WAILUKU >> Maui's new planning director has been in office for less than a month, but he has already angered developers and delighted environmentalists. Maui developers upset
over new planning directorBy Gary Kubota
gkubota@starbulletin.comMichael Foley has rescinded shoreline permits on a few building projects, pulled back county support on a Napili development and asked a developer seeking subdivision approval to provide a master plan.
The moves have developers complaining that Foley and Mayor Alan Arakawa's administration are changing the rules for development.
"The rules haven't changed at all," Foley countered. "Now we're following them."
While he has served as planning director for several California cities including Davis and Napa, Foley's previous association with conservation groups such as Maui Tomorrow worries some builders.
"I believe there is a clear abuse of power and also believe that this administration is not executing the job of planning a better growth," said Francesco Moretti, the developer of Maliko Bay Trading Co. LLC.
Moretti said he had accepted bids from contractors for his eight-lot subdivision and had opened escrow on the sale of two lots when he received a Jan. 28 letter from Foley rescinding the issuance of minor shoreline permits.
Peter Martin, president of Makila Land Co. LLC, said his investors have been asked to provide a master plan on how the second phase of its agricultural subdivision of 24 5-acre lots will affect other agricultural subdivisions in West Maui.
Martin said he has never had to produce such a master plan for other agricultural subdivisions he has developed, and investors have already spent $400,000 on preparing the construction plans.
"They're changing the rules," he said. "We thought we'd be in construction right now."
Developer Kent Smith said his plan to develop a 33-lot Pu'u Kahana subdivision in Napili has been pushed back by Foley's demand that the venture provide an environmental assessment and apply for a community plan amendment.
Smith said the previous planning director had his department preparing an environmental assessment along with a community plan amendment for the property. He said that after 16 months of waiting, he now has been told the county must hold public hearings again on his proposed community plan amendment.
Foley said the county should not be preparing the environmental assessment for a developer and that Smith should apply for the amendment.
He also defended his decisions on the other developments, saying that Moretti's application was inadequate and he needed to provide more information, including the impact upon the view plane, traffic and drainage.
As for Martin's complaint, Foley said there have been several agricultural subdivisions in West Maui and that his department needs to see how they relate to each other in water distribution, traffic flow, open space and storm drainage.
Some environmentalists said Foley is cleaning up mistakes made by the prior administration.
Lucienne de Naie, a Sierra Club official, said Foley has been in this kind of situation previously and did not alienate builders when he worked with them in California.
"My experience with Mike is, he's not a raving radical. He's a commonsense type of guy," de Naie said.
Doyle Betsill, president of the Maui Contractors Association, said he feels it is too early to draw a definite conclusion about Foley's performance. "We're currently looking into the situation with great interest, but we haven't come to any conclusions."
But Betsill noted that in general, delays in housing projects create a lack of inventory and cause housing demand and prices to rise.
County of Maui
