Posted on: Wednesday, June 30, 2004
Judge extends order on 'Ewa Beach wall
By Catherine E. Toth
Advertiser Staff Writer
A state judge ordered mediation yesterday between 'Ewa Beach residents and the developer responsible for an 18-foot-high wall along Papipi Road that residents want torn down.
After a daylong hearing yesterday, Circuit Judge Victoria Marks postponed a decision on whether to issue a permanent injunction that will prevent the city from approving permits for further construction of the wall. She said she wants the residents and developer to come to a resolution without help from the court.
In the meantime, a temporary restraining order issued May 27 by Marks will remain in place. That TRO prohibits the city from issuing permits until a decision is made on the lawsuit by 'Ewa Beach resident Craig Smallwood against Haseko Hawai'i Inc., which is building the wall alongside Ocean Pointe development.
But if yesterday's hearing is any indicator, mediation may not resolve the contentious issues before the next hearing Aug. 11.
The concrete-block wall already extends about 500 yards along Papipi Road and behind 'Ewa Beach Elementary School. Homes would be built from that level and higher, further obstructing views — one of the main concerns of residents.
Residents have opposed the wall, contending that it may lead to flooding in the area. They also denied receiving notice about public hearings concerning the wall. But city officials say Haseko followed the proper procedures in applying for the permits. In addition, Haseko said the wall won't lead to flooding and said the company notified the residents about the proposal to build the barrier.
For Haseko to apply for a grading and/or building permit with the city, it has to notify every property owner within 300 feet of the site of its need for a permit.
Valerie Fernandez, who has lived on Papipi Road for six years, said she never received a notice about a public hearing, despite being on Haseko's mailing list.
"At this point I'm against (the wall) only because I don't feel Haseko was totally up front," Fernandez said. "I am not against development in itself. I'm against being deceived."
Haseko said it mailed out notices at the end of April 2003 about a public hearing that July, according to Sharene Tam, community relations coordinator for the developer. It also posted signs every 500 feet along the perimeter of its development at Ocean Pointe along Papipi Road. The signs stayed up longer than the required two weeks before the hearing, Tam said.
In addition, the developer presented its plans twice to the 'Ewa Neighborhood Board — in December 2002 and May 2003 — as required by the city.
The public hearing in July of last year was attended by just one resident, said Geri Ung, planner for the city's land use permitting division of the Department of Planning and Permitting, assigned to assess the planned development housing permit for Haseko.
She testified that the only concerns raised by residents at that time about the project, of which the wall is a part, centered on traffic that the new portion of the development might cause.
Patrick Seguirant, branch chief, urban development branch of city planning department, testified there was concern about the height of the wall. The maximum limit for a wall that close to the roadway is 6 feet, he said.
But he said the wall could be built if it were terraced and with Haseko adding various improvements including a sidewalk, street trees and bougainvillaea hedges. All those improvements are included in Haseko's current plan for the area, Tam said.
Terracing the wall would also improve drainage, Seguirant said, which has been a huge concern for Papipi Road residents worried about flooding in the area.
The wall, which begins near 'Ewa Beach Elementary School, will extend as far as Onelua Beach Park, reducing in height as it approaches Papipi Drive, Seguirant said.
During the hearing, Marks said it would be "troubling" if the residents did not know about the specifics of the wall or the role it will play in the development. She asked the city officials if these plans can be revised.
Randall Ishikawa, Haseko's lawyer, said his client is open to options but added that further delays are costing the developer, which is unable to continue plans on that part of the subdivision.
"Haseko had been looking toward getting a quick resolution on this matter and move forward," Ishikawa said, adding the developer hopes to reach a resolution in mediation.
Mediation will be between Haseko and community members. The city will be a neutral consultant in the mediation.
Berna Cabacungan of Earthplan, who has already been retained by Haseko for community outreach, will be the mediator.
Smallwood, who represented himself in court, said he supports mediation.
"I'm really happy with it," he said. "If Haseko has been reasonable and worked with the community from the beginning, we wouldn't be here."
Reach Catherine E. Toth ctoth@honoluluadvertiser.com or 535-8103.
