Posted on: Friday, August 10, 2001

Neighbor Islands
Maui upholds beach project halt

By Timothy Hurley
Advertiser Maui County Bureau

WAILUKU, Maui — Maui County has decided to let stand a stop-work order on the construction of a oceanfront residential project near Baldwin Beach Park on Maui's north shore.

Maui Planning Director John Min was advised by a county attorney this week to rescind the special management area permit exemptions he authorized in December for three homes in a condominium complex at what is known as the old lime kiln site. 

Deputy Corporation Counsel Richard Minatoya's legal opinion confirmed a brief he issued last week indicating that work by Montana Beach LLC on the 5.7-acre beachfront parcel in Pa'ia should be stopped. The work was halted by the county Aug. 2 based on a Minatoya's preliminary opinion.

According to the latest opinion, the county's practice of granting coastal zone permit exemptions for single-family residences that are part of a condominium project is not allowed by state law.

Minatoya stopped short of requiring the landowner to tear down the partially completed structures. Instead, Montana Beach will have the option to appeal the decision or apply for special management area use permits.

Montana Beach attorney Thomas Welch could not be reached for comment yesterday, but last week he said a stop-work order is contrary to the law, and his client would pursue legal remedies.

While the order may end a formal appeal of the exemptions pending before the Maui Planning Commission, the Maui County Council's Land Use Committee is expected to pursue its investigation into the development on land designated for park and open space in the area's community plan.