Posted on: Thursday, January 13, 2005

NBA coach in Maui permit dispute

By Timothy Hurley
Advertiser Maui County Bureau

MA'ALAEA, Maui — Don Nelson isn't just a Dallas Maverick. It turns out he's a Maui maverick, too.

The NBA coach and Maui property owner has been allowing a wedding business to operate on his oceanfront Ma'alaea property since 2001 without a permit.

While that may be technically illegal, Maui zoning enforcers haven't exactly been beating down his door. In fact, Nelson has been trying to obtain a permit ever since a neighbor complained at least a couple of years ago, and county policy is to suspend enforcement pending resolution of an application.

The fate of the business remains up in the air this week after the Maui Planning Commission on Tuesday deadlocked on Nelson's permit request, sending the matter to the Maui County Council without a recommendation.

At issue is how much impact the weddings have — and will have — on the neighborhood of oceanfront condominiums that flank Nelson's two Hau'oli Street lots, totaling 1.8 acres.

Neighbors are split. While some say the weddings are low-key affairs, others say they can generate too much noise and traffic.

"Sometimes they get out of control," said Francis Michael Patrick Lydon, who lives in the neighboring Ma'alaea Banyans condo. "You don't have weddings to act like you're at a funeral."

Nelson said yesterday that he was frustrated.

"We thought we were doing a good thing, leaving it green and landscaped. Weddings are low impact," he said. "It's a $10 million property, and I suppose we could do a condo."

Wedding coordinator Kristin Gerring held a meeting with about 50 community members on the property in 2001 to announce that weddings were going to be held there.

At the meeting, the business was welcomed to the community, Lydon recalled. However, after a few months, he said, somebody complained to the county and it was discovered no one had filed for a conditional permit to legalize the activity.

Other residents said the wedding business has been a good neighbor.

"I can honestly say there has been no problem at all," said Regina Finnegan, who lives in the same building as Lydon. "In the three years they've been in operation, only twice have I heard what I'd consider too much noise."

Gil Van Valkenburg said none of the guests in any of his several Ma'alaea Banyans units have complained about the weddings.

But some neighbors are worried Nelson will end up selling his land, which contains a house and cottage, to someone who will build a high-rise condominium or two, adding even greater traffic and noise to the area. The land is zoned for apartments.

According to his application, Nelson wants a permit to conduct up to 10 weddings a month and 10 other parties a year. There would be no more than 80 guests per wedding and vehicles limited to 20. Events would end by 10 p.m. and only acoustic music would be allowed outdoors.

Reach Timothy Hurley at (808) 244-4880 or thurley@honoluluadvertiser.com.