 205A-1: (i) the KCPC is an
“agency board, commission, or department of the County of Kaua`i and, therefore, is an
“Agency” as that term is used in HRS ch. 205A, and (ii) the Planning Department is an “agency
board, commission, or department of the County of Kaua`i and, therefore, is an “Agency” as that
term is used in HRS ch. 205A.
13. The objectives and policies of HRS ch. 205A and any guidelines enacted by the
legislature are binding upon the KCPC and the Planning Department when reviewing Kaplan’s
Application. HRS §205A-4 (b).
14. In reviewing Kaplan’s Application, the KCPC and the Planning Department shall
implement the objectives of the coastal zone management program, and shall give full
consideration to ecological, cultural, historic, esthetic, recreational, scenic, and open space
values, and coastal hazards, as well as to needs for economic development. HRS §205A-4 (a).
15. This court determines that both the KCPC and the Planning Department shall
ensure that their rules and their interpretation of their rules comply with the objectives and
policies of HRS ch. 205A and any guidelines enacted by the legislature when reviewing
Kaplan’s Application. HRS §205A-5 (a).
16. This court determines that both the KCPC and the Planning Department shall
enforce the objectives and policies of HRS ch. 205A and any rules adopted pursuant to the
CZMA in reviewing Kaplan’s Application. HRS §205A-5 (b).
25
SOMERS’ PETITION FOR REVOCATION OF
THE SUBJECT PERMITS WAS A CONTESTED CASE.
17. A “Contested case” means a proceeding in which the legal rights, duties, or
privileges of specific parties are required by law to be determined after an opportunity for agency
hearing. HRS § 91-1.
18. Pursuant to HRS § 91-14, in order for proceedings before an agency to constitute
a contested case from which an appeal can be maintained, the agency must be required by law to
hold a hearing before a decision is rendered. Lingle v. HGEA, 107 Haw. 178, 184, 111 P.3d 587,
593 (2005).
19. KCPC action on a Petition for Revocation of Permits pursuant to RPPPC Ch. 12
involves a three-step process: (1) filing a Petition for Revocation of Permits pursuant to RPPPC
Rule 1-12-3, which the Planning Director may reject pursuant to RPPPC 1-12-3(b) if it is
incomplete, inaccurate or fails to comply with the Rules of the KCPC; (2) holding a hearing
pursuant to RPPPC Rule 1-12-5 to determine whether there is reasonable cause to believe that
there is a failure to perform according to the conditions imposed on the Permits and to issue an
Order to Show Cause; and (3) holding an Agency Hearing on the Order to Show Cause
according to the contested case hearing procedures contained in RPPPC ch. 6, pursuant to
RPPPC 1-12-7.
20. According to the record, the Planning Director did not reject Somers’ Petition
pursuant to RPPPC Rule 1-12-3(b), the KCPC did not find that there was no reasonable cause to
believe that there is a failure to perform according to the conditions imposed on the Permits
pursuant to RPPPC 1-12-5, and although the KCPC did not formally issue an Order to Show
Cause, Kaplan was served with a copy of Somers’ Petition for Revocation and filed a
memorandum in opposition to the same, to which Somers filed a reply brief.
26
21. At the June 25, 2019 hearing on Somers’ Petition, attorneys for Somers and
Kaplan argued the merits of Somers’ Petition, Kaplan’s architect Mr. Giorgio testified as a
witness, and the KCPC voted to deny Somers’ Petition based upon the merits of his Petition, not
upon the threshold matter involving lack of reasonable cause.
22. Under RPPPC 1-12-7 the KCPC was required to hold an agency hearing prior to
denying Somers’ Petition for Revocation on its merits. Pursuant to RPPPC Rule 1-1-2,
“ ‘Agency Hearing’ refers only to such hearing held by the Commission immediately prior to a
judicial review of contested case as provided in Section 91-14 HRS[.]”
23. The Court determines that the June 25, 2019 KCPC hearing on Somers’ Petition
for Revocation of the Subject Permits was a “Contested case” as defined by HRS § 91-1 and
RPPPC 1-1-2 (7)(i), and that Somers may appeal the KCPC’s June 27, 2019 Decision to the
Circuit Court of the Fifth Circuit pursuant to HRS § 91-14, HRS § 603-21.8, SMA Rule 15.0,
RPPPC Rule 1-6-18 (i), and Rule 72 of the Hawai`i Rules of Civil Procedure.
THE JUNE 27, 2019 KCPC DECISION DENYING
SOMERS’ PETITION IS IN VIOLATION OF HRS § 91-12
24. Every decision and order adverse to a party to the proceeding, rendered by an
agency in a contested case, shall be in writing or stated in the record and shall be accompanied
by separate findings of fact and conclusions of law. HRS § 91-12.
25. The Statutory requirement that administrative agencies set forth separately its
findings of fact and conclusions of law is intended to assure reasoned decision making by
agencies and to enable judicial review of agency decisions. Application of Hawaii Elec. Light
Co., Inc., 60 Haw. 625, 594 P.2d 612 (1979).
26. Findings of fact, to be sufficient to support an administrative order, must include
the basic facts from which the ultimate facts and terms of the statutory criteria may be inferred.
27
Hawaii Public Employment Relations Bd. V. United Public Workers, Local 646, AFSCME, AFL-
CIO, 66 Haw. 461, 667 P.2d 783 (1983).
27. Even though there may be evidence on record to support an agency’s conclusions,
that does not excuse an agency from its duty to make findings as a result of consideration of the
evidence. Application of Kauai Elec. Division of Citizens Utilities Co., 60 Haw. 166, 590 P.2d
524 (1978).
28. To be granted deference by a reviewing court, agency’s decision must be
consistent with legislative purpose. Camara v. Agsalud, 67 Haw. 2121, 6885 P.2d 794 (1984).
29. Agency decisions are afforded deference, which presupposes that the agency has
grounded its decision in reasonably clear findings of fact and conclusions of law. In re Water
Use Permit Applications, 105 Haw. 1, 93 P.3d 643 (2004).
30. The June 27, 2019 written decision of the KCPC is devoid of any findings of fact
and/or conclusions of law and is therefore in violation of the requirements of HRS § 91-12.
31. The KCPC’s failure to comply with HRS § 91-12 is inconsistent with the
legislative purpose of that statute and HRS ch. 91.
32. The KCPC’s June 27, 2019 decision is not afforded deference by this court, as
deference presupposes that the agency has grounded its decision in reasonably clear findings of
fact and conclusions of law.
33. This Court determines that the KCPC’s June 27, 2019 Decision violated HRS §
91-14(g)(1) because the KCPC failed to satisfy HRS § 91-12. See Rife v. Akiba, 81, Haw. 84,
912 P.2d 581 (1996).
28
SOMERS HAS STANDING TO PETITION TO REVOKE THE SUBJECT
PERMITS AND TO APPEAL THE KCPC’S JUNE 27, 2019 DECISION.
34. Pleadings in administrative proceedings are to be construed liberally rather than
technically, Waltrip v. TS Enterprises, Inc., 140 Haw. 226,231,398 P.3d 815, 820
(2016)(brackets omitted)(citing Perry, 62 Haw. at 685-86, 619 P.2d at 108); Dupree v. Hiraga,
121 Haw. 297,314,219 P.3d 1084, 1101 (2009).
35. Administrative pleadings need not be drawn with the refinements and subtleties of
pleadings before a court. Perry, 62 Haw. at 686, 619 P.2d at 108 (citation, internal quotation
marks omitted).”
36. Hawaii courts have adopted very liberal guiding tenets concerning standing in
environmental cases and have said that such requirements should not be barriers to justice. Life
of the Land v. Land Use Commission, 63 Haw. 166, 171, 623 P.2d 431, 438 (1981).
37. Within the meaning of statute governing judicial review of agency decisions, an
“aggrieved person” is one who has suffered an injury in fact. Asato v. Procurement Policy Bd.,
132 Hawai'i 333, 322 P.3d 228 (2014).
38. A person aggrieved is a person whose interests were injured, but where the
interests at stake are in the realm of environmental concerns, courts have not been inclined to
foreclose challenges to administrative determinations through restrictive applications of standing
requirements. In re Water Use Permit Applications, 105 Hawai'i 1, 93 P.3d 643 (2004).
39. Pursuant to RPPPC Rule 1-12-5, a person with interest in the land, or a person or
entity who otherwise can demonstrate that they are so directly and immediately affected by the
Permit that their interest is clearly distinguishable from that of the general public may file a
petition for revocation of a permit with the Director.
29
40. The standing of adjoining or nearby property owners to ensure environmental
protections in land use proceedings is a settled issue under Hawaii law. See, East Diamond Head
Association v. Zoning Board of Appeals, 52 Haw. 518, 479 P.2d 796 (1971) (holding landowners
whose land adjoined land subject to a zoning variance were “persons aggrieved” under HRS §
91-14); Dalton v. City and County of Honolulu, 51 Haw. 400, 462 P.2d 199 (1969) (concluding
that “residing in very close proximity” to a proposed high-rise apartment was sufficient to confer
standing and thus sufficient to establish a “concrete interest” in a “legal relation” subject to
protection); and Waianae Model Neighborhood Assoc., Inc. v. City and County of Honolulu,
55 Haw. 40, 514 P.2d 861 (1973) (granting standing to an organization whose members resided
“within the area” of a proposed apartment hotel).
41. The purpose of C-1 is to establish and maintain forever[,] and to prevent any use
of the Easement Area that will significantly impair or interfere with the “Conservation Values”
of the Easement Area, which are: a) Water and Wetland Resources, b) Archaeological
Resources, c) Indigenous Wildlife Resources, d) Scenic Resources, and e) Agricultural
Resources. (COK000422).
42. Somers is obligated to protect the Conservation Values of C-1 and HILT, as
Holder of C-1, may act to prevent Owner or third persons from conducting any activity on or use
of the Easement Area that is inconsistent with the protection of the Conservation Values or terms
of C-1, and HILT may require Somers to restore such areas or features of the Easement Area that
may be damaged by any inconsistent activity or use. (COK000423).
43. HILT may enforce C-1 in the case of breaches by Somers or third persons by
appropriate legal proceedings and may obtain injunctive and other equitable relief against any
30
violations, including without limitation relief requiring removal of offending structures and other
restoration of the Easement Area. (COK000423.)
44. In his Petition for Revocation of the Subject Permits, Somers’ clearly established
his “interest in the land” as Kaplan’s project area is within a portion of Somers’ Property
encumbered by conservation easement C-1.
45. In his Petition for Revocation of the Subject Permits, Somers’ clearly established
his status as a person or entity who otherwise can demonstrate that they are so directly and
immediately affected by the Permit that their interest is clearly distinguishable from that of the
general public, due to his standing as a neighboring land owner with the obligation to maintain
forever and prevent any use of the Easement Area that will significantly impact or interfere with
the “Conservation Values” of C-1.
46. Somers, as a neighboring landowner and Owner of conservation easement C-1
with a duty to protect its Conservation Values, is unquestionably “a person with interest in the
land” and a person whose interest “is clearly distinguishable from that of the general public” and
therefore has standing to Petition to Revoke Kaplan’s Permits pursuant to RPPPC § 1-12-2.
47. This Court determines that the KCPC’s denial of Somers’ Petition denied him of
his right and duty to preserve and maintain the Conservation Values of the Easement Area within
C-1 and to prevent any use of the Easement Area that will significantly impair or interfere with
the aforementioned resources, which may result in sanctions and adversarial action taken against
Somers by HILT, and constitutes an “injury in fact” and establishes Somers as a “person
aggrieved” with the right to administratively appeal the KCPC’s June 27, 2019 written decision
pursuant to HRS § 91-14.
31
ON SEPTEMBER 28, 2012, THE SUBJECT PERMITS
WERE DEEMED TO HAVE LAPSED AND BE
NO LONGER IN EFFECT PURSUANT TO SMA RULE 10.0.
48. Under SMA Rule 10.0:
Unless otherwise stated in the permit, once a permit is issued, the applicant must
make substantial progress, as determined by the Director, regarding the
development or activity within two (2) years, or the permit shall be deemed to
have lapsed and be no longer in effect.
49. The tenets of SMA Rule 10.0 concerning substantial progress and lapse operate as
a condition of all SMA Use Permits issued by the KCPC, unless otherwise stated in the permit,
and as such applied to the Subject Permits.
50. This Court determines that on September 28, 2012, by operation of SMA Rule
10.0, the Subject Permits were deemed to have lapsed and be no longer in effect.
51. There is no evidence that Hendrikus made substantial progress on the
development, as determined by the Director, within two years of the issuance of the permit.
52. Hendrikus’ letter does not state that substantial progress was made on the
development within two (2) years of issuance of his permits, but instead says that after almost
“nine years of continuous work” it was not financially feasible to construct the single family
residence, so he sold the property to Kaplan. (COK000615.)
53. Similarly, the April 18, 2019 email from Kaplan’s architect Mr. Giorgio does not
establish that substantial progress was made on the development within two (2) years of issuance
of the permits.
54. The Giorgio email clearly illustrates that out of the nine (9) building permits that
were applied for by Hendrikus over the past nine (9) years, only seven (7) were applied for
within two (2) years of issuance of the permits, i.e. 10-2250, 10-2251, 10-2252, 10-2253, 10-
2254, 11-264, and 11-102. (COK000382.) Out of these seven (7) building permits, none were
32
completed or “finalled” within two (2) years of issuance of the permits. Given these facts the
Court determines that substantial progress was not made on the Hendrikus development within
two years of September 28, 2010.
55. This Court determines that SMA Rule 10.0 provides for mandatory not
discretionary “lapse” of SMA Permits if substantial progress is not made, as determined by the
Director, within two (2) years of issuance of the permit.
56. “Shall” is defined as “will have to” or “must.” Webster's Third New Int'l
Dictionary 2085 (1961). As to the meaning of “shall,” it is further stated:
As used in statutes, contracts, or the like, this word is generally imperative or
mandatory. In common or ordinary parlance, and in its ordinary signification, the
term “shall” is a word of command, and one which has always or which must be
given a compulsory meaning; as denoting obligation. The word in ordinary usage
means “must” and is inconsistent with a concept of discretion.
Leslie v. Board of Appeals of County of Hawaii, 109 Haw. 384, 126 P.3d 1071 (2006),
citing Black's Law Dictionary 1375 (6th ed. 1990) (emphasis added).
57. In Perry v. Planning Comm'n, 62 Haw. 666, 619 P.2d 95 (1980), the court
articulated a three-prong test for determining when the word “shall” may be interpreted as
directory. First, “shall” can be read in a non-mandatory sense when a statute's purpose
“confute[s] the probability of a compulsory statutory design.” 62 Haw. at 676, 619 P.2d at 102.
Second, “shall” will not be read as mandatory when “unjust consequences” result. Id. Finally,
“the word ‘shall’ may be held to be merely directory, when no advantage is lost, when no right is
destroyed, when no benefit is sacrificed, either to the public or to the individual, by giving it that
construction.” Id. at 677, 619 P.2d at 103.
58. In this case, the first prong of the test is not met as the purpose of SMA Rule 10.0
clearly does not “confute the probability of a compulsory statutory design.” SMA Rule 10.0
clearly provides that, unless otherwise stated, the applicant “must” make substantial progress, or
33
the permit “shall” be deemed to have lapsed and be no longer in effect. By using both “must”
and “shall” in the same sentence, SMA Rule 10.0 clearly supports and proves the mandatory
nature of that provision.
59. As to the third prong, it is inarguable that with regard to the authority granted in
an SMA Use Permit, advantages are lost, rights are destroyed, and benefits are sacrificed upon
lapsing of the permit and, therefore, “shall” cannot be held merely to be directory.
60. As to the second prong, the court concludes that lapse of the Subject Permits
would not result in “unjust consequences.”
61. “Special controls on development are necessary to avoid permanent losses of
valuable resources and the foreclosure of management options [.]” HRS §205A-21 and SMA
Rule 1.2.
62. The SMA Rule 10.0 requirement that permits shall lapse if substantial progress is
not made, as determined by the Director, within two (2) years of the issuance of the permits
constitutes “special controls on development” within the SMA is consistent with the objectives,
policies, and guidelines of the CZMA.
63. A plain reading of SMA Rule 10.0 requiring lapse of the Subject Permits because
substantial progress was not made within two (2) years of issuance of the permits, as determined
by the Director, does not violate Kalan’s Due Process rights to develop his property.
64. A protected property interest under both the federal and state constitution’s due
process clause, “stems from an independent source such as state law - rules or understandings
that secure certain benefits and that support claims of entitlement to those benefits.” Brescia v.
North Shore Ohana, 115 Haw. 477, 168 P.3d 929 (2007); citing Roth, 408 U.S. at 577, 92 S.Ct.
2701.
34
65. A property interest will be seen to exist “if discretion is limited by the procedures
in question, that is, whether the procedures, if followed require a particular outcome.” Brescia,
Id.; citing Crown Point I, LLC v. Intermountain Rural Elec. Ass'n, 319 F.3d 1211, 1217 (10th
Cir. 2003) (citing Hyde Park Co. v. Santa Fe City Council, 226 F.3d 1207, 1210 (10th Cir.
2000)). See also Jacobs v. City of Lawrence Kansas, 927 F.2d 1111, 1116 (10th Cir. 1991)
66. Only if the governing statute compels a result upon compliance with certain
criteria, none of which involve the exercise of discretion by the reviewing body, does it create a
constitutionally protected property interest[.] Shanks v. Dressel, 540 F.3d 1082, 1091 (9th Cir.
2008) (citations and internal quotation marks omitted).
67. The issuance of an SMA Use Permit is a discretionary act by the KCPC and in no
instance is the KCPC compelled to issue a SMA Use Permit or the amendment or modification
of the same.
68. No development shall be allowed in any county within the special management
area without obtaining a permit in accordance with HRS ch. 205A, Part II. HRS §205A-28.
69. No development shall be approved unless the authority has first found:
(A) That the development will not have any substantial adverse environmental or
ecological effect, except as such adverse effect is minimized to the extent
practicable and clearly outweighed by public health, safety, or compelling public
interests. Such adverse effects shall include, but not be limited to, the potential
cumulative impact of individual developments, each one of which taken in itself
might not have a substantial adverse effect, and the elimination of planning
options;
(B) That the development is consistent with the objectives, policies, and special
management area guidelines of this chapter and any guidelines enacted by the
legislature; and
(C) That the development is consistent with the county general plan and zoning.
Such a finding of consistency does not preclude concurrent processing where a
general plan or zoning amendment may also be required.
HRS § 205A-26 (2) (A) - (C), SMA Rule 4.0 B (1) - (3).
35
70. The KCPC is not required to grant a request to modify or delete an SMA permit
condition imposed, but may do so for good cause shown. RPPPC 1-12-9 (b).
71. Because neither state nor county law compels that Kaplan be granted either a
SMA Use Permit or modification of a SMA Use Permit upon compliance with certain criteria,
and because the KCPC has discretion to grant such a request, a constitutionally protected
property interest is not created in a SMA Use Permit if substantial progress is not made, as
determined by the Director, regarding the development or activity within two (2) years of the
issuance of the permit, and therefore the automatic lapse of a SMA Use Permit under the
provisions of SMA Rule 10.0 does not deprive Kaplan of any Due process rights.
72. When construing a statute or administrative rule, courts are “bound to give effect
to all parts of a statute, and . . . no clause, sentence, or word shall be construed as superfluous,
void, or insignificant if a construction can be legitimately found which will give force to and
preserve all words of the statute.” Keliipuleole v. Wilson, 85 Haw. 217, 221, 941 P.2d 300, 304
(1997) (quotation marks omitted).
73. To interpret SMA Rule 10.0 in a way that would treat the lapsing provision as
surplusage is inconsistent with the special development controls applicable within the SMA, and
the objectives, policies and guidelines of the CZMA and SMA Rules.
KAPLAN’S APPLICATION TO AMEND AND MODIFY
THE SUBJECT PERMITS WAS MADE UPON IMPROPER PROCEDURE
74. Under SMA Rule 10.0, permits can be amended through the procedure outlined in
RPPPC Ch. 12.
75. Under RPPPC Rule 1-12-9(a), “[i]f a permit holder desires to have a modification
or deletion of a condition that was imposed by the Commission, the permit holder shall file a
36
motion in accordance with Section 1-6-16 of these Rules and serve a copy to all parties to the
proceeding in which the condition was imposed.”
76. According to the record, Kaplan’s Application requesting modification did not
comply with the requirements of a motion as provided by RPPPC Rule 1-6-16, was not served on
any party, and was not accompanied by an affidavit or legal memorandum setting forth the
grounds upon which it was based.
77. However, because the Hendrikus permits lapsed on September 28, 2012, this
Court determines that allowing Kaplan to amend or modify a permit that had lapsed
approximately seven (7) years prior was in violation of statutory provisions, in excess of the
statutory authority and jurisdiction of the KCPC and the Planning Department, affected by other
error of law, and arbitrary and capricious, or characterized by abuse of discretion or clearly
unwarranted exercise of discretion in violation of HRS 91-14 (g) (1)(2)(4) and (6).
78. The April 23, 2019 Director’s Report correctly found that Kaplan’s request
constituted “Development” and required a SMA Use Permit.
79. HRS § 205A–28 provides, “[n]o development shall be allowed in any county
within the special management area without obtaining a permit in accordance with this part.”
80. Any “Development” within the SMA shall be subject to the review of the
Director, Planning Department, and Planning Commission, and shall be pursuant to the
objectives, policies and guidelines set forth in SMA Rule Sections 1.2, 3.0, and 4.0 and the
procedures set forth in SMA Rule Sections 7.0 and 8.0. SMA Rule 5.0.
81. The SMA Rules are special rules applicable to development within the SMA that
incorporate by reference the general procedural rules contained in the RPPPC and all provisions
37
of the RPPPC used as part of a SMA proceeding must be interpreted and applied consistent with
the objectives, policies, and guidelines of the CZMA and SMA Rules.
82. The objectives and policies of the CZMA are “paramount in any determination
involving the use of land in a special management area.” Mahuiki, 65 Haw. at 519, 654 P.2d at
882-883 (1982).
83. Public participation is a clearly stated objective and policy of the CZMA. HRS §
205A–2 (b) (8), (c) (8). As such, in implementing the CZMA, the SMA Rules, and the RPPPC
the KCPC and the Planning Department must stimulate public awareness[,] and participation in
coastal management, and promote public involvement in coastal zone management. Id.
84. According to the objectives and policies of the CZMA concerning “managing
development,” the KCPC and the Planning Department shall: improve the development review
process, communication, and public participation in the management of coastal resources and
hazards; use, implement, and enforce existing law effectively to the maximum extent possible in
managing present and future coastal zone development; and communicate the potential short and
long-term impacts of proposed significant coastal developments early in their life cycle and in
terms understandable to the public to facilitate public participation in the planning and review
process. HRS § 205A–2 (b) (7), (c) (7) (A) & (C).
85. The April 23, 2019 Director’s Report clearly provided that Kaplan’s application
constituted development and that a SMA Use permit was required as defined in Section 7.3 of
the SMA Rules. (COK000386). Because the Planning Director made this determination, he was
obligated to inform Kaplan of the following: the requirement of an application pursuant to SMA
Rule 8.0; the public hearing requirements pursuant to SMA Rule 9.0; the Planning Commission’s
38
requirements for action pursuant to SMA Rule 10.0; and the area of critical concern to delineate
the scope of the information which the applicant must address. SMA Rule 7.3 C (a) - (d).
86. The general RPPPC rules must be implemented and interpreted consistent with
the objectives, policies, and guidelines of the CZMA despite the Directors discretion to require a
notice of hearing on the modification or deletion of conditions contained in RPPPC Rue 1-12-9
(a) or the provisions of RPPPC 1-6-16.
87. This Court determines that the KCPC and the Planning Department were
obligated to hold a public hearing on Kaplan’s application so as to effectuate the objectives,
policies, and guidelines of the CZMA regarding Public Participation and Managing
Development.
88. This Court determines that the KCPC’s approval of the Kaplan Application at its
April 23, 2019 hearing was made upon unlawful procedure for failing to follow the SMA Use
Permit application and public hearing procedure provided for in the County of Kauai SMA Rules
and the CZMA, and is thus in violation of HRS 91-14(g)(3).
THE KCPC AND KAPLAN FAILED TO PROVIDE SOMERS
AND THE PUBLIC WITH ADEQUATE NOTICE OF THE APRIL 23, 2019
HEARING AS REQUIRED BY HRS § 205A-29 (A) AND SMA RULE 9.0.
89. Public participation is a specific objective and policy under the CZMA and the
SMA Rules. See HRS § 205A-2 (b) (8) and (c) (8) and SMA Rule 3.0.
90. HRS § 205A-29 provides that:
The authority shall provide for adequate notice to individuals whose
property rights may be adversely affected and to persons who have
requested in writing to be notified of special management area use permit
hearings or applications. The authority shall also provide public notice
statewide at least twenty days in advance of the hearing.
39
91. With regard to the Kaplan Application, the KCPC, the Planning Department, and
Kaplan were all required to comply with the notification procedures contained in HRS § 205A-
29 (a) and SMA Rule 9.0.
92. Under SMA Rule 9 A:
The Planning Commission shall conduct a public hearing within a period
of sixty (60) calendar days from the date of acceptance of a properly filed
and completed application as determined by the Planning Department,
unless the sixty-days period is waived by the applicant. The Planning
Department Commission shall give written notice to the applicant, and
notice shall also be published once within the County of Kaua‘i and once
in a newspaper of general circulation in the State at least twenty (20)
calendar days prior to the date of the public hearing in a publication
pursuant to HRS Section 1-28.5.
93. Under SMA Rule 9 D:
At least twenty (20) calendar days prior to the scheduled date of such
hearing, the applicant shall either hand-deliver written notices to persons
listed on the current Real Property Assessment Notice List located at the
Real Property Division of the Department of Finance of the County of
Kaua‘i, or send by certified mail written notices to the addresses shown on
such Real Property Assessment Notice List for at least eighty-five percent
(85%) of all tax map key parcels within 300 feet from the nearest point of
the tax map key parcel involved in the petition.
94. Upon receipt of Kaplan’s application, the KCPC did not set the matter for “Public
Hearing” as required by SMA Rule 9.0 A. Instead, the KCPC placed the application on its
April 23, 2019, meeting agenda as a “General Business Matter.”
95. The KCPC did not conduct a “Public Hearing” upon Kaplan’s application, and the
Planning Department did not require Kaplan to comply with the notice requirements contained in
HRS § 205A-29 (a) and SMA Rule 9.0 A and D.
96. The KCPC and the Planning Department allowed the agenda merely to be posted
in accordance with HRS § 92-7.
40
97. The April 23, 2019 KCPC agenda item language concerning the Kaplan
Application was insufficient under HRS § 92-7 to notify the public or Somers that the Hendrikus
permits were being amended or modified per Kaplan’s Application. The agenda item made no
reference to the entire development permitted under the Subject Permits and did not reference
that the Subject Permits were originally granted to Hendrikus.
98. Neither Somers, the public, nor other neighboring landowners were given
adequate notice of the meeting as required by HRS § 205A-29 (a) and SMA Rule 9.0. (COK
000793.)
99. Pursuant to HRS § 205A-29 (b):
No agency authorized to issue permits pertaining to any development
within the special management area shall authorize any development
unless approval is first received in accordance with the procedures adopted
pursuant to this part.
100. There is no lawful authority to support the premise that the mandatory notice
requirements in the CZMA and County SMA Rules do not apply to Kaplan’s Application for
permit extension and modification as provided in the June 25, 2019 Director’s Report. (COK
000491.)
101. The CZMA and the SMA Rules require both public notice and specific
individualized notice to nearby property owners and other individuals whose property rights may
be adversely affected is required, and specifically provides the process and procedure therefor.
102. This Court determines that the KCPC and Planning Director’s decision to waive
public notification and hearing requirements with regard to Kapan’s application was an abuse of
discretion and clearly exceeded the bounds of reason and disregarded rules or principles of law
or practice to the substantial detriment of Somers, and furthermore that it was in violation of
41
statutory provisions, in excess of the statutory authority or jurisdictions of those agencies, and
was affected by other error of law in violation of HRS 91-14(g)(1)(2) & (4).
THE DIRECTOR’S APRIL 23, 2019 REPORT AND THE
KCPC’S MAY 2, 2019 DECISION DID NOT CONTAIN THE FINDINGS
REQUIRED BY HRS § 205A-26 (2)(A)-(C) OR SMA RULE 4.0 B (1) - (3).
103. The legislature has sought to maintain the integrity of its declared policy by
providing guidelines in HRS § 205A-26 to be followed by the counties in reviewing applications
for special management area use permits. Mahuiki v. Planning Com'n, 65 Haw. 506, 654 P.2d
874 (1982).
104. Both State and County law require that no development shall be approved unless
the authority has first found:
(A) That the development will not have any substantial adverse environmental or
ecological effect, except as such adverse effect is minimized to the extent
practicable and clearly outweighed by public health, safety, or compelling public
interests. Such adverse effects shall include, but not be limited to, the potential
cumulative impact of individual developments, each one of which taken in itself
might not have a substantial adverse effect, and the elimination of planning
options;
(B) That the development is consistent with the objectives, policies, and special
management area guidelines of this chapter and any guidelines enacted by the
legislature; and
(C) That the development is consistent with the county general plan and zoning.
Such a finding of consistency does not preclude concurrent processing where a
general plan or zoning amendment may also be required.
HRS § 205A-26 (2) (A) - (C), SMA Rule 4.0 B (1) - (3).
105. The Hawaii Supreme Court has overturned the granting of SMA permits because
the findings required by [HRS § 205A-26] paragraph (2) were not made. See, Mahuiki v.
Planning Commission, 65 Haw. 506, 654 P.2d 874 (1982), and Hui Alaloa v. Planning
Commission et al., 68 Haw. 135, 705 P.2d 1042 (1985).
42
106. The Court in PASH found that the Hawai‘i County Planning Commission may not
issue special management area use permit unless it found that proposed project will not have any
significant adverse effects. Public Access Shoreline Hawaii by Rothstein v. Hawai‘i County
Planning Com'n by Fujimoto, 79 Haw. 425, 903 P.2d 1246, cert. denied, 116 S.Ct. 1559, 517
U.S. 1163, 134 L.Ed.2d 660 (1995).
107. The Project Area is acknowledged to be significant for its archaeological,
agricultural, historic, and natural features. (COK 000011.)
108. The inclusion of the Subject Properties within the Open/Special Treatment
District-Resource (ST-R) zone establishes that there are unique natural forms, biologic systems,
or aesthetic characteristics which are of particular significance and value to the general public
existing thereon. (COK 000275.)
109. The U.S. Department of Agriculture, Soil Conservation Service, identifies the
soils on the Subject Properties as rough broken land (Rrr) and Puhi silty clay loam 25 to 40%
slope (PnE) and due to topographical slopes, the erosion hazard of the Project Area is described
as severe, and the runoff is rapid on this type of soil. (COK 000274.)
110. Hawaii law mandates that the KCPC find that proposed developments are
consistent with the CZMA’s objectives policies and guidelines prior to approving such
development. HRS § 205A-26 (2) (a)-(c) and SMA Rule 4.0 B. (1) - (3). Neither the Director
nor the KCPC made any of the requisite findings that the proposed project was consistent with
the objectives, policies and guidelines of the CZMA.
111. This Court determines that the failure of the KCPC and Planning Director to make
findings that Kaplan’s proposed development was consistent with the CZMA’s objectives
policies and guidelines prior to approving such development as required by HRS § 205A-26 (2)
43
(a)-(c) and SMA Rule 4.0 B. (1) - (3) was an abuse of discretion and clearly exceeded the bounds
of reason and disregarded rules or principles of law or practice to the substantial detriment of
Somers, and furthermore that it was in violation of statutory provisions, in excess of the statutory
authority or jurisdictions of those agencies, and was affected by other error of law in violation of
HRS 91-14(g)(1)(2) & (4).
DECISION AND ORDER
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Appellee
COUNTY OF KAUAI PLANNING COMMISSION’s Decision and Order dated May 2, 2019,
Approving an extension of time and modification to the design of the farm dwelling unit; and
Appellee COUNTY OF KAUAI PLANNING COMMISSION’s Decision and Order dated
June 27, 2019, Denying Somers’ Petition for the Revocation of the approval to allow an
extension of time and modifications to the design of the farm dwelling unit for Michael Kaplan,
are hereby VACATED.
Accordingly, the Court grants Appellant Somers’ Administrative Appeal and orders that:
(A) Special Management Area Use Permit SMA (U) 2011-1; Class IV Zoning
Permit Z-IV-2011-1, and Use Permit (U) 2011-1 lapsed on September 28,
2012 and are deemed to be no longer in effect and no further development
shall proceed under the authority of the Subject Permits;
(B) This matter is remanded to the Planning Department with instructions to
find that Kaplan’s request for the construction of a farm dwelling unit in
addition to the pre-existing development on the Subject Property, and
amendment to modify the design of the previously permitted single family
residence requires a Use Permit pursuant to Chapter 8-11.3 of the Kauai
County Code, a Class IV Zoning Permit pursuant to Chapter 8-11.3 of the
Kauai County Code, and constitutes “Development” pursuant to HRS 205A-
22 and SMA Rule 1.4 F, thus requiring a SMA Use Permit as defined in
SMA Rule 7.3 C;
(C) The Director shall inform Kaplan of, and the KCPC, the Planning
Department, and Kaplan shall comply with the following requirements
pursuant to SMA Rule 7.3 C (a) - (d): the requirement of an application
pursuant to SMA Rule 8.0, the public hearing requirements pursuant to
44
SMA Rule 9.0, the Planning Commission’s requirements for action pursuant
to SMA Rule 10.0, and the area of critical concern to delineate the scope of
information which the applicant must address; and
(D) Kaplan’s request for Development shall not be approved unless the Director
or Planning Commission has first made the requisite findings pursuant to
HRS § 205A-26 (2) (A) - (C) and SMA Rule 4.0 B (1) - (3) after conducting
a public hearing and any other necessary hearings pursuant to HRS Ch.
205A, the SMA Rules of the County of Kauai, and the RPPPC, consistent
with this Court’s Findings of Fact, Conclusions of Law, and Decision and
Order.
IT IS SO ORDERED:
DATE: Lihu`e, Kaua`i, _________________________.
______________________________________
JUDGE OF THE ABOVE-ENTITLED COURT
-------------------------------------------------------------------------------------------------------------------
WEST SUNSET 32 PHASE 1, LLC; et al. v. COUNTY OF KAUA’I PLANNING COMMISSION,
et al.; Civil No. 5CC191000105; APPELLANTS WEST SUNSET 32 PHASE 1, LLC,
CHARLES SOMERS, AS TRUSTEE OF THE CHARLES SOMERS LIVING TRUST, AND
CHARLES SOMERS, INDIVIDUALLY’S FINDINGS OF FACT, CONCLUSIONS OF
LAW, AND DECISION AND ORDER
June 9, 2020
NOTICE OF ELECTRONIC FILING An electronic filing was submitted in Case Number 5CC191000105. You may review the filing through the Judiciary Electronic Filing System. Please monitor your email forfuture notifications. If the filing noted above includes a document, this Notice of Electronic Filing is service of the document under the Hawai`i Electronic Filing and Service Rules. Case ID:5CC191000105Title:WEST SUNSET 32 PHASE 1 LLC ETC VS. COUNTY OF KAUAIFiling Date / Time:TUESDAY, JUNE 9, 2020 03:02:56 PMFiling Parties:Case Type:Circuit Court CivilLead Document(s):Supporting Document(s):87-Order GrantedDocument Name:87-APPROVED - APPELLANTS WEST SUNSET 32 PHASE 1, LLC, CHARLES SOMERS, AS TRUSTEE OF THECHARLES SOMERS LIVING TRUST, AND CHARLES SOMERS, INDIVIDUALLY’S FINDINGS OF FACT,CONCLUSIONS OF LAWThis notification is being electronically mailed to:Chris Donahoe ( cdonahoe@kauai.gov )Mauna Kea Kaukaohu Higuera-Trask ( mtrask@cades.com )Kelsey Sachi Yamaguchi ( KSY@m4law.com )Kathleen N. A. Watanabe ( kathleen.n.watanabe@courts.hawaii.gov )Teresa S. Tico ( haenagirl@gmail.com )David J. Minkin ( dminkin@m4law.com )Laurel Loo ( ll@M4law.com )Roy A. Vitousek ( rvitousek@cades.com )The following parties need to be conventionally served:1 of 2Electronically FiledFIFTH CIRCUIT5CC19100010509-JUN-202003:02 PM
COUNTY OF KAUAI PLANNING COMMISSION2 of 2
EXHIBIT 2
Ka'aina S. Hull
Dir.::elllr 1J/' Planning
COUNTY OF KAUA'!
PLAN~ING DEPARTMEKT
.Jodi Higuchi Saycgusa
Deputy Director of Planning
DIRECTOR'S REPORT
I. SUMMARY
Action Required by
Planning Commission:
Consideration of Use and Class IV Zoning Permits to allow
construction of a farm dwelling unit (FDU).
Permit Application Nos. Class IV Zoning Permit Z-IV-2021-8
Use Permit U-2021-7
Name of Applicant(s) MICHAEL KAPLAN
IT. PERMIT INFORMATION
;., ' ' : : .', '.i• ,. "·· >/ ~}: ' ' .. : . ,' 'r1E'RL'\1rrs 'REQUIRED . ' ' ,,• ,, ,, ''
. ' ' . ·, . . . ' ; ~ ' ::~ ,
[gJ u;c Permit . . . Pursuant to Section 8-.11.3 of the Kaua'i County Code
(1987) as amended, a Use Permit is required since the
project is situated within the Special Treatment District.
LJ Project Development Use
Permit
D Variance Permit
0 Special Permit
····-·•--""
[gJ Zoning Permit Class A Class IV Zoning Permit is a procedural requirement for
[8J IV obtaining a Use Permit within the Special Treatrn.cnt ··-
om Resource (ST-R) District.
--,,,,~-... ---------LJ Special Management Arca
Permit
•Use
Minor
AMENDMENTS
D Zoning Amendment
"CJ Genernl Plan Amendment
·---·-·"'-
-·-•-' ·---... --------" LJ State Land Use District
Amendment
F .1.1,.1.
iAPR 1 3 2021 EXHIBIT 2
Date of Receipt of Completed February 11, 2021
Application:
Date of Directoa·'s Report; March 23, 2021
Date of Public .Hearing: APRlL 13, 2021
Deadline Date for PC to Take Action May 22, 2021
(6QTH Day):
HI. PROJECT DATA
.. ."'< . . P~OJEGTINFOI{AMTION ·. :. ·' .. , ..... .. . ,. ..
Parcel Location: Kilauea. Situated approximately 1,700 feet from Kahili Makai Road and
2,700 feet from Lhc Kahili Makai Road/Kuhio Highway intersection.
Tax Map Key(s): 5-2-012:019 I Arca: I 0.735 acres ...
ZONING & DEVELOPMENT STANDARDS
·"'-""'"'""·-.......
Zoning: Open (O)/Spccial Treatment District -Resources
(ST-R) --State Land Use District: Agricultural ... _...,_
General Plan Designation: Natural ,.----·~·_..---.......... ~.
Height Limit: 25 feet -------.. -~.·-·~••.,-·
Max. Land Coverage: 50% ---Parking Requirement: 2 min. parking spaces required per dwelling unit,
Total = Two (2)
Front Setback: 10 feet
Rear Setback: 5 feet OR½ Building Plate Height
·~·
Side Setback: 5 feet OR ½ Building Plate Height
Community Plan Area: North Shore Planning Area (NSPA)
Community Plan Land Use NA.
Designation: -
Deviations or Variances Requested: NA.
IV. LEGAL REQUIREMF:NTS
Section 8-3.l(f), KCC: This report is being tra:nsmittcd to the Applicant and
Planning Commission in order to satisfy the
requirements of Section 9.0 of the COK SMA Rules and
Regulations, relating to the scheduling of'a public
hearing within sixty (60) days of the filing of a
completed application. The applicaLion was received on
February 11, 2021 and the Applicant was notified
accordingly of the Planning Department's intent to
commence permit processing.
Public Hearing Date:
7-IY-?021-8, U-2021-7; Director's Report
KAPLA 'I
3. l7,2C2 I
APRIL 13, 2021
21Page
-·-
-·----·
V. PROJECT DESCRIPTIOl\ AND USE
As represented, the Applicant is proposing the construction of a one-story farm dwelling
unit (FDU) featuring 2 bedrooms with 2.5 bathrooms and containing a total living area of
approximately 2,373 square feet (SF). The primary entrance to the FDU is covered by a
Porte Cochcrc that occupies approx. 396 SF, which brings the total area of the project to
2,796 SF. The entire site is localed in the Open (0) zoning district and construction occurs
within a cleared area on the parcel.
The County's Tax Maps shows the subject parcel is recognized as a Kuleana (Land
Commission Award L.C. Aw. 10333) and contains an area approximately 0.735 acres.
As represented in the application, access to the project site is through casements affecting
adjacent properties (refer to Page 2, Section II of the Application).
VI. APPLICANT'S REASONS/JUSTIFICATION
It is noted that the Applicant has commenced with the construction of the residence through
a previous application; SMA Use Permit SMA(U)-2011-1, Class IV Zoning Permit Z-IV-
2011-1, and Use Permit U-20 l 1-1. The application involved the construction of the
dwelling unit that is being proposed through this applica'tion as well as improvements on a
neighboring parcel (TMK: 5-2-021 :Por. 041, Unit 1). These permits were invalidated by a
court order indicating that it time limitations has lapsed (refer to Page 3, Section V. of the
Application).
Z-IV-202I-8. U-2021-7. Director's Reporl
KAPLA~I
3.17.2021
3[Page
The Applicant appeared before the Plarming Commission on April 23, 2019 and received
approval involving modifications to the previously approved FDU design that resulted in:
o a 341 sq. ft. reduction from 2,694 sq. ft. to 2,353 sq. n.
o a reduction of lot coverage from 9.9% to 8. 7%.
o a reduction of building height from 21' to 19' ½".
o a design change for the farm dwelling.
Based on the circumstances noted above, the Applicant is requesting permits to allow
continuation for the construction of the proposed FDU and the justification of the project is
contained in the Application.
VII. ADDITIONAL FINDINGS
l. The project site is located in the KIiauea area, along the makai side of Kuhio
Highway. The property is considered a Kuleana and situated entirely within Open
(0) zoning district. The area within the Open District is also situated within the
Special Treatment-Resource District (ST-R).
2. fulec\ciLTrcatrncnt-Resource District (~I.::RJ
The property is located in the ST-R District. It is the intent of that district to insure
that development within these areas recognize, preserve, maintain and contribute to
the enhancement of those characteristics which arc of particular significance or value
Lo the general public.
3. The State Land Use District (SLUD) designation is "Agricultural," which allows for
agricultural uses that arc consistent with Chapter 205 of the Hawai'i Revised Statutes
(HRS).
4. The subject property is NOT located within the Visitor Designation Area (VDA) and
the General Plan (GP) designation is "Naturnr1
• The GP recognizes that residential
development on agricultural lands is an unsustainable trend, and emphasizes
preserving agricultural lands in intact form while limiting other uses. When
development occur, it should be clustered so as to minimize the requirements for new
infrastructure and the impacts on open space, and adjacent land uses.
5. The property is situated within the North Shore Planning Area (NSPA) and
will be Sllbjected to all applicable requirements. Additionally, the proposed
development shall be subjected to the standards prescribed in Sec.lions 8-4.3
and 8-4.5 of the CZO.
6. The subject parcel is in close proximity to the KIiauea River along its northern
boundary and approximately 5,000 feet away from the shoreline area (KIiauea Bay).
As such, a Shoreline Setback Determination is not applicable.
7. The proposed Farm Dwelling Unit (FDU) is located within Zone 'X' of the Federal
ZIV 2021 8. U-202i-7: Director's Report
KAPLAN
3.17.?,0?1
41Pagc
Emergency Management Agency (FEMA) Flood Insurance Rate Map. FEMA has
identified those areas within the Zone ·'X" are determined to be outside the 0.2%
annual chance floodplain, which means a ilood of that size or greater has a 0.2-
pcrcent chance (or l in 500 chance) of occurring in a given year.
8. The general topography of the property contains a very gentle slope that moves from
south to north, in the direction towards KIiauea River. The neighboring parcels are
characterized by steep slopes that slope towards Kflauea River. There arc numerous
lava rock teJTaces on this parcel as well as neighboring properties.
9.
As previously mentioned, the primary access to the project site is through easements
affecting adjacent properties and, is through an unimproved driveway.
I 0. Existing Land Use Peunit~
The following information represents land use approvals/permits associated with the
subject property:
o Special Management Area lJse Permit SMA(U)-2011-1, Use Permit
U-2011-1, and Class IV Zoning Permit Z-IV-2011-1: The application
received approval by the Planning Commission on September 28, 2010
and it authorized the construction of a Fann Dwelling, accessory
agricultural storage & office structures, and site improvements.
I 1. S..Rccial Managernent Arc9-(SMA)
The subject property is located within the SMA, however, the construction or the first
residence on a parcel is not considered "development" and therefore exempt from an
SMA Permit, pursuant to Hawaii Revised Statutes (HRS) §20SA-22,
VTII. AGENCY COMMENTS
Comments from applicable government agencies are being sought and are expected at
time of the public hearing scheduled on April 13, 2021. At the present time, the
department has received comments only from the COK Dept. of Public Works -
Engineering Division, which is attached as Exhibit 'A'. Commenls from the COK Fire
Dept., Housing Agency & Dept. of Water, and the State Department of Health (DOH) are
being anticipated.
lX. PRELIMINARY EVALUATION
ln evaluating the Applicant's proposal to construct the residence and associated site
improvements, the following aspects are taken into consideration:
1. GENERAf , __ PT ,AN
The proposed development satisfies the following policies of the General Plan, as
Z-IV-2021-8, U-2021-7; Dimclor's Repor1
K/\µL/\N
3.17.2021
51Pagc
taken f'rorn Sections 1.3 & 1 .4: ·
A. Section 1.3, entitled "VISION AND GOALS"
l) Goal #1 "A Sustainable Island" -As represented, the project is an
example of responsible growth in an area designated for residential and
open space uses. The Applicant intends to utilize the parcel to support
agricultural activities for the island.
2) Goal #2 "A Unique and Beautiful Place" -The project will complement
the natural, cultural, social and built environmental assets of the Ki"lauca
area, and more specifically, around the KIiauea River area. As proposed,
the project is compatible with similar uses in the area. The Applicant is
selecting earth-tone colors, vegetation screens, and landscaping which will
enhance the appearance of the dwelling unit.
3) Goal #3 "A Healthy and Resilient People" -There will be minimal
visual impacts since the footprint of the structure has decreased in size
from the original application in 2011 (approx. 341 SF) and anticipate no
.significant negative impacts on historic sites or Hawaiian cultural
pracliccs.
4) Goal #4 "An Equitable Place, with Opportunity for All" -The project
would support and enhance economic and business opportunities and jobs
on Kaua'i.
13. Section 1 A, entitled "POLICIES TO GUIDE GROWTH"
!) Policy #1 "Manage Growth to Preserve Rural Charactc1·" -As
proposed, the project is c0nsistenL in preserving the rural character of
the neighborhood and occurs in a location that is zoned for residential
development.
2) Policy #2 "Provide Local Housing" The Applicant recognizes the
need for more housing in the north shore area and is intended to
fhrlher support housing opportunities. ·
3) Policy #8 "Protect Kauai's Scenic Beauty" -The project should not
have any substantial negative impacts on the visual resources in the
KT!auea area. The propos~d new color scheme and landscaping for the
project would lessen the overall visual impact of the cunent
improvements, as viewed from lhc lGlauca Bay area or along the river
side.
4) Policy #9 "Uphold Kaua'i as a Unique Visitor Destination" -The
General Plan identify areas like Ha'cna, Wainiha and Hanalei being
drastically impacted by 11011-tradilional visitor industry operalions. As
a result, these communities have been considerably altered as a
consequence of these operations. The project area is outside of the
visitor destination area ana the proposed FDU is prohibited from being
utilized as a Transient Vacation Rental or Homcstay.
5) Policy #11 "Help Agricultural Lands Be Productive" As
previously represented, the Applicant intends to utilize a portion of the
6!Pagc
7-IV-?021-8. U-2021-7: Oircclor's Report
KAPLAN
3.17 2021
parcel for agricultural purposes.
2. NORTII SHORE PLANNING AREA (NSP.Al
The proposed dwelling unit is consistent with the goals and objectives of this plan,
and is compatible with the existing residences in this neighborhood. Furthermore, it
complies with the development standards contained in Section l 0-2.4(e) of the Kaua'i
County Code (l 987), as amended.
3. USE PERMIT
Pursuant Article 20 of the Comprehensive Zoning Ordinance (CZO), Chapter 8 of the
Kaua'i County Code (1987), the purpose of the Use Permit procedure is to assure the
proper integration into the community of uses which may be suitable only in specific
location of a district, or only under certain conditions, or only if the uses are designed,
arranged or conducted in a particular manner, and to prohibit the uses if proper
integration cannot be assured. Section 8-20.5 of the C70 specifies a Use Permit may
be granted only if the Planning Commission finds that the use meets the following
criteria:
o The use must he a compatible use;
o The use must not be detrimental to persons or property in the area;
o The use must not cause substantial enviromnental consequences; and
o The use must not be inconsistent with the ihtent of the Comprehensive Zoning
Ordinance (CZO) and General Plan.
Based on the criteria noted abov9, the following aspects are examined:
a. Compatihle Use -The construction of a farm dwelling remains consistent
with surrounding improved land uses. Historically, the kuleana was utilized
for agricultural purposes and the proposed development wilt allow for the
Applicants to continue tbis use. The appearance of the building has been
designed to minimize visual impact to the sunounding community. The
location and size of the proposed projec1 will not create unusual noise or other
conditions that may be incompatible to the surrounding area.
b. Will Not Be Detrimental to Persons Residing on Property or in the Area -
J\s represented, the proposed project is located within a rural agricultural
neighborhood. As previously mentioned, the project site is not prone to flood
hazards. Since the project is situated within a very rural neighborhood, the
proposed development would not be detrimental to persons residing in the
area and properties sunounding the project site arc similarly zoned.
Therefore, the project should not have significant adverse impact to the
community.
c. Will Not Cause Substantial Harmful Environmental Consequences • The
project site has been previously disturbed and utilized for agricultural
purposes, and it is unlikely that rare, threatened or endangered species, or
sensitive habitat will be aff ectecl by the proposed development. Due to the
71Page
7-IV-202:-8. U-2021 1/; Oiteclor's Repor1
K/\1'1 AN
3.1/ 2()21
cxtensi vc ground disturbance that occurred from the past, it is unlikely that
any mammalian or avian species, or botanical resources would be impacted by
the project.
d. \Vill Not Ile Inconsistent ~ith the Intent of the CZO and General Plan --
The subject property as well as the adjacent parcels along the makai side of
the highway are similarly zoned to accommodate the mixed uses in this
agricultural subdivision. As proposed, the project is consistent with the
development standards of the CZO and Vision & Goals of the General Plan.
4. CZO_DEVELOPMENT STANDA-RDS
As proposed, the project complies with the building height, setback, and off-street
parking requirements for development within the Open/Special Treatment Resource
(0/ST-R) zoning district, as spec'ified in Sections 8-4.3 & 8-4.5 the Comprehensive
Zoning Ordinance (CZO).
In order to further ensure that the project is compatible with its surnmndings and to
minimize the visual impact of the structure, the external color should be of a
moderate to dark earth-tone color, and the Applicant should provide substantial
landscaping. The proposed color scheme and a landscape plan should be submitted Lo
the Planning Department for review and acceptance prior to building permit
application.
As previously mentioned, the project site is situated outside of the VDA. As such, the
proposed fann dwelling should not be utilized for transient accommodation purposes.
a. Special TreHtmcnt -Resource District (ST-n.): In considering the proposal, it
is noted that the project is not visible to the general public from Kahili Makai
Street or public vantage points along KTlauea Bay. The project is already situaLed
within a heavily wooded area., and through proper landscaping, any visual impacts
of the farm dwelling or associated structure would be mitigated as viewed from
certain vantage points across the Kilauea River.
Finally, it is uncertain as to whether the Applicant has made provisions for night
illumination with the project, based on the preliminary plans that have been submitted. If
so, night illumination should be designed to minimize adverse impacts on the Federally
Listed Threatened Species, Newell's Shearwater and other seabirds. Night lighting should
be shielded from above and directed downwards and shall be approved by the U.S. Dept. of
the Interior Fish and Wildlife Service. · If external lighting is lo be used in cormection with
the proposed project, all external lighting should be only of the following type: downward-
/acing shielded lights. Spotlights aimed upward cir spotlighting of structures is prohibited,
X. PRRLIMINARY CONCLUSION
Based on the foregoing, it is concluded that through proper mitigation measures the
proposed development would not have any detrimental impact to the envirornnent or the
sunounding area and is in compliance with the criteria outlined for the granting of a Use
8!Page
Z-IV-2021-8. U-2021-7: Director's Reporl
KAPLAN
3.17 2021
Permit and Class lV Zoning Permit. Additionally, the project is consistent with the
objectives/goals/policies of the General Plan, North Shore Planning Area, the
Comprehensive Zoning Ordinance, and other applicable ordinances. The development will
not have any substantial adverse environmental or ecological effect. Any adverse
environmental or ecological effect that may result will be minimized to the extent
practicable; and
The Applicant should institute the "Best Management Practices" during the construction
phase of the project in order to insure that the proposed development does not generate
impacts that may affect the health, safety, and welfare of those in the surrounding area of
the proposal.
The Applicant shall implement to the extent possible sustainable building techniques and
operational methods for the project.
XI. PRELMJNARY RECOMMENDATION
Based on the foregoing evaluation and conclusion, it is hereby recommended that the
proposed development involving the construction of a farm dwelling and associated site
improvements th.rough Class l V Zoning Permit Z-IV-2021-8 and Use Permit U-2021 -7 be
APPROVED subject to the following conditions:
1. The project shall be constructed as represented. Any changes to the operation
and/or the respective structures shall be reviewed by the Department to
determine whether Planning Commission review and approval is warranted.
2. In order to ensure that the project is compatible with iLs surroundings and to
minimize the visual impact of the structure, the external color of the proposed
residence shall be of a moderate to dark earth-tone color. The proposed color
scheme and a landscape plan should be submitted to the Planning Department
for review and acceptance prior to building permit application.
3. The Applicant shall submit for review and approval by the Planning Department,
a landscape plan composed o.f native species, or species common to the area, to
help to screen the proposed structures, and integrate the site with its
surroundings.
4. The Applicant is made aware that the proposed residence shall not be utilized for
any transient accommodation purposes. It shall not be used as a transient
vacation rental (TVR) or as a homcstay.
5. If external lighting is to be used in connection with the proposed project, all
external lighting should be only of the following type: downward-facing
shielded lights. Spotlights aimed upward or spotlighting of structures is
prohibited.
9jPage
l-lV-2021·8, U-2021-/; Director's Report
K1\PIA~/
3 17 202)
6. The Applicant shall develop and utilize Best Management Practices (BMPs)
during all phases oC development in order to minimize erosion, dust, and
sedimentation impacts of the project to abutlirig properties.
7. Unless otherwise stated in the permit, once a permit is issued, the Applicant
must make substantial progress, as determined by the Director, regarding the
development or activity withh1 two (2) years, or the permit shall be deemed to
have lapsed and be no longer in effect.
8. The Applicant .should resolve and comply with all agency requirements as
recommended in the permit application review, .including but not limited to the
building permit & drainage requirements of the County DPW Engineering
Division, Cow1t)' Fire, Department, potable water & fire protection
requirements for the County Dept. of Water, and regulations involving
environmental concerns as administered by the State Depruiment ofllealth.
9. Since there arc known archaeological sites (agricultural te1Taccs) on the subject
parcel, the Applicant shall closely with State Department of Land and Natural
Resources Historic Preservation Division (SHPD) in order to ensure that these
archaeological sites remain undisturbed and/ot' unaffected by the proposed
construction activities. Furthermore, the Applicant is advised that should any
archaeological or historical resources be discovered during ground
disturbing/construction work, all work in the area of the archaeological/historical
findings shall immediately c~asc and the Applicant shall contact the SHPD and
the Planning Department.
I 0. Prior to commencement of'the proposed development, written confirmation of
compliance with the requirements from all reviewing agencies shall be provided
to the Planning Department.
11. The Applicant is advised that prior to construction and/or use, additional
government agency conditions may be imposed. It shall be the Applicant's
responsibility to resolve those conditions with the respective agency(ics).
12. The Planning Commission reserves the right to add or delete conditions of
approval in order to address or mitigate unforeseen impacts this pr~ject may
create, or revoke the permits tluough the proper procedures should conditions of
approval be violated or adverse impacts be created that cannot be properly
addressed.
The Pla1111ing Commission is fmiher 'advised that this report docs not represent the
Planning Department's final recommendation in view of the forthcoming public hearing
process scheduled for April 13, 2021 whereby the entire record should be consid.ercd
prior to decision making. The entire record should include but not be limited to:
a. Pending government agency comments;
b. Testimony from the general public and interested others; and
10 IP age
7-IV-2021 8. U-2021 /: Dimctor's Report
KAPLAN
3.11.2021
c. The Applicant's responsi; to staff's report and recommendation as provided
herein.
Z-IV-2021-8. l.-?021-7: DireCIOr'I Report
KAPLAN
3 17 2021
By
Plarmer ·
. ~:1;;;1t:nd;;,o Commission
KA'AlNA S. HlJLL
Director of Planning
Date: _ _3 ~ ?.--) . _/ w 2--\ .
11. !Pagc
EXHIBIT 3
PLANNING COMMISSION
KAAINA S. HULL, CLERK OF COMMISION DONNA APISA, CHAIR
HELEN COX, VICE CHAIR
MELVIN CHIBA, MEMBER
FRANCIS DEGRACIA, MEMBER
GLENDA NOGAMI-STREUFERT, MEMBER
LORI OTSUKA, MEMBER
DECISION AND ORDER OF THE PLANNING COMMISSION
IN THE MA"ITER OF:
An Application for Class IV Zoning Permit Z-IV-2021-8
and Use Permit U-2021-7
Michael Kaplan, Trustee of the Michael A. Kaplan Revocable Trust
This matter having come before the Commission on May 11, 2021, and the
Commission having considered the filings of the Applicant and of the Planning
Department, public testimony thereon, counsels' statements on the record, the Rules of
Practice and Procedure of the Kaua'i Planning Commission, and the relevant law
hereto, the Commission hereby decides as follows:
The Application is Denied. In consideration of its duties and obligations, the
Commission concludes that in accordance with the weight of the public testimony
presented, the record does not reflect sufficient analysis regarding: 1.) traditional and
customary Native Hawaiian practices in connection with the property and the relevant
area; or 2.) confirmation or denial of the presence of culti.1ral and/or archeological
artifacts on site and in the relevant area. The record is insufficient in that it does not
allow the Conunission to fulfill its three-prong duty to: a.) identify and determine the
scope of valued cultural, historical, or natural resources on the property and in the
4444 Rice Street, Suite A473 • Uhu'e, Hawai'i 96766 • (808) 241-4050 (b)
An Equal Opportunity Employer
EXHIBIT 3
relevant area, including the extent to which Native Hawaiian traditional and customary
rights were exercised in the relevant area; b.) determine the extent to which those
resources, including traditional and customary Native Hawaiian rights, will be affected
or impaired by the proposed action; and c.) determine a feasible action to protect
Native Hawaiian rights if those rights ai;e found to exist. In re: Contested Case Hearing re:
CDLlA Ha-3568 for the Thirty Meter Telescope, etc., 143 Haw. 379, 395, 431 P.3d 752, 768
(2018); Ka Pa'akai O Ka'Aina v. Land Use Commission, 94 Haw. 31, 53, 7 P.3d 1068, 1089
(2000).
SO ORDERED this 20th day of May, 2021, at Uhu'e, Kaua'i, Hawai'i.
By:
Chair of the Planning Commission
PAGE 2
Decision and
Permits
rder of Kaplan Application for
Final Audit Report 2021-05-20
Created: 2021-05-20
By: Barbara Montemayor (bmontemayor@kauai.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAgNhJHFPKlzmOPADpbUZsxUloEqdTtzl1
"Decision and Order of Kaplan Application for Permits" History
fl Document created by Barbara Montemayor (bmontemayor@kauai.gov)
2021-05-20-5:49:08 PM GMT-IP address: 64.128.3.74
c::~ Document emailed to Donna Apisa (dapisa@kauai.gov) for signature.
2021-05-20 -5:49:30 PM GMT
t~ Email viewed by Donna Apisa (dapisa@kauai.gov)
2021-05-20-6:55:16 PM GMT-IP address: 72.234.60.220 '
6-0 Document e-signed by Donna Apisa (dapisa@kauai.gov)
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C-011 IA P,A 0� V l«AA/ (; V\,f"'1} �tatr of Hawai i
Parcel 520120350000 Situs/Physical
ID Address
Acreage 161.88 Mailing Address
Class RESI DENTIAL
BriefTax Description LO T 2161.880AC DES
1957 KAHILi QUARRY RD
SOMERS.CHARL ES M
TRUST
C/O B & Z PROPERTIES
5241ARNOLDAVE
MC CLELLAN CA 95652
(Note: Not to be used on legal documents)
Total Market Value
Tota I Assessed
Value
Total Exemptions
Total Net Taxable
Value
$13,817,900
$13,817,900
$0
$13,817,900
Overview
oc9 0
Legend
Last2Sales
Date
12/20/2000
n/a
D Parcels
Roads
Price
$4050000
0
Reason
MULTI-
PI TT
n/a
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Date created: 3/29/2021
Last Data Uploaded: 3/29/2021 9:08:37 AM
Develope d by"' .... Schneider
�JI' G£0SPATIAL
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BEFORE THE PLANNING COMMISSION
OFTHE
COUNTY OF KAUA'I
In the Matter of the Application
Of
MICHAEL KAPLAN, Trustee of the Michael A.
Kaplan Revocable Trust, date August 12, 1992
as amended and restated by instrument dated
July 16, 2017, affecting real property located at
Kahili Ahupua' a, Hanalei, Island and County of
Kauai, State of Hawaii, more particularly
identified as Tax Key No. (4) 5-2-012:019, and
containing an area of 32,034 sq. ft., more or less.
USE PERMIT NO. U-2021-7; CLASS IV
ZONING PERMIT NO. Z-IV-2021-8
CERTIFICATE OF SERVICE
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a copy of the foregoing document was
served by hand delivery, on the following:
KA'AINA S. HULL
Planning Director
Planning Department
County ofKaua'i
4444 Rice Street, Suite A473
Lihue, Hawai'i 96766
SECRETARY OF THE KAUAI PLANNING COMMISSION
LAUREL LOO, ESQ.
MCCORRISTON MILLER MUKAI MACKINNON
4357 Rice Street, Suite 102
Lihu' e, Kauai, Hawaii 96766
Attorneys for APPLICANT
MICHAEL KAPLAN, Trustee of the Michael A. Kaplan Revocable Trust
DATED: Lihu'e, Hawaii, September J.z, 2021.
CADES SCHUTTE LLP
Attorney for Petitioners-Interveners
WEST SUNSET 32 PHASE 1, LLC;
CHARLES SOMERS, as Trustee of the
Charles Somers Living Trust;
CS DEVELOPMENT LLC;
and CHARLES SOMERS, Individually
2
BRONSTER FUJICHAKU ROBBINS
A Law Corporation
MARGERY S.BRONSTER 4750
REX Y.FUJICHAKU 7198
1003 Bishop Street,Suite 2300
Honolulu,Hawai'i 96813
Telephone:(808)524-5644
Facsimile:(808)599-1881
MCCORRISTON MILLER MUKAI MACKINNON LLP
COUNTYPFKAUAI
"21 SEP 13 f'-iyg
r'••'<•••••<•.i,--,.,
LAUREL LOO
4537 Rice Street,Suite 201
Lihue,Hawai'i 96766
Telephone:(808)977-8015
4806
IN THE PLANNING COMMISSION OF THE
COUNTY OF KAUAI
In the Matter of the Application
of
MICHAEL KAPLAN,Trustee of the
Michael A.Kaplan Revocable Trust,
date August 12,1992 as amended
and restated by instrument dated
July 16,2017,affecting real
property located at Kahili Ahupua'a,
Hanalei,Island and County of
Kauai,State of Hawaii,more
particularly identified as Tax Key
No.(4)5-2-012:019,and containing
an area of 32,034 sq.ft.,more or
less.
APPLICANT MICHAEL KAPLAN'S
OBJECTION TO PETITION FOR
INTERVENTION,DATED
SEPTEMBER 13,2021 AND
REQUEST FOR HEARING;EXHIBITS
[Re:Settlement Agreement and
Consideration of Class IV Zoning
Permit (Z-IV-2021-8)and Use
Permit (U-2021-7)]
Related Property:
TMK #(4)5-2-012:019
Planning Commission Meeting:
Date:September 14,2021
Time:9:00 a.m.
^J.e'
APPLICANT MICHAEL KAPLAN'S OBJECTION
TO PETITION FOR INTERVENTION,DATED
SEPTEMBER 13.2021 AND REOUEST FOR HEARING
Applicant MICHAEL KAPLAN,Trustee of the Michael A.Kaplan Revocable
Trust,dated August 12,1992 ("Kaplan"),objects to the Petition for Intervention
("Petition")submitted on September 13,2021 on behalfofWest Sunset 32
Phase 1,LLC,Charles Somers,as Trustee of the Charles Somers Living Trust,
CS Development,and Charles Somers (collectively "Somers ).
The County of Kauai Planning Commission ("Commission )should deny
intervention by Somers in all proceedings related to Class IV Zoning Permit (Z-
IV-2021-8)and Use Permit (U-2021-7)("Subject Permits")for the property
identified by Tax Map Key:(4)5-2-012:019 ("Kuleana Parcel")because Somers's
prior petition for intervention was denied by the Commission,and Somers
failed to appeal that decision.As one federal appeals court recently put it,a
"second and renewed motion to intervene does not save the[]failure to appeal
the denial of the first."N.Carolina State Conference ofthe NAACP v.Berger,
999 F.3d 915,924 (4th Cir.2021).Consequently,Somers has no right under
law to re-file a second petition for intervention with respect to the same Subject
Permits.Intervention should be again denied.
I.Introduction
Somers's attempt at intervening in this proceeding should be denied for a
myriad of reasons.First and most importantly,Somers cannot reapply to
intervene with respect to the same permits where his intervention was already
denied by this Commission.Somers then chose not to appeal the
Commission's denial ofhis intervention.Somers is not entitled to re-seek
intervention under those circumstances,which would be an impermissible
second bite of the same apple.Second,the Petition was not filed in a timely
manner under the Rules of Practice and Procedure of the Kauai County
Planning Commission ("RPPPC").Third,even if the Commission were to
consider the Petition,in contravention of its rules,Somers has presented no
new evidence supporting intervention in this matter.The current Petition is
virtually identical to the prior,denied,petition to intervene.Somers seeks
intervention merely to interpose delay by the Commission of this matter.
Because Somers has no right to seek to intervene for a second time,has
not petitioned in a timely manner,and presents no basis for intervention,the
Commission should deny the Petition.
II.Backeround Facts
On February 11,2021,Kaplan submitted to the County of Kauai
Planning Department ("Planning Department")an Application for the Subject
Permits to complete construction of Kaplan s single-family residence on the
Kuleana Parcel.
On March 23,2021,the Director ofthe Planning Department issued his
Director's Report recommending approval of the Application with conditions.
On or around April 6,2021,Somers filed his first Petition for
Intervention ("First Intervention Petition")with the Planning Department.
On or around April 9,2021,Kaplan filed an Objection to the First
Intervention Petition ("First Objection")that opposed Somers's request.See
Exhibit "2 .Kaplan's First Objection is incorporated herein by reference.
On April 13,2021,the Commission considered the First Intervention
Petition at a public meeting,but it did not take any action.
On May 11,2021,the Commission again considered the First
Intervention Petition at a public meeting.During the meeting,the Commission
voted to deny Somers's intervention.
On May 20,2021,the Commission issued the Decision and Order ofthe
Planning Commission in the Matter of:Petition for Intervention by WestSunset 32
Phase 1,LLC and Charles Somers,as Trustee ofthe Charles Somers Liuing
Trust,et al.,In the Matter ofthe Application for Class IV Zoning Perm.it Z-W-2021-
8 and Use Perm.it U-2021-7 Michael Kaplan,Trustee ofthe Michael A.Kaplan
Reuocable Trust ("Order Denying Intervention ).The Order Denying Intervention
states:
Petitioners are not parties who hold an interest in the land,who
lawfully reside on the land,or whom otherwise can demonstrate that
they will be so directly and immediately affected by the proposed
application that their interest in the Proceeding is clearly
distinguishable from that of the general public.Further,the
Petitioners have not sufficiently demonstrated individual harm or
the threat of harm,and therefore lack standing to intervene.
Protect and Preserve Kahoma Ahupua'a Ass'n u.Maui Planning
Comm'n,148 Haw.275,472 P.3d 42,2020 Haw.App.LEXIS 320,
17-18 (ICA 2020);Dairy Road Partners u.Maui Planning Comm'n,
2015HawApp.LEXIS 26,*12,2015 WL 302643 (!CA 2015).Finally,
Intervention will not aid in the developinent of a full record and
will overly broaden the issues of thls matter.The Petitlon is
therefore denled.
See Exhibit "1 (emphasis added;italics in original).
Somers did not appeal the Order Denying Intervention.
During the May 11 public meeting,the Commission denied Kaplan s
Application.Unlike Somers,Kaplan timely appealed the Commission s decision
denying the Application to the circuit court.The appeal by Kaplan was against
the County of Kauai and the Commission (collectively "County ).Because
Somers was denied intervention,Somers was not a party to the appeal.
Kaplan and the County began to litigate the appeal,but agreed to settle
during an early settlement conference with the circuit court.Because he was
not a party to the appeal,Somers did not (and could not)participate in these
settlement discussions.
III.Soiners Cannot Re-Apply to Intervene Where He Failed to Appealthe
Coinniission's Prior Decislon to Deny Intervention
The Commission s denial of Somers s First Intervention Petition,coupled
with his decision not to appeal the Order Denying Intervention,bars Somers
from again seeking intervention in this proceeding.The Commission received
the First Intervention Petition in a timely manner,reviewed it,received public
testimony and deliberated over it on two separate days.After due
consideration,the Commission denied Somers's intervention and issued the
Order Denying Intervention that listed the facts,reasoning and basis for the
denial.If he thought the Order Denying Intervention was wrong,Somers could
and should have appealed it but he did not.
The RPPPC does not contain any provision allowing for a second request
for intervention in the same matter.Somers is now attempting to maneuver
5
around the Commission's Order Denying Intervention by filing the Petition,
which is a second request for intervention in the same matter.This is simply
not allowed.And,it would be an absurd burden on the Commission ifan
individual who was denied intervention could simply re-file a new petition for
intervention.It would lead to an unending string of petitions for intervention
where no intervention is warranted.If a party could petition for intervention on
every single hearing on the same permits,an already denied party,like Somers,
would be allowed to weigh down Commission proceedings through repetitive
petitions,even though (like Somers)they have no right to do so.
The Petition offers no law or argument to support a prospective party
getting a second attempt at intervention without having appealed the first
decision denying intervention.In fact,courts have held that a second motion
for intervention,such as the instant petition,is not allowed.As one federal
appeals court recently put it,a "second and renewed motion to intervene does
not save the[]failure to appeal the denial ofthe first."N.Carolina State
Conference ofthe NAACP v.Berger,999 F.3d 915,924 (4*Cir.2021);Smith v.
SEECO,Inc.,865 F.3d 1021,1026 (8th Cir.2017).Somers has already had an
opportunity to request intervention,an opportunity to present all of the
support for his request to the Commission,and an opportunity to appeal the
Commission's denial of his intervention.The Commission should not reward
Somers for not appealing the Commission's previous correct decision to bar his
intervention.
IV.Soiners's Petition is Untiinely
The Petition was not filed by the deadline set forth in the RPPPC.It is
therefore untimely.RPPPC Rule 1-4-3 states,"The petition for intervention
with certificate of service shall be filed with the Commission at least seven (7)
days prior to the Agency Hearing for which notice to the public has been
published pursuant to law."RPPPC Rule l-4-3."Untimely petitions for
intervention will not be permitted except for good cause shown."See id.
On September 7,2021,the Commission timely issued its notice that it
will consider the parties'settlement agreement on the Subject Permits on
Tuesday,September 14,2021.Somers did not serve file the Petition with the
Commission or serve it on Kaplan until September 13,2021.This is only one
day prior to the hearing,not the seven required by the rule.Somers has
offered no reason why he waited until the eve of the Commission's meeting to
file his Petition.Instead ofjustifying his untimely filing,Somers essentially
asserts that the rules do not apply to him and that he has rights and privileges
that other members of the Kauai community do not.This arrogance and utter
failure to respect the Commission's rules should not be rewarded.Pursuant to
clear and unambiguous language of the RPPPC,the Petition should not be
considered.
V.Soiners'Petition is Unsupported by Any New Evidence
Somers presents no new evidence or information that was not previously
considered by the Commission prior to the Order Denying Intervention.The
Petition is virtually a mirror image of the First Intervention Petition.
7
RPPPC Rule 1-4-1 provides three categories of individuals who are
eligible to intervene:(1)all Persons who have or hold an interest in the subject
land,(2)all Persons who lawfully reside on the land,or (3)all Persons who
otherwise can demonstrate that they will be so directly and immediately
affected by the proposed application that their interest in the proceeding is
clearly distinguishable from that ofthe general public.The Order Denying
Intervention expressly addressed each of these categories and found that
Somers lacked standing and does not qualify to intervene.See Exhibit "l".
It is important to note that the Declaration of Charles Somers that is
attached to the Petition was signed on April 2,2021.The declaration is a copy
of the declaration that was attached to the First Intervention Petition that was
provided to the Commission.All of Somers's statements in the declaration
attached to the Petition are repetitive,no new facts have been presented by
Somers,and all of the issues raised in the Petition were addressed by the Order
Denying Intervention.And,as already noted,Somers did not appeal any of the
findings or conclusions in the Order Denying Intervention.
Kaplan's original objection to the First Intervention Petition addressed
the many erroneous statements by Somers that have appeared in both the
First Intervention Petition and the current Petition.See Exhibit 2 .Asjust a
few examples,Somers incorrectly claims that the Subject Permits are part of a
larger development,but under the Subject Permits,Kaplan seeks only to
complete the construction ofhis house.To the extent that Somers claims that
the other property owned by Kaplan and other permits sought by Kaplan
8
should be considered,they are already being considered by the Intermediate
Court ofAppeals.See West Sunset 32 Phase 1,LLC u.County ofKauai Planning
Commission,CAAP-20-0000486.
Further,Somers incorrectly claims that part of the work under the
permits will be on his property,but under the Subject Permits all of the work
will be on Kaplan's Kuleana lot.Moreover,the easements to which Somers
mentions (Easements C-l,C-2 and GU-4)are subject to another proceeding
before the circuit court.See Kaplan v.West Sunset 32 Phase 1,LLC,Civil No.
5CCV-21-0000042.Somers's many misstatements are calculated to mislead
the Commission and to improperly delay the Commission's considerations.
Accordingly,the Petition does not show a change of any of the underlying
facts previously considered by the Commission,and does not show that any
significant change has occurred since the First Intervention Petition.The
Commission reviewed the First Intervention Petition and has already
determined that Somers lacks standing to intervene with respect to the Subject
Permits.Because there is no evidence there is no new evidence to support
intervention,the Commission does not have any reason to reconsider its prior
determinations.The Petition should be rejected.
\\
\\
\\
\\
\\
VI.Conclusion
For the above stated reasons,the Petition is improper,untimely,fails to
meet the requirements for intervention,and should be rejected without
consideration by the Commission.
DATED:Honolulu,Hawai'i,September 13,2021.
/s/Marqerii S.Bronster
MARGERY S.BRONSTER
REX Y.FUJICHAKU
LAUREL LOO
Attorneys for Applicant MICHAEL A.
KAPLAN,Trustee of the Michael A.Kaplan
Revocable Trust
10
EXHIBIT "1"
^^^^PLANNING COMMISSION
W'/^WssS!^
/,1|KAAINA S.HULL,CLERK OF COMMISION DONNA APISA,CHAIR
HELEN COX,VICE CHAIR
MELVINCHIBA,MEMBER
FRANCIS DEGRACIA,MEMBER
OLENDA NOGAMI-STREUFERT,MEMBER
LORI OTSUKA,MEMBER
DECISION AND ORDER OF THE PLANNING COMMISSION
IN THE MATTER OF:
Petition for Intervention brought by West Sunset 32 Phase 1,LLC and
Charles Somers,as Trustee of the Charles Somers Living Trust,et al.,
In the Matter of the Application for
Class IV Zoning Permit Z-IV-2021-8 and Use.Permit U-2021-7
Michael Kaplan,Trustee of the Michael A.Kaplan Kevocable Trust
This matter having come before the Commission on April 13,2021,and agam on
May 11,2021,and the Commission having considered all filings of the Parties/the
arguments of counsel,thc Rules of Practice and Frocedure of the Kaua i PIanning
Commission,and the relevant law hereto,the Commissionhereby decides as follows:
In accordance with Commission Rules 1-4-1,1-4-2,1-4-9 and Hawai'i Rcvised
Statutes §91-12,the Petition for Intervention filed on behalf of West Sunset 32 Phase 1,
LI^C and Charles Somers,as Trustee of the Charles Somers Living Trust,et al.,is hereby
Denied.ljetitioners are not parties who hold an interest in the land,who lawfully
reside on the land,or whom otherwise can demonstrate that they will be so directly ai-id
immediately affected by the proposed application that their mterest m the Proceeding is
clearly distinguishable from that of thc gcneral public.Further,the Petitioners have not
sufficiently demonstrated individual harm or the threat of harm,and therefore lack
4444 Rice Street,Suite A473 •LThu'e,Hawai'i 96766 •(808)241-4050 (b)
An Equal Opportunity Employer
standing to intervene.Protect and Preserve Kahoma Ahupua'a Ass'n v.Maui Planning
Comm'n,148 Haw.275,472 P.3d 42,2020 Haw.App.LEX1S 320,17-18 (ICA 2020];Dairy
RoadPartners v.Maui Planning Comm'n,2015 HawApp.LEX1S 26,*12,2015 WL 302643
[ICA 2015).Finally,Intervention will not aid in the development of a full record and
will overiy broaden.thc issues of this matter.The Petition is thereforo denied.
SO ORDERED this 20th day of May,2021,at Lihu'c,Kaua'i,Hawai'i.
By:
^^1^-—..-.
D.:,i^3A:.^i
Chair of the Planning Commission
PAGE2
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Decislon and Order on VVest
rners PetJtiion for to intervene
Final Audit Report 2021-05-20
Created:2021-05-20
By:Barbara Montemayor (bmontemayor@f<auai.gov)
Status;Signed
Transaolion ID:CBJCHBCAABAATJXcT5uEIVwHlx5>;hUJBN-TVq1J]ELij
"Commission's Decision and Order on West Sunset and Somers
Petitiion for to Intervene"History
f^)Document created by Barbara Montemayor (bmontemayor@k3uai.gov)
2021-05-20 -5:55:40 PM GMT-IP address:64.128.3.74
;-^Document emailed to Donna Apisa (dapisa@kauai.gov)for signature
2021-05-20 -5:55:58 PM GMT
Q Email viewed by Donna Apisa (dapjsa@kauai.gov)
2021-05-20 -6:56:07 PM GMT-IP address:72.234.60.220
^io Document e-signed by Donna Apisa (dapisa@kauai.gov)
SignatureDate:2021-05-20-6:56:29 PM GMT -Time Source;sen/er-IP address;72.234.60.220
^Agreement completed.
2021-05-20 -6:56:29 PM GMT
Adobe Sign
S"^^<S;^'i!a ^B?S^ %¥!£SJ3ai^»iS^^S;;;.'!U»^3^^BSS,i ^S.f 6i^^^,;-fl^'^^VJ'jT^^
PLANNING COMMISSION
KAAINA S.HULL,CLERK OF COMMISION DONNA APISA,CHAIR
HELEN COX,VICE CHAIR
MELVIN CHIBA,MEMBER
FRANCIS DEGRACIA,MEMBER
GLENDA NOGAMI-STREUFERT,MEMBER
LORI OTSUKA,MEMBER
CERTIFICATE OF SERVICE
It is hcreby certiKed that a true and correct copy o£the Decision and Order of the
Planning Commission in the Matter of the Petition £or Intervention brought by West
Simset 32 Phase 1,LLC and Charles Somers Living Trust,ct al.,was served on this day,
via First Class MaiL on the following persons:
MAUNA KEA TRASK,ESQ.
CADES SCHUTTE LLP
3135 Akahi Street,Suite A
Lihu'e,Hawai'i 96766
Attorneys for Petitioners-Intervcnors
VVEST SUNSET 32 PHASE 1,LLC;
CHARLES SOMBRS,as Trustee of the
Charles Soiners Living Trust:;
CS DEVELOPMENT LLC;and
CHARLES SOMERS,Fndividually
MARGERY S.BRONSTER,F.SQ.
REX Y.FUJICHAKU,ESQ.
BRONSTER FUJICHAKU ROBBINS
1003 Bishop Street,Suite 2300
Honolulu,Hawai'i 96813
LAUREL LOO,ESQ.
MCCORISTON MILLER MUKAI MACKINNON
4357 Rice Street,Suite 102
LilWe,Hawai'i 96766
4444 Rice Street,Suite A473 •Llhu'e,Hawai'i 96766 •(808)241-4050(b)
An Equai Opportunity Employer
Attorneys for Applicant
MICHAEL KAPLAN,Trustec of the
Michael S.Kaplan Revocable Trust,
Dated August 12,1992
DATED:Lihu'e,Kaua'i,Hawai'i,May 20,2021.
LAURA K.BARZILAI
Deputy Coitnty Attorney
PAGE2
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Final Audit Report 2021-05-20
Crealed:2021-05-20
By:,BarbaraMontemayor(bmontemayor@!<auai,gov)
Status:Signed
Transaclion ID:CBJCHBCAABAAONCq7svATvm210XLURs7W8XG9hiuuD53
"Certificate of Service -Order Re Petitiion for Intervention West
Sunset;Somers"History
ft]Document created by Barbara Montemayor (bmontemayor@kauai.gov)
2021.05-20 .7:07:53 PM GMT-IPaddress;64.128.3.74
^•n,Document emailed to Laura Bar^ilai (lbarzilai@kauai.gov)for signature
2021.05-20-7:08:25 PMGMT
Q Email viewed by Laura Barzilai (lbarzilai@kauai.gov)
2021-05-20 -7:35:59 PM GMT-IP address:64.128.3.74
y^Document e-signed by Laura Barzilai (lbarzilai@kauai.gov)
SignatureDate:2021-05-20-7:36:31 PM GMT-Time Source:sen/er-IP address:64.128.3.74
^Agreement completed.
2021-05-20 -7:36:31 PM GMT
Adobe Sign
^^^a®^-jt.m's i&fKS^iK3i?saw.suBus^RB^t'e^K^t^^^@^MiiWi sEffa,&^»^
EXHIBIT "2"
BRONSTER FUJICHAKU ROBBINS
A Law Corporation
MARGERY S.BRONSTER 4750
REX Y.FUJICHAKU 7198
1003 Bishop Street,Suite 2300
Honolulu,Hawai'i 96813
Telephone:(808)524-5644
Facsimile:(808)599-1881
MCCORRISTON MILLER MUKAI MACKINNON LLP
LAUREL LOO 4806
4537 Rice Street,Suite 20 1
Lihue,Hawai'i 96766
Telephone No.:(808)977-8015
Attorneys for Applicant MICHAEL KAPLAN,
Trustee of the Michael A.Kaplan
Revocable Trust,dated August 12,1992
IN THE PLANNING COMMISSION OF THE
COUNTY OF KAUAI
In the Matter of the Application
of
MICHAEL KAPLAN,Trustee of the
Michael A.Kaplan Revocable Trust,
date August12,1992 as amended
and restated by instrument dated
July 16,2017,affecting real
property located at Kahili Ahupua'a,
Hanalei,Island and County of
Kauai,State of Hawaii,more
particularly identified as Tax Key
No.(4)5-2-012:0l9,and containing
an area of 32,034 sq.ft.,more or
less.
APPLICANT MICHAEL KAPLAN'S
OBJECTION TO PETITION FOR
INTERVENTION AND REQUEST FOR
HEARING;EXHIBITS "1"-"5"
[Re:Application for Class IV Zoning
Permit (Z-IV-2021-8)and Use Permit
(U-2021-7)]
Related property:TMK #(4)5-2-
012:019
Hearingdate:April 13,2021
Hearing Time:9:00 a.m.
APPLICANT MICHAEL KAPLAN'S OBJECTION TO PETITION
FOR INTERVENTION AND REOUEST FOR HEARING
Applicant MICHAEL KAPLAN,Trustee of the Michael A.Kaplan Revocable
Trust,dated August 12,1992 ("Kaplan"),objects to the Petition for Intervention
("Petition")submitted on April 6,2021 on behalfofWest Sunset 32 Phase 1,
LLC,Charles Somers,as Trustee of the Charles Somers Living trust,CS
Development,and Charles Somers (collectively "Somers").The County ofKauai
Planning Commission ("Commission")should deny intervention by Somers in
the proceeding for approval of the Application for a Class IV Zoning Permit (Z-
IV-2021-8)and Use Permit (U-2021-7)("Subject Permits")for the property
identified by Tax Map Key:(4)5-2-012:019 ("Kuleana Parcel").Kaplan requests
a hearing on this issue.
I.Introduction
Intervention should be denied because Somers fails to meet the
requirements established by the Rules of Practice and Procedure of the
Planning Commission ("RPPPC").The Application seeks approval for Kaplan to
complete construction of the single-family two-bedroom house on the Kuleana
Parcel.Nothing more.While Somers has falsely portrayed the Application as
an attempt to revive permits previously granted by the Commission for alarger,
multi-structure development,Kaplan has abandoned those plans pending
judicial review by the appellate courts.
The instant Application seeks approval onlv for a single-family,single-
story dwelling on a kuleana lot.The total lot coverage is 2,791 square feet and
the house's footprint will occupy 8.7%of the Kuleana Parcel.See Application
2
at 4.The house does not require any variance or other exceptions for its height,
size,building material or other features.Id.at 7.The Application and its 13
exhibits provide the Commission comprehensive information of the proposed
residence and the property,its location,its size,its Hoor plan,topographic and
drainage information,and environmental and archeological concerns.The
Application also addresses how the proposal complies with the county General
Plan,the North Shore Development Plan,the Comprehensive Zoning Ordinance
("CZO"),land use designations and zoning,prior uses,and native Hawaiian
gathering rights.The Planning Department has issued a Departmental
Determination (DD-2021-13)that the proposed single family dwelling would
not be considered development"under the County Special Management Area
("SMA")Rules.Exhibit "M"to Application.
The Commission s review of the Application should be a straight-forward
matter.Intervention by Somers would turn a simple proceeding into a farce.
As he has in the past,Somers will hijack the contested case process for his
own goal of preventing Kaplan from ever building anything on his kuleana
parcel.As we show below,Somers has misled the Commission in his attempt
to assert himself as the development authority and replace the Commission as
the decisionmaker.He misstates the facts,misstates the law,and shamelessly
mischaracterizes the Application and its contents.If allowed to intervene,
Somers will continue to use the Commission process for his own personal
agenda.
Somers has openly criticized the Commission in court proceedings,
challenged the Commission's decision making (even though he personally
benefitted from the exact same processes that he later challenged as
inappropriate),and is seeking to supplant the Commission.The Petition
reHects that Somers intends to act as the enforcer of the CZO and the Kauai
County zoning policies,but the right to supervise and enforce the law has been
granted to the Commission,not Somers.His intervention will not address,
reveal or develop any issues that have not already been addressed in the
Application.In addition to not having a legally cognizable right to intervene,
Somers will not aid in the Commission s review of the Application and will
undoubtedly cause unnecessary expense and delay in making a determination
on the Application.Indeed,undersigned counsel is not aware of one instance
where the Commission granted intervention where a kuleana owner sought
approval to build a single-family house that did not require a SMA use permit.
Granting Somers's Petition will serve as a dangerous precedent.
For these reasons,Kaplan requests that the Petition be denied and
Somers not be allowed to intervene.
II.The Nature of Kaplan's Application
The Application is for a single-story structure that will occupy less than
10%of the total area of the Kuleana Parcel,which is 32,034 square feet,more
or less.Application at 2.The total lot coverage of the proposed dwelling is
2,791 square feet.Id.at 4.The Planning Department has determined that the
4
residence is not a "development requiring a SMA use permit.See Exhibit "M"
to the Application.
Somers s Petition attempts to confuse the Commission by asserting that
the residence is a development that requires a SMA use permit.Not true.As
the Application explains (at 3-4 and 7-8),and Somers in his Petition (at 3-5)
confirms,in 2010 the Commission had issued permits to Kaplan's predecessor
in interest,Hendrikus.Those permits,Special Management Area Use SMA (U)
2011-1,ClassIVZoningPermitZ-IV-2011-1,and Use Permit U-2011-1 ("Prior
Permits ),were for a development ofmultiple structures,installations,and
other development activities on the Kuleana Parcel,the adjoining Parcel 41
which Kaplan also owns,and a portion of Somers's property subject to access
easements in favor of Kaplan s property.
As Somers acknowledged,the Prior Permits have been vacated on appeal
by the Circuit Court.Kaplan is not asking the Commission to restore them,
and instead has filed a secondary appeal with the Intermediate Court of
Appeals,which remains pending.Kaplan is respecting the judicial
consideration ofthe Prior Permits.Instead ofproceeding with the larger
development,Kaplan is seeking approval of a narrower and limited residential
construction that is not development under the SMA laws and regulations.
Somers threatens to turn what should be a simple and straightforward
use permit review for a single-family residence on kuleana land into an
unnecessary and prolonged contested case.Somers seeks to have the
Commission rehash the Prior Permits while their disposition is still pending in
the Intermediate Court of Appeals.Somers asks the Commission to review and
incorporate thousands of irrelevant pages in the review of the Application.Such
a review is unnecessary,inappropriate,and wholly inefficient.To allow Somers
to intervene and force consideration of the Prior Permits would be a re-litigation
of already-decided issues in an improper forum.
III.Somers Intentionally Misleads the Comniission
Somers makes misleading and inaccurate statements in the Petition in
an attempt to convince the Commission that his intervention is appropriate.
He self-aggrandizes his rights,misrepresents the contents of the Application,
and mischaracterizes the proposed construction.Among other
misrepresentations in the Petition,Somers incorrectly states that the Circuit
Court has already found that he has standing and that a portion of Kaplan s
project area is within a portion of Somers's property encumbered by
conservation easement C-l and is subject to the terms and conditions of
easement GU-4.Neither is true.The fact that Somers is willing to stretch the
truth to intervene demonstrates that he is not concerned with the public
interest or native Hawaiian rights,only his own self-serving agenda to oppose
his neighbors at every opportunity.
First,the Circuit Court has not found that Somers has standing to
intervene in the Commission's consideration of the Application.While the
court did find that Somers had standing to challenge the Prior Permits,those
permits were for a larger development covering multiple parcels of land,
including an access easement (GU-4)on Somers s adjacent property.In
contrast,the Application relates only to the Kuleana Parcel.Somers owns no
portion of the Kuleana Parcel.The Application does not propose any
construction,removal of structures,or other activity on easement GU-4.
Second,no part of the single-family residence will be located on,affect,
or occur within conservation easement C-l,which Somers was forced to grant
on his own property in order to build his Mansion.The proposed structure is
entirely within the Kuleana Parcel and entirely on Kaplan s property.There is
no part of the construction that would affect or occur on any part of Somers's
property.
Simply put,to allow Somers to intervene in this matter based on
misrepresentations is inappropriate and would set a bad example for all
applications to intervene moving forward.If a proposed intervenor is allowed to
make misrepresentations to undertake a contested case proceeding,then every
single use permit application would be required to go through the contested
case process at anyone's whim.
IV.Somers Does Not Qualify For Intervention
RPPPC Rule 1-4-1 provides three categories of individuals who are
eligible to intervene:(1)all Persons who have or hold an interest in the subject
land,(2)all Persons who lawfully reside on the land,or (3)all Persons who
othenvise can demonstrate that they will be so directly and immediately
affected by the proposed application that their interest in the proceeding is
clearly distinguishable from that of the general public.Somers does not qualify
under any of the three categories.
7
A.Soniers Does Not Own or Reside on the Land
Somers does not have or hold any interest in the Kuleana Parcel and he
does not reside there,so neither of the first two categories are applicable.The
Petition incorrectly states that "a portion ofKaplan's project area is within a
portion of Somers'property".Petition at 7.This is false.Nopartofthe
proposed construction is on any portion of Somers's property.The Application
clearly delineates where the house will be situated and it is entirely on the
Kuleana Parcel.See Exhibits "D","E","G",and "I".Exhibit "I"in particular
contains the boundary of the Kuleana lot in red and contains the entirety of the
proposed structure within the red lines.
Somers does own property that has a conservation easement over it,but
the house for which the Subject Permits are being sought is not being built on
that land.While Somers attempts to widen the geographic scope of the
Application to include other structures and areas on other parcels,the
Application itself shows that the Subject Permits are being sought to build the
house only on the Kuleana Parcel.
Somers tries to conflate the "project area for the Prior Permits granted to
Kaplan by the Commission for Parcel 41 and the Kuleana Parcel (now subject
to appeal)with the construction area proposed under the Application.The two
are not the same.Under the Application,the entirety of the proposed
structure,and any and all proposed construction,will be solely within the
Kuleana Parcel,and not Parcel 41 or any parcel owned by Somers.Therefore,
while Somers may have had an interest in the land under the prior permits
8
which encompassed multiple parcels and a part of Somers s property in the
total "project area",the Application has a much smaller scope and does not
include or involve Somers's property at all.
B.Soniers Does Not Have a Cleariy Distinguishable Interest Froni
that of the General Public
As for the third category of those who may intervene,Somers does not
identify any interest that will be "so directly and immediately affected by the
Application that his interest "is clearly distinguishable from that of the general
public."RPPPC Rule 1-4-1.The Petition argues that Somers's interests are
clearly distinguishable where the proposed construction could harm (1)
Somers's right to a clean and healthful environment,(2)his ability to engage in
recreational activities (not on the Kuleana Parcel),(3)his "scenic resources
and (4)his conservation easements (that do not encumber the Kuleana Parcel).
See Petition at 6-8.None ofthese purported interests are "clearly
distinguishable from that of the general public.
The public has an interest in a clean and healthful environment,the
public has an interest in recreational activities (not on the Kuleana Parcel),the
public has an interest in maintaining scenic resources,and the conservation
easements encumber Somers's property,not the Kuleana Parcel.As a result,
Somers has failed to demonstrate that he has an interest that is clearly
distinguishable from the general public and has failed to establish that he may
intervene in the Application process under RPPPC 1-4-1.
Somers asserts that,"Kaplan's development will change existing drainage
patterns,cause harmful environmental consequences to the Kilauea Stream
and significantly adversely affect the Conservation Values of C-l[.j"Petition at
7.These statements are unsupported,misrepresent the contents of the
Application,and fail to show a personal interest distinguishable from the
general public.Somers does not explain how the proposed structure could
possibly change existing drainage patterns.Somers does not explain how a
single-family house,located entirely on the Kuleana Parcel,could possibly
harm the Kilauea Stream or affect the conservation easement on his property,
which is separate and apart from the Kuleana Parcel.His arguments are
speculative,at best.
Somers mischaracterizes the construction proposed by Kaplan as
"increasing the interior living area of the single-family residence from 2,098 sq.
ft.to 2,353 sq.ft."See Petition at 4.Even if this were true,the amount that the
interior living area is increased is irrelevant to a structure's overall effect on the
environment unless it corresponds to an increase in the structure s exterior
footprint.As Somers knows well,Kaplan's application actually reduces the
exterior footprint of the proposed single-family dwelling from that proposed in
the previously approved permits.This blatant attempt to mislead the
Commission is,sadly,characteristic of and in keeping with the rest of the
Petition.
Further,were the Commission to agree with the claims in the Petition,
Somers still has not identified any harm to himself personally that would be so
direct and immediate that it is clearly distinguishable from the general public.
Somers must satisfy all elements of a three-part injury in fact"test that
10
requircs:(1)an actual or threatened injury,which,(2)is traceable to the
challenged action,and (3)is likely to be remedied by favorable judicial action."
Citizensfor the Protection ofthe North Kohala Coastline v.County ofHawai'i,91
Hawai'i94,100,979 P.2d 1120,1126 (1999).
The Hawaii State Constitution,the General Plan,the Coastal Zone
Management Act,and the Comprehensive Zoning Ordinances all express the
public's concern for the environmental effects ofconstruction.So,to the extent
that the Application would result in changes to drainage patterns,harm to the
Kilauea Stream,or other adverse environmental impacts,it is of concern to the
entirety ofthe general public,notjust Somers.The concerns about the
environment expressed in the Petition overlap with the laws of the State of
Hawaii,and therefore Somers s interest is the exact same as that of the general
public.Consequently,Somers s claims of seeking to protect the environment
are insufficient to establish a right to intervene.
With respect to being an adjoining landowner,there is no impact that the
proposed structure would have on Somers.Kaplan seeks approval to build a
single-family dwelling on a kuleana lot like so many others that are routinely
permitted without an agency hearing.The proposed house will have a low
profile,will be inset into the ground in conformity with the natural grade of the
land,will be surrounded by trees,and will not be visible from Somers home.
See Application at 5-6 and Exhibits "l".The renderings ofthe proposed
structure show that it will be concealed within the tress and natural stone low
walls.See Exhibit 1 (front rendering and back rendering of proposed house).
11
The structure will not obstruct Somers's view from his sprawling mansion,
which is three-quarters ofa mile away from the proposed home site.See
Exhibits "2"(photograph with red line showing distance in feet from the Somers
Mansion to home site),"3 (photograph ofhome site in relation to the Somers
Mansion in foreground),and "4"(Mansion).
Most implausible is Somers s claim to be protecting native Hawaiian
rights.Somers has not shown that he will sustain a personal injury
implicating any native Hawaiian rights.Denial of intervention on that basis is
clear.See Public Access Shoreline Haw.u.Haw.Cty.Planning Comm'n,79
Hawai'i 246,255,900 P.2d 1313,1322 (App.1993)(holding that proposed
intervenor did not show personal interest where he did not engage in protected
native Hawaiian gathering rights),aff'd,79 Hawai'i 425,903 P.2d 1246 (1995).
C.The Case Law Does Not Support Soniers's Intervention
The cases Somers cites to justify intervention as a neighbor are all
distinguishable,especially where the zoning approvals at issue in those cases
were for significant changes in use or for variances or exemptions of existing
zoning.See Petition at 9.In East Diamond Head Association v.Zoning Board of
Appeals,52 Haw.518,519,479 P.2d 796,797 (1971),a variance was granted
to build a movie studio in a residential neighborhood.It was noted that the
variance sought would have caused a substantial change in the character of
the neighborhood.Id.at 521,479 P.2d at 798.Neighboring landowners,who
had not intervened in the agency proceeding,appealed.Id.The Hawai'i
Supreme Court reviewed the requirements for standing to bring an agency
12
appeal pursuant to HRS §91-14,and not whether the parties had a right to
intervene or had an interest that was clearly distinguishable from the general
public.Id.at 521-24,479 p.2d at 798-99.
In Dalton v.City and County ofHonolulu,51 Haw.400,401,462 P.2d
199,201 (1969),the Hawai'i Supreme Court reviewed whether the parties had
standing to bring a civil action for declaratory relief in relation to challenge
newly-passed ordinances that permitted rezoning of a 47-acre parcel from
residential and agricultural uses to medium density apartment use.No agency
proceeding occurred.Thus,the case did not discuss whether the plaintiffs—
some of who "live[d]across the street from said real property—wouldhave
been able to intervene at an agency proceeding,because there was no petition
to intervene on the agency hearing and there was no agency hearing to begin
with.Id.at 403,462 P.2d at 202.
Lastly,Waianae Model Neighborhood Assoc.,Inc.u.City and County of
Honolulu,55 Haw.40,46,514 P.2d 861,862 (1973),addressed whether a
neighborhood association had standing to seek declaratory relief to challenge
an exemption from the zoning code for a building permit for a hotel.The court
did not address the issue of whether the association had a right to intervene
solely based on being an adjoining landowner.Because language similar to
RPPPC Rule 1-4-1 was not discussed in this case,it does not support Somers s
contention that he has a right to intervene by virtue of being an adjacent
landowner.
13
Unlike a variance for a movie production studio in a residential
neighborhood,a zoning change to a 47-acre parcel,or an exemption for a hotel
building permit,Kaplan s Application pertains to the construction of the
modest single-family dwelling on a kuleana parcel.The proposed residence will
not change or affect the character of the neighborhood.The house does not
require any variance or other exceptions for its height,size,building material
or other features.See Application at 7.Thus,the Application is distinguishable
from the cases cited by Somers.
V.The Coinniission Should Exercise Its Discretion to Deny
Intervention
Even if Somers somehow demonstrates eligibility to intervene under
RPPPC Rule 1-4-2,the Commission should nonetheless deny intervention
because Somers intends to use a contested case proceeding of the Application
for his own ends.The Commission should not allow Somers to abuse the
process and make a mockery of the Commission's rules.
Leave to intervene falls within the sound discretion of the Commission.
RPPPC Rule 1-4-2 provides that leave to intervene may be denied when,in the
Commission s or Hearing Officer s discretion,it appears that (1)the admission
of additional Parties-Intervenors will rendei^the proceedings inefficient and
unmanageable;or (2)the intervention will not aid in the development of a full
record and will overlv broaden issues.See RPPPC Rule 1-4-2 (emphasis
added).1 Both conditions apply here to deny intervention.
'RPPPC Rule 1-4-2 (1)also allows for denial of intervention where the position
of the applicant for intervention is substantially the same as the position of a
14
A.Intervention will Render the Proceedings InefHcient and
Uninanaeeable
Allowing Somers to intervene would render the proceedings inefficient
and unmanageable because the Petition shows that he will inject unrelated and
irrelevant issues into this proceeding.The Petition demonstrates that Somers
will bog down the proceeding by re-litigating the Commission s grant of the
Prior Permits.This is a prime example of inefficiency where this very issue is
being considered by the ICA.The Petition makes numerous assertions about
the Prior Permits and the agency and court proceedings leading to the current
appeal.As such,Somers asks the Commission to review and incorporate
thousands of irrelevant pages in the review of the Application.There is no
justification to warrant an in-depth review of those proceedings as Somers
apparently desires.By bringing up irrelevant issues,Somers promises to make
the proceedings on the Application unmanageable because the Commission
would be required to review extraneous documents and consider irrelevant
testimony.The Prior Permits have been vacated and the Application is not an
effort to restore them.Somers should not be permitted to manipulate the
system in this way.
Somers has already shown that he will,if allowed,render this proceeding
inefficient and unmanageable by his intervention.The neighbors of one of
Somers s many properties,Ms.Valerie Nielsen and Dr.David Kells,recently
applied for approval to construct a single-family home on their property.See
Party-Intervenor already admitted to the proceeding.Because there is no other
Party-intervenor in this case,this option is not applicable.
15
Contested Case Hearing CC-2020-2.Somers was granted intervention when his
request was not objected to by applicants.The resulting contested case
required eight days of hearings over a period of four months (March to July
2020),and a decision on that application still hasn't been issued.There is no
doubt that Somers will drag out the approval of the Application in the same
manner.Somers recently improperly requested the Court to issue a permanent
injunction prohibiting the County ever issuing any permits to Kaplan,which
the Court denied.All of this shows that allowing Somers to intervene would
only support Somers's true agenda of obstructing Kaplan and make the
proceedings on the Application inefficient.
Somers's intervention here would bog these proceedings down with
misrepresentations and mischaracterizations that are unrelated to the
Application and would inflict upon the Hearings Officer and the Commission
the unenviable task ofwading through a morass ofpleadings,statements,
testimony and other materials that do not pertain to the Application.
B.Intervention will not Aid in Developnient of a Full Record and
will Overly Broaden the Issues
The Application is clear,thorough and detailed.Any further information
needed by the Commission to assess the Application can be provided by
Kaplan.Allowing Somers to intervene will not aid in development of the record.
It will only cause stale and irrelevant issues to be raised in what should be a
simple and uncomplicated process.
The Petition fails to articulate any specific issue that Somers has with
the Application as required by RPPPC Rule 1-4-4(3).The issues specifically
16
raised in Scction IV ofthe Petition are largely irrelevant and meritless.See
Petition at 10-11.For instance,number 1 is related to the SMA Rules,but the
Planning Department has already determined that the proposed structure is
not "development"under SMA Rule l.4f,and therefore not subject to the SMA
Rules.See Exhibit "M"to Application.Any elaboration may be provided by the
Department,and not by Somers.
Where Somers asserts that he wants to ensure that the construction
complies with the Comprehensive Zoning Ordinance (#6,#9,#10,#1 1),the
Kauai County General Plan (#7),and the North Shore Development Plan (#8),
all of these issues are covered by the Application.See Application at 8-11.The
Application already addresses Kaplan s proposed efforts to protect and preserve
archaeological sites (Application at 6-7),limit all possible impacts on the
surrounding environment (;d.at 5-6),to construct the house in conjunction
with the Kauai County General Plan,the North Shore Development Plan,the
Open District Zoning,and all other aspects of the Comprehensive Zoning
Ordinance (ic;.at 8-13).
Where Somers offers vague generalizations about "significant adverse
effects"to his multiple properties,Petition at 10,these are only vaguely
articulated and fail to meet the requirement of specificity demanded by the
Rule.It begs the question:"How could this house possibly harm you?,to
which the Petition is silent.
The answer is that the Application will not affect any part of Somers s
property,and the documentation attached to the Application includes a
17
meticulous archeological prcservation plan by which Kaplan intends on
protecting and preserving the environment of the Kuleana Parcel.See Exhibits
"I"(showing entirety of house on Kuleana Parcel)and K (Archaeological
Inventory Survey).The Application already addresses the potential issues that
he raised in the Petition.Without specificity,the Petition fails to present
identifiable specific issues for a contested case hearing to actually determine.
As a practical matter,the entirety of a contested case would consist of nothing
niore that Kaplan debunking Somers's misrepresentations.
C.Denial of Intervention Will Not Affect Somers's Ability to
Appeal
Finally,denial of intervention will not bar Somers from filing an appeal of
the Commission s decision on the Application if he can prove appellate
standing to do so.As the Hawai'i Supreme Court has observed,We have not,
however,conditioned standing to appeal from an administrative decision upon
formal intervention in the agency proceeding.Participation in a hearing as an
adversary ...has been held sufficient to give rise to appeal rights(.j Mahuiki v.
Plannmg Comm'n,65 Haw.506,515,654 P.2d 874,880 (1982)(quotation
marks omitted),citing Jordan v.Hamada,62 Haw.444,449,616 P.2d 1368,
1371 (1980).Therefore,Somers will not be prejudiced by a denial of his
Petition.
18
VI.Conclusion
For the above stated reasons,the Petition for Intervention fails to meet
the requirements for intervention and should be denied.
DATED:Honolulu,Hawai'i,April 9,2021.
/s/Marqerii S.Bronster
MARGERY S.BRONSTER
REX Y.FUJICHAKU
SKYLAR G.LUCAS
LAUREL LOO
Attorneys for Applicant MICHAEL A.
KAPLAN,Trustee of the Michael A.Kaplan
Revocable Trust
19
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