testimony to the county council's land use committee on march nineteenth twenty fourteen concerning the request of community member and change in zoning west one of the objections to  proposal cation was number three both the project is in an area immediately adjacent to agricultural fields where a chemical spray came for the world health hazard for residents while of course we do not speak for him off work to come down here and share my thoughts but might as well do it anyway since i'm here i was born and raised in white and well aware of the effects of sugar cane bernie has our local environment and public health i'm also an avid surfer and witness first hand the effects of smoke and ash from local pain burns i've often been forced to get out of the water in the mornings after having a difficult time breathing due to smoke in the air from a local pain but i usually go really early to avoid the crowds and that's when it's the worst i'm on numerous occasions i've also been in the water when ash from the conducted right off the mobile a highway i just robot around eight thirty this morning and it's still smoldering the smoke is still there and it's blowing down into the north i believe these effects need to be taken into account in the ass and a permanent process i'm not sure of everything if you guys live in and there be ash and smoke coming underneath my doorways through the windows and if you don't have air conditioning you're forced to breathe at all and so it's interesting that alexander baldwin will propose a lot of developments on lana's downwind of burns and then effects of proposed development so please forward it along i know you've already made your decision up but if you can be swayed by testimony today i urge you to maybe take a second at it and maybe just pour it on so we can actually have a hearing on the front of my office and every once in a while we have a little bit of a problem but i think it is outweighed by the privilege and i repeat the privilege of moving on so my testimony this morning it is for your for your consideration thank you for the opportunity to testify in opposition to the petition to two events special management area area of the coastline this is one of the proposed development projects be determined to cause significant impacts of a special management area the s m e review process member and i have to tell you that the times that we were inconvenienced is not so ok and most of the time the wind is blowing in the opposite direction but you know if it happens it happens i chose maui freely i will intend to spend the rest of my days like the young man who has appeared earlier eighty years old but will be soon i love the way he and i have all respect for what you due here for the decisions you will be just bear in mind that we are a special place holiday which this is not this is the maui home and it was duly noticed at the maui home so that was a staff report error which will be corrected and as advice here so as as the director announced this is an application for a short term rental in the high enough it the property currently been utilized as a bed and breakfast home and so it's been operating successfully as a ben breakfast home with no complaints no police report since two thousand and seven so in may of two thousand and fifteen came in with an application for a short term rental he apologizes for not being here today but he had some extreme medical condition that took him to a walk  would like to just go ahead and go to the next slide please so we are looking at converting an existing to a short term mental home to allow the applicant who has a very large extended family to enjoy and use the home more often area all the all the lots are approximately the same size and similar configuration properties approximately three hundred feet from the ocean and we have the  largest property in the region is this who and who know our beaches states which is ten condominium iced units on a common area to the east northeast is a large lot two hundred three affordable housing unit just to give you a little bit of a closer look at the neighborhood again this is the subject property right here it has one dwelling on it as a garage in front holding two cars and three parking stalls along the street in the now i dining kitchen office and bathrooms well a bathroom i think slightly so the second floor you find the second third and fourth bedroom and the master bedroom so for a total of five bedrooms and a family room t v room what have you here on the corner several bathrooms thank you notes like this is a shot at the front of the house with the two car garage and yeah i guess that goes without saying well you do notice there's a fire hydrant if we there's a fire hydrant right on the property or is the pool and this is the entrance to the home this is the entryway with the stairs going to the second floor and into the living room great this is the kitchen ok so most of the property just for the property description so as you know there is an existing short term rental operating within five hundred feet and this is the five hundred foot radius around the subject property showing showing the number of short term rentals in the area like this is actually an identification of of  is each of the owners within five hundred feet and then the notice of public hearing is mailed out the applicant publishes a notice in the paper three times in the market news and the department also publishes an ad in the paper so notice has been duly given so there has been testimony on this property and i handed out i gave you a hand up to date which looks like this you may have seen some of the letters in it before there are four letters in this handout and letters number one two and three i was we were unable to verify that they were actually sent by the individuals because we concerns were that he would oppose this due to noise concerns especially if this property has a pool well that's not an ip this property hasn't wall and it has been operating its creation  two thousand and seven so i'm not sure that mr wright even realizes that so that's something for you to take into consideration and this is just copies of the three letters that came from what appeared to be the same hand many structure metals in the area and the neighborhood was being dominated by short term rentals it would become dominated by short term rental clown holiday and they might not be too concerned about their neighbors in this case there is a live in manager who is also a holder of a long term lease on the can be the intent of the applicant is to retire the permit if the short term mental permit is granted the african also owns the home next door which is kept  and so they feel more comfortable if they did have someone close by that will be the designated manager there's also a designated manager and she her office it's twenty one miles from the property which is within complaints it's so shows that well run operation conversion to a short term rental will not have additional impacts or the number on the number or on the number of renters in the neighborhood  make that change but number four was is the john right so you can see that number four is down right and who i know i'll just make a comment on the poor no one letter they  have i'm sure they must have an association because they're a condominium i was property that wasn't indicated in the letter there are ten property owners individual kind of united units none of their names were indicated in the latter so manager for the short term rental should it be granted has an active stated quite realistic license less than thirty driving miles from the property says yes neighbors and the county and they also ensure compliance with state regulations if there was to be any issue with health health issues they would have to comply with apartment so your patients the manager will enforce the house policies to collect all the rental and there are restrictions and standards and other manager right next door yes law decision an order and authorized the planning director transmits said written decision in order on behalf of the my planning commission thank you this time we will not do commissions for so commissioners it's the property to the i take the west the northwest of the property met with county agencies when they needed to do site inspections so just like the owner but we don't really have that situation now you must be an honor code has been amended so he was chapter eight to see i can hear the civics well this may be a question for cooperation council or than anything i don't have the law in front of me it's can see in the been the law when it w change what's going to happen with the applications that are currently qualified so i don't have that in front of me that's something the department would have you had to look at with the renewal came up so i don't actually know it's not it's not permitted to be short term like i don't think it's in the hotel district so i don't actually know how it's operating or if it is operating as a church for rental or if it's second homes for people and they just keep if they can when they're not there perhaps the applicant might know the answer to that but he's not a property owner so i don't think you know  there's no hard and fast rule on how many are too many there's there could be a dozen all within five hundred feet of each other the idea that it comes to the mission little impacts if it needs all the criteria here we have a home that that needs a criteria and has been a bed and breakfast for a very long time meeting all the requirements  with the owner next door is that too much of an impact on the neighborhood or is it going to change the character of the neighborhood and then get serious been used for some further comments questions from this mission the senate we can't say that it was the one in you know one or all of them i don't think i'm assuming that the person but submitted the letters received and sent from the people that he was representing in his letters  one of these ones and see how they were approved but it could have happened that one was approved the first one was approved in ministry typically and maybe all of the other four came in i they must have had to come  his intentions are if i think he would not want to give up the permit is my understanding but i would like you know direct that question directly to the applicant if you if that's my understanding any further its density of the short term rentals five hundred people of the condominium project may or may not have a short term myrtle permanent under its operating regulations i'm not sure it doesn't have a short term mental there this is the way that the is and the way that these markings get on this map is through our database so it pulls in all of the permitted information we tell it we know we have a layer that we can turn on and show us all that  area is too high i think allowing india operated to continue as a b and b operator does no harm to him i haven't seen a justification for why a short doing this you can expect if you have two properties and if it goes on and on and on and you've got a little resort area that's created by houses and it's pushing people that are trying to get homes here on the island so that part and even how many you got that five hundred foot little kid and five from my understanding from looking at the correspondence the minutes from that time period there were some challenges for scheduling the public hearing which is why i didn't go before the county commission until two thousand and seven and at that time you say you can was granted and that was five years until two thousand when i get to the public testimony slide but i just want to point out that there was a phone call received by the department expressing opposition to the security by the owner of the new green person so his person is here and they get to talk a little bit more but just to know this is the back that scene structure and this is the excessive structure that was formerly your garage both structures are utilize by the church for church use the primary structure is use for sunday services classes and estimates which is nearly fifty thousand dollars the african actually decided to sell the such property so at the time of the two thought two thousand and thirteen time extension request the applicant still seeking to sell the property and the time extension was granted with the commission having and they reviewed and approved the plan for two thousand and fourteen so the drainage system improvements were completed in two thousand and fifteen and evidence of completion goes to visit to the department with the applicants compliance record and then the next few and that concludes the presentation and six fighting the fact conclusion of law and decision in order to authorize the director of planning to transmit that written decision in order on behalf of th ninety something and if this congregation should expand one of the possibilities of approving something that we've already extended ten years for this but the facility to be there that that would be my major concern about the first so i don't know what the size of the congregation is that would be able to  information requirement to be submitted as part of the n s m a s s for the patients and require that to be assessed or the department be able to make a determination as to whether a project is of the development is exempt and or has a potential significant facts and might even agents of the wording to be added is that it would require an application to include a quote a description of all current impacts to the parcel and adjacent parcels caused by initiate those for the procedure if the commission chooses to deny you must provide its reasons for doing so in writing of the commission made elevate the chair to sign a letter to the petitioner on behalf of the commission  every year i had to make an assessment determination of whether a proposed action is a development will have a significant impact on the special mention area of the coastal zone and if it could cause a significant effect on the especial area the the review process would identify those in those possible impacts and assure their appropriate medicated in this segment determination is required under state on your rules to focus on two particular aspects maybe further from the closest but smoke from what i've seen of the eight and a half years of living here goes up and then it moves sometimes it comes down and over the years i would estimate that i have been impacted by smoke and or in ash two or three times a week i never you know it all depends on the time of year and help of winsor i got involved in is being stressed and the air is being polluted there was just a study in the report of the man we do see last week that indicated that there was a correlation between larger scale hundred acres of more i mean burning and has focused its efforts on policy that helped create housing jobs water agricultural and economic health of our tuna teas and infrastructure but now we that the only way for me to forward is that our residents have greater opportunities with a healthy environment and a vibrant economy while respecting our diverse culture and history the proposed petition before you today has the planning commission has passed with it forcing the s m a and the estimate is about what the effects of any proposed development would be to or shoreline the idea that some other effect might have on this new proposed development it's not really the place to to to be considering it so whether it's good or bad what what the titian are wants is just this the role of venue and we  as some of you know ohio i lived here all my life and my mother actually grew up in camp one my grandfather is from there my great grandmother and although many people don't appreciate that connection is very important to us because that's how our values were created and so there is an importance you know with the past and i think  a lot of us are are products of the plantation and without the plantation we would not have been able to advance but you know taking that trip down  is really irrelevant because as it may rule our intent is to assess those projects and activities in the shoreline area and came burning or agricultural burning really should be a discussion for another venue as tom mentioned chain burning and agricultural burning is already regulated by the state department of health does not i don't think we're trying to change the past i mean i understood that the will to plant haitian area has a great deal of sociological cultural historical significance to these decided to use because it's cheaper and more efficient for them to harvest their pain that way and unfortunately because there are more people living here and house a lot more people being impacted by the negative effects of it but  that's not possible it's something that we do have ok with it with the commissioners like i could even go to my office make copies for everyone including the public and the petitioner and we could take a recess for ten minutes five five minutes maybe  my apologies  permitting is not a regular price mechanism to address smoke and their pollution from agricultural burning in other words  totally in that sense there pretty much agreeing with you know the county you know we have the what of all comes in it's a big thing but it's on and it happens and the history part immigrants come in and we have the japanese the chinese the hollies of course he's all came here to work i know we're here a lot people i'd also want to clarify today if it wasn't already clear and it may already have been you're not voting to actually change a rule today you're voting whether or not you want to initiate that process which is require a public hearing publication in the newspaper and other things you could thirty days to determine to initiate that procedure or not initiate that procedure question done at all it's a difficult question i know it's something that agricultural entity does more to protect the coastal zone and the estimated area then perhaps and have i think it's important for maui to have a balance protect the resources that we have to do more good if you do that i read an article in the advertiser i think yesterday that said that  agricultural operations so f  at knocking the balance out of the balance between agriculture at the i'm never going to convince anyone to change their mind about aids and i there's so much more that i want to say about this but i think the basic thing is i agree with the department's opinion i agree that the opinion that the venue is is not correct i think the issue and i think that the plantation service to the community as far as getting an education etc and i think all the statistics that we've heard i think needs to be reevaluated from the standpoint that number one there's more oxygen per acre produced by children than the forests and a lot of people don't know that and i think the other side of the token is if we look historically at all the plantation that the state of hawaii each plantation wants it close only created more problems with waste et panel health problem that would be a major hole problem and talkin about asthma i grew up as an asthmatic child and i didn't have the kind of problems that people talk about that causes a person with as much but more help problems and i think i think it's high time the silent majority start speaking up about the appreciation of what the plantation has done for the community and grant that not all the things the plantation did was correct but i think in the long run it did service to the community and i fully support the whole idea of time on something that is not supposed to be here is a waste of time in the sugar operation they included every worry something that i call that rape and pays the highest wages of agricultural workers in the port you cannot compete with other areas that people seventy five cents a day in order to produce news on a free issue could be addressed there more readily because it's it's a seller's disclosure statement is mandated by law that it's being filled out so that might be an avenue to look into that based on their reason set forth in their staff report they could submit that as a as a commission as the denial of behalf of the commission for the reasons on behalf of the commission you could review that and and alter it or add reasons or delete reasons if you believe they are or are not system with your vote but if there is a motion i would advise it including reasons for the denial or a proper delegation of those reasons to the director based on the report making twenty three hours before  my mission agenda is i get more over twenty seven director