PAIA, Maui >> A group of Maui residents oppose development of three houses east of Baldwin Beach and wants the county to use the land for a park. Residents oppose
Maui housingBy Gary T. Kubota
gkubota@starbulletin.com"This is the main swimming beach on the north shore," said Christina Hemming, a Maui resident.
The residents' request was sent to the Maui County Council's Land Use Committee yesterday. No date has been set for a hearing.
Committee Chairman Alan Arakawa said the Council could condemn the land if the community showed there was a greater public good to be served by buying it for a park.
Arakawa said his committee also planned to look at whether the county administration acted properly in giving waivers to the developer, Montana LLC.
"We're going to look at all these allegations," Arakawa said.
Some 1,300 people have signed a petition noting that the 5.7 acres of land near a place known as the "Old Lime Kiln" was designated for park and public use in the Council's community plan for Paia.
Residents said that despite the designation, county officials have allowed Montana Beach to proceed with the development.
Hemming and the group Hui Alanui O Makena have filed an appeal with the Maui Planning Commission to halt further development. The appeal is scheduled to be heard no later than Oct. 23.
The appeal challenges a decision by Planning Director John Min last December to exempt Montana Beach from obtaining a special management permit for its coastal development.
Min has said the department has routinely exempted up to three single-family residences from having to obtain coastal permits.
Hui Alanui spokeswoman Dana Hall said the state exemption does not apply to three single-family residences on a single parcel, as was the case with Montana Beach.
Maui resident Robert Karpovich said beach-goers have been walking along the shoreline from Paia town to Baldwin Beach Park and fear the new development will eventually cut off a path across a section of private property.
A rock revetment on a portion of the property prevents beach-goers from walking along the public shoreline.
During summer the sand retreats from another section of beach, and the shoreline becomes an eroded cliff, forcing people to walk on the privately owned land.
Montana Beach attorney Thomas Welch indicated the landowners were willing to talk about providing beach access.
"We're open-minded about it," Welch said.
Hemming said beach access is important because residents fish in the area.