Posted on: Friday, November 30, 2001

59-acre 'gift' presents problem for Kaua'i Council

By Jan TenBruggencate
Advertiser Kaua‘i Bureau

LIHU'E, Kaua'i — A Kaua'i County Council committee yesterday spent three hours wrangling over conditions for a developer's donation of a 59-acre coastal parcel in Kealia, and ended up passing the decision on to the full council.

The land in question is on and alongside an old cane road that runs between the shore and the Kealia Kai subdivision — a 2-mile stretch running north from Kealia Beach.

The key issues for many residents are that developer Thomas McCloskey wants the subdivision's private security force to be able to patrol the coastal park, and he wants the property closed after dark to the public, except for fishing.

The land contribution is far in excess of what is needed for the subdivision's park dedication requirements.

In the latest proposed conditions, McCloskey has given up his right to apply the 59 acres to park dedication requirements on future subdivisions in the Kealia area.

Lorna Nishimitsu, McCloskey's attorney, said the land conveyance is a condition of subdivision and not a gift, but many of those who spoke at yesterday's meeting characterized it as a gift with problems.

Andy Parx argued that lateral access along the coast must be available day and night.

Glenn Mickens said: "A true gift doesn't come with 17 stipulations."

One condition under consideration would allow the county in three years to ask subdivision owners to remove the security personnel and lift the restriction on nighttime park use.

But the owners would not have to agree.