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May be long haul for Kilauea home permit
by Blake Jones - The Garden Island
The second hearing in two months concerning a Kilauea landowner’s contested plans to build an upscale home on coastal land featured a full day of testimony without a Planning Commission decision in sight.
The commission is reviewing permits requested by California resident Charles Somers to develop two homes and a barn on 35,000 square feet of his roughly160-acre parcel that stretches inland from the ocean and is abutted by Kilauea Stream.
Attorneys for Somers were able to present their final four witnesses yesterday, in addition to the three heard on March 18. They included a civil engineer, landscape architect, botanical surveyor and consulting biologist, all of whom are contracted to work on the project.
The group was questioned by attorneys for both sides, the commissioners and Planning Department staff on the project’s potential impacts to the environment and wildlife, as well as any proposed mitigation.
The opposition — represented by Elizabeth Freeman, a Kilauea resident with intervenor status in the case — began presenting its witnesses after 5 p.m., starting with National Tropical Botanical Garden Director and Chief Executive Officer Chipper Wichman.
The opening of opposition testimony conflicted with newspaper deadline requirements and will be offered in its entirety after the rest is presented at the May meeting.
Community members have been working for the past few years to secure funding to acquire the Somers parcel, also known as Kilauea Falls Ranch, for incorporation into a Congress-approved plan to expand Kilauea Point National Wildlife Refuge.
They have argued that the construction and finished structures will adversely impact the coastal wetlands, the flora and fauna, and views of the ocean and valley.
The permits were requested to build an 8,700-square-foot single-story home, 2,600-square-foot barn and 1,400-square-foot caretaker’s cottage on a knoll overlooking Kilauea Stream, as well as a swimming pool and sprawling lanais.
However, all four of the landowner’s witnesses testified that the impact of the project would be minimal — and in some cases beneficial.
Gordon Ring, a civil engineer with O‘ahu-based R.M. Towill, spoke about his company’s proposed roadway, drainage and grading work.
The company plans to pave the 3,700-foot-long Kahili Rock Quarry Road, which provides access to the home. The plans also call for drainage improvements to stop runoff.
Ring said swales on either side of the road will funnel water to dry wells, or drain outlets, along the stretch of road. In addition, water will be diverted upstream of the homesite around the construction and collect in sediment basins.
Ring said other best management practices would be implemented if the project is permitted to move to the next design phase, and the contractor would be responsible for the implementation.
Attorney for the intervenor, Peter Morimoto, pressed Ring on whether the measures would be enough to mitigate runoff during grading considering Kilauea’s heavy rainfall. Ring responded that the plans go beyond what is required by the state and county.
“We can’t design for the highest possible storm,” he said.
The next witness, landscape architect Greg Boyer, spoke about the vegetation that will surround the proposed home. He said the plans were designed with Special Management Area policies in mind. In addition to softening the home’s roofline using palm varieties and monkeypods, Boyer has suggested sturdy sea grasses and a mix of native and non-native plants to filter sediment from water flowing off the property toward the stream or ocean.
“I think we’ve done the job of integrating that house into the site instead of just sticking it on it,” he said.
Eric Guinther, president of botanical surveying company AECOS, said the parcel contains 100 species of plants, including eight natives, none of which were found at the proposed site of the home.
He took the position that swapping out one non-native for another as part of the landscape plan would not affect the current value of the natural resources. He also said the landowner has expressed an interest in enhancing the wetlands, which could arrive at the same end as the Fish and Wildlife Service taking the parcel as part of the Kilauea refuge.
It would just be quicker if done by a private party, he said.
Reginald David, biologist and president of Rana Productions, testified that there are a number of endangered birds that can be found on Somers’ property, including Newell’s shearwater, nene and Laysan albatross. However, he said proper mitigation measures during construction could avoid adverse impact to the birds.
And he agreed with Guinther that enhancements to the wetlands could benefit the birds in the end. He said the current state of the wetlands offers nothing “unique” to the seabirds and could not be classified as such.
Morimoto stressed that Somers would have no obligation to do such in perpetuity, unlike a refuge designation.
He then motioned for the commission to make its decision without hearing from any of the more than 15 witnesses slated to testify against the project.
Morimoto said he believed the landowner’s team had not proven that the project would have no environmental impacts or uphold the SMA policies.
Following a brief meeting in executive session, the commission denied the motion, saying there was no procedure in place for the unprecedented request.
Witnesses for the opposition will continue their testimony on May 6 at 9 a.m.
• Blake Jones, business writer/assistant editor, can be reached at 245-3681 (ext. 251) or bjones@kauaipubco.com
The commission is reviewing permits requested by California resident Charles Somers to develop two homes and a barn on 35,000 square feet of his roughly160-acre parcel that stretches inland from the ocean and is abutted by Kilauea Stream.
Attorneys for Somers were able to present their final four witnesses yesterday, in addition to the three heard on March 18. They included a civil engineer, landscape architect, botanical surveyor and consulting biologist, all of whom are contracted to work on the project.
The group was questioned by attorneys for both sides, the commissioners and Planning Department staff on the project’s potential impacts to the environment and wildlife, as well as any proposed mitigation.
The opposition — represented by Elizabeth Freeman, a Kilauea resident with intervenor status in the case — began presenting its witnesses after 5 p.m., starting with National Tropical Botanical Garden Director and Chief Executive Officer Chipper Wichman.
The opening of opposition testimony conflicted with newspaper deadline requirements and will be offered in its entirety after the rest is presented at the May meeting.
Community members have been working for the past few years to secure funding to acquire the Somers parcel, also known as Kilauea Falls Ranch, for incorporation into a Congress-approved plan to expand Kilauea Point National Wildlife Refuge.
They have argued that the construction and finished structures will adversely impact the coastal wetlands, the flora and fauna, and views of the ocean and valley.
The permits were requested to build an 8,700-square-foot single-story home, 2,600-square-foot barn and 1,400-square-foot caretaker’s cottage on a knoll overlooking Kilauea Stream, as well as a swimming pool and sprawling lanais.
However, all four of the landowner’s witnesses testified that the impact of the project would be minimal — and in some cases beneficial.
Gordon Ring, a civil engineer with O‘ahu-based R.M. Towill, spoke about his company’s proposed roadway, drainage and grading work.
The company plans to pave the 3,700-foot-long Kahili Rock Quarry Road, which provides access to the home. The plans also call for drainage improvements to stop runoff.
Ring said swales on either side of the road will funnel water to dry wells, or drain outlets, along the stretch of road. In addition, water will be diverted upstream of the homesite around the construction and collect in sediment basins.
Ring said other best management practices would be implemented if the project is permitted to move to the next design phase, and the contractor would be responsible for the implementation.
Attorney for the intervenor, Peter Morimoto, pressed Ring on whether the measures would be enough to mitigate runoff during grading considering Kilauea’s heavy rainfall. Ring responded that the plans go beyond what is required by the state and county.
“We can’t design for the highest possible storm,” he said.
The next witness, landscape architect Greg Boyer, spoke about the vegetation that will surround the proposed home. He said the plans were designed with Special Management Area policies in mind. In addition to softening the home’s roofline using palm varieties and monkeypods, Boyer has suggested sturdy sea grasses and a mix of native and non-native plants to filter sediment from water flowing off the property toward the stream or ocean.
“I think we’ve done the job of integrating that house into the site instead of just sticking it on it,” he said.
Eric Guinther, president of botanical surveying company AECOS, said the parcel contains 100 species of plants, including eight natives, none of which were found at the proposed site of the home.
He took the position that swapping out one non-native for another as part of the landscape plan would not affect the current value of the natural resources. He also said the landowner has expressed an interest in enhancing the wetlands, which could arrive at the same end as the Fish and Wildlife Service taking the parcel as part of the Kilauea refuge.
It would just be quicker if done by a private party, he said.
Reginald David, biologist and president of Rana Productions, testified that there are a number of endangered birds that can be found on Somers’ property, including Newell’s shearwater, nene and Laysan albatross. However, he said proper mitigation measures during construction could avoid adverse impact to the birds.
And he agreed with Guinther that enhancements to the wetlands could benefit the birds in the end. He said the current state of the wetlands offers nothing “unique” to the seabirds and could not be classified as such.
Morimoto stressed that Somers would have no obligation to do such in perpetuity, unlike a refuge designation.
He then motioned for the commission to make its decision without hearing from any of the more than 15 witnesses slated to testify against the project.
Morimoto said he believed the landowner’s team had not proven that the project would have no environmental impacts or uphold the SMA policies.
Following a brief meeting in executive session, the commission denied the motion, saying there was no procedure in place for the unprecedented request.
Witnesses for the opposition will continue their testimony on May 6 at 9 a.m.
• Blake Jones, business writer/assistant editor, can be reached at 245-3681 (ext. 251) or bjones@kauaipubco.com
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puput wrote on Apr 3, 2009 10:19 AM: