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| A special public hearing on the proposed development at Punalu'u was held Monday but Windward Planning Commission is unable to vote until two contested cases are heard on the matter and a recommendation made by a hearing officer. Photo from YouTube of the meeting |
WINDWARD PLANNING COMMISSION'S VOTE ON APPROVING THE BLACK SAND BEACH, LLC DEVELOPMENT will be delayed until mediation or a contested case hearing is completed and the recommendation given by the hearing officer.
Following hours of public testimony in which most speakers opposed the development, Windward Planning Commission voted on Monday to accept two contested cases, which take discussion on the proposed development at Punalu'u into a court like process and provides a hearing officer's recommendation back to the Planning Commission for its vote. The Planning Commission voted to hear the two contested cases in concert.
The Planning Commission voted 5-0 to approve the contested case requested by community group 'Iewe Hanau o Ka 'Āina and its attorney David Kimo Frankel. In its petition, 'Iewe Hanau o Ka 'Āina was described as "an unincorporated hui of Kaʻū residents who desire to protect the cultural practices, natural resources, and stunning beauty of Punalu'u. The protection of the iwi and honu are of great importance. Members of 'Iewe Hanao o Ka 'Āina walk along the Punalu'u coastline, swim at Punalu'u Beach, observe marine life, provide stewardship of the land, work to protect the honu that live in the area, gather marine life, participate in cultural protocol, and respect the burials in the area. 'Iewe Hanau o Ka 'Āina includes Native Hawaiians with deep cultural connections to Punalu'u. The interests of 'Iewe Hanau o Ka 'Āina and its members would be adversely affected by the proposed project in numerous ways."
The petition contends that increasing the density of people in area would jeopardize the coastal water quality and further desecrate burials on the land at Punalu'u. It says the group's "constitutionally protected cultural practices would be jeopardized," and that the group has "a right to a clean and healthful environment."
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| Majority of testimonies submitted on Monday opposed the plan by Black Sand Beach, LLC Black Sand Beach, LLC. See testimony: https://www.youtube.com/watch?v=WTfM1FCZxW4 |
The petition contends that the Black Sand Beach, LLC project would injure the species, habitat and environment of Punalu'u." The petition quotes section of the Hawai'i State Constitution, as approved in 1978, which said that "Each person has the right to a clean and healthful environment defined by laws relating to environmental quality, including control of pollution and conservation, protection and enhancement of natural resources. Any person may enforce the right against any party, public or private, through appropriate legal proceedings..."
The Commission informed the petitioners that they will be contacted within about a week to set up the contested case proceedings.
The attorney for Black Sand Beach, LLC, Lincoln Ashida, filed an objection against the acceptance of both petitions. He also argued against a third contested case petitioned by condo owners at Punalu'u. The Planning Commission voted 3-2 to approve the petition but needed four votes for approval, under its rules.
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