So that’s what nature’s got going on. What’s happening in the realm of humans? (Click on the photos to enlarge.)
Well, the Garden Island today has a front-page story on a truck driver who reportedly damaged the headstones on two gravesites in a “terrifying situation” at a Catholic cemetery in Kealia. Meanwhile, up the road a fair piece at Naue, construction trucks daily roll over dozens of burials as Joe Bresica builds a house right smack on top of a Hawaiian cemetery.
As you can see, the house is coming right along. And the Guv still hasn’t appointed the new members needed to create a quorum on the Kauai-Niihau Island Burial Council — one of two bodies (the other is the county planning commission) with the power to stop it.
While we’re at Brescia’s lot, here’s an example of how the state and county work together to privatize public beaches:
The orange fence marks where the state set the shoreline for the purpose of determining the 70-foot setback for his house. Under state law, that shoreline certification is supposed to last for just one year, and it’s already expired. The county required Brescia to get state approval for his landscape plan, but the state punted to the county, which has previously allowed oceanfront landowners to install irrigation and landscaping right up to the expired shorelines.
So it raises the question: how/when do the people get their beach back?
And if the state refuses to consider historical evidence that shows the highest wash of the waves is considerably mauka of the shoreline certification line, what kind of liability is it creating when the big waves come again and wash right up and under those Wainiha/Haena houses — some of them with vacation rentals (TVRs) on the ground floor?
To continue on with the North Shore show-and-tell, here’s a photo of a house that Realtor Nicky Michaels tried to get approved as a grandfathered TVR use, proving that not all vacation rentals are “lavish.”
The planning department, to its credit, did deny Nicky’s application on this particular unit. But now that it’s all fixed up (photo below), who’s to say that he won’t be seeking an appeal of that denial — like the dozens of denials recently reversed by the Planning Commission with the public left in the dark about how and why?
Interestingly enough, Nicky was able to do this major renovation with a ridiculously low-valued building permit issued under the county’s “unsubstantial improvement” category. This allows him to avoid seeking a major Special Management Area permit, with its bothersome public hearing and potential for contested case hearing.
Doncha just love those accommodating guys at planning?
This is not the first time he’s taken such an approach. Under a similar “unsubstantial improvement” permit he was able to transform a modest 1,080-square-foot hale into the luxuriously spacious
Blue Lagoon vacation rental:
This is a destination like no other destination, for those whom have the wherewithal to stay at this location.
Be sure to take the slide show. And if you’ve got $8,330 lying around during prime season, and $6,650 off peak, you can rent it for a week. (There's an additional $550 cleaning fee, so the locals can tidy up after you.)
Heck, you might even get to meet Nicky himself:
The owner, Nick Michaels, loves to talk with prospective visitors about his home, about the north shore, and about Kauai. He has a true passion for this lovely island, for its wonderful people and enjoys sharing this little slice of paradise.
But I really shouldn’t be talking about these kinds of things. They might be construed — to quote a comment from yesterday’s post— as precisely the kind of “classist sentiments designed to rabble rouse and incite jealous anger.”
It's interesting that there is a commonly-held haole belief that locals get special treatment and have an unfair advantage on Kaua'i. Recently, for example, a host on a public affairs program on KKCR seemed to affirm the anecdotal claims of a caller that the police don't arrest locals, even though a casual glance at the county jail population or the newspaper's police blotter would prove otherwise.
ReplyDeleteBut it seems like realtors, developers, and vacation-rental owners, who appear to be disproportionately haole, have the county government eating out the palms of their hands.
In the big scheme of things, being called "f***ing haole" once in a while seems like a small price to pay for such advantages.
How come nobody is pissed at whoever it was that sold the land to Bresica in the first place?
ReplyDelete"The owner, Nick Michaels, loves to talk with prospective visitors about his home, about the north shore, and about Kauai. He has a true passion for this lovely island, for its wonderful people and enjoys sharing this little slice of paradise."
ReplyDeleteIs it sharing if you have to pay for it?
i totally 2nd the motion that "being called "f***ing haole" once in a while" is often overblown (save for when its followed by a battery)
ReplyDeletedoes it make the speaker seem smart? no
is it, on its face, racist? ya
does it have the gravitas of a more powerful group member directing similar sentiment towards a (historically) much less powerful group member? of course not, there is a world of difference in terms of harm and divisiveness. personally, i find it puzzling that this is not better recognized. it is probably a good example of local caucasians not being able to view such occurrences with sufficiently effective objectivity and a long-term and informed context. im grateful to have some understanding of the difference between an american being called a (f-ing) gringo by a relativity poor panamanian and a white guy calling a black guy the N word in texas (w/ or w/o the f-bomb)
pls pardon the rant
a_mainland_mentality
"Is it sharing if you have to pay for it?"
ReplyDeleteSuch is advertising. As if the owner "REALLY cares" on a one-to-one level. Keep 'em coming, rake it in.
"Under a similar “unsubstantial improvement” permit he was able to transform a modest 1,080-square-foot hale into the luxuriously spacious Blue Lagoon vacation rental"
ReplyDeleteThis does look pretty outrageous. Kind of like the DOT in Superferry claiming that no EA was necessary because they were only "minor harbor improvements" being made.
Corruption tends more to flourish at lower levels of government Everyone blames the Planning commissioners for the state of things on Kauai, but the problem may really not be that high up. Its the inspectors on the ground that are signing off on things like "unsubstantial improvements" and permits for north shore beach front homes where the downstairs is enclosed. Commissioners have to rely on the reports from the field - and if some inspector is not telling them the truth - whether its because its their friend's brother's house or maybe a little bribe or an expected future favor from a wealthy "lavish" homeowner - the commission can't make a good decision with bad information.
And the problem is once a government approves a particular use of property, its pretty much stuck with that approval. The property owner is entitled to know that government approval means its really approved. This TVR thing is largely the consequence of improvidently granted approvals for building permits for "farm dwellings" 30 years ago. Who were those inspectors?. Anyway, seems they're not approving much of anything these days.
It is a good question though - How was blue lagoon approved as a minor improvement? Wonder who signed off and what was reported to the commission before approval.
what's a farm dwelling? it's whatever you apply for. what's an unsubstantial improvement? it's whatever you tell the planning department it is. what's a variance? who knows? no one needs a variance here b/c everything gets approved
ReplyDelete"Hawaiian cemetery"
ReplyDeletePerhaps the term you use is a sample of that mainland mentality. The term cemetery is a western concept that suggests a special burial place away from ones residence.
We also know that pacific islanders buried their dead under their houses to care for them.
So there is just a new caretaker at the point who has assumed that responsibility.
get a life
ReplyDeleteSo there is just a new caretaker at the point who has assumed that responsibility.wrong, caretakers were loving family members and by the treatment of brescia , these iwi must be shaking in their bones, not resting in peace. Bets he never sleeps there. developer, sick man please stop desecrating our ancestors. Please tell us how you have the audacity?
ReplyDeleteLooked up Blue Lagoon, Private beach screamed out, stolen beach more like it
ReplyDeleteKaty said "But it seems like realtors, developers, and vacation-rental owners, who appear to be disproportionately haole, have the county government eating out the palms of their hands."
ReplyDeleteAnd the people in Gov doing all the eating is guess who? Is it disproportionally locals? Why yes it is. Are these locals doing the eating advantaged? Who elected them? Mostly locals? Why yes it is. So it appears to be locals helping haole exploit other locals. Who to blame, who to blame. Mainland haoles with bribe money or the locals taking the bribe? Both? Why yes.
The project may not have required a special management area permit as:
ReplyDelete“Development” does not including the following;
(1)Construction of a single-family residence that is not part of a larger development;
He built - maybe unsubstantially constructed is the proper phrase - more than one house on the property. All these accusations about bribery and corruption may be correct, but it may simply be laziness, stupidity and ineptitude.
ReplyDelete"Please tell us how you have the audacity?"
ReplyDeleteThat's the why it was viewed by old members of the KNIBC.
What better way in intergrate new residents into the community!
"Who to blame, who to blame. Mainland haoles with bribe money or the locals taking the bribe? Both? Why yes."
ReplyDeleteThis is only a conundrum if you don't apply a systemic analysis to the situation. It makes more sense when we think about the nature of capitalism and colonialism.
"Interestingly enough, Nicky was able to do this major renovation with a ridiculously low-valued building permit issued under the county’s “unsubstantial improvement” category. This allows him to avoid seeking a major Special Management Area permit, with its bothersome public hearing and potential for contested case hearing."
ReplyDeleteIt appears you are confusing the building code and the land use as 'unsubstantial improvement' is flood/building code.
This is only a conundrum if you don't apply a systemic analysis to the situation. It makes more sense when we think about the nature of capitalism and colonialism.
ReplyDeletethis kind of off-the-shelf, canned analysis is really too simplistic to be helpful. (not to mention it being tired and corny). These self-same human conflicts over resources have been playing themselves out for centuries before "capitalism." (The various American Indian tribes existed in essentially a permanent state of warfare over territory and hunting grounds punctuated by brief episodes of peace).
Anonymous September 1, 2009 12:24 PM - you mean Sylvester Stallone - that is who subdivided that development.
ReplyDelete" you mean Sylvester Stallone - that is who subdivided that development"
ReplyDeleteToo bad he just didn't donate the land to the public (out of anyone, probably could afford it).
What are the odds that his realtor (or lawyer whatever) knew full well about the burials on some or all of the subdivided properties? (i mean literally, not just in the general sense based on cultural knowledge). May or may not have informed the 'owner', but sure wanted to drop the hot potato asap and collect commission.
What did the prior owners think the end subdivided owners were going to do with the lots, plant rose gardens? I'm not trying to be facetious here.
I am really curiuos to know more of the real history of this property, prior to the current debacle.
Follow the paper trail. There must be 20 years worth!
ReplyDeleteIt was always well known that burials are in high concentration along the coast in Haena, and especially high concentration in the sand dunes. and no one was stupid enough to want to locate their home too far seaward because of the waves.wainiha sub is a ghetto now, even if its a rich man's ghetto.
ReplyDelete"rich man's ghetto"...I like that. Sounds like the title of a book or extended article. It can have so many connotations.
ReplyDeleteI wouldn't apply it to every gated community, though, but I could see where it could have selective meaning.
Katy said "This is only a conundrum if you don't apply a systemic analysis to the situation. It makes more sense when we think about the nature of capitalism and colonialism."
ReplyDeleteYour verbal crap hardly constitutes the "systemic analysis" you have ascribed to yourself. Far from "makes more sense" it gives new meaning to both arrogance and nonsense.