All the applicable County Codes clearly state that if there are conflicts between the requirements of any State law or County ordinance, the more restrictive requirements shall apply.
Director Mclean has repeatedly cited a meaningless excuse that the Napili Bay District Overlay lacks a height limitation, but that in no way wipes out island-wide zoning that limits a private residence to 30 ft.
Mr. Brown wrongfully received an SMA exemption specifically claiming he was building a single-family home. Public Works Supervising Inspector Derek Hyland has now officially certified that what Mr. Brown has built instead uses Hotel standards, in violation of the Napili Bay 2-Story limit which for over 50 years protected the village feel there.
Council Member Paltin asked, “Is there anything else that the Council should be doing on this matter?” There most certainly is!
This very petition, started back in August and signed by nearly 1,300 residents, requests Ms. Paltin as Chair of the Planning Committee to specifically ask for a legal opinion from Council Services whether an applicant filing for an SMA permit in the “Residential Category of the Napili District” must actually build according to “Residential Building Standards”?
It is a simple question. We’ve asked Council Services ourselves but they will not respond to anyone but a Council Member. Outside experts have done the research and their answer is “Yes”. Public Works now agrees too but is being blocked from issuing a Stop-Work order by Director McLean and Corporation Counsel. It’s time for Council Member Paltin to step up to the plate and break the deadlock.
Regardless of who made mistakes or may have been paid off in the Planning Dept for Mr. Brown to get this far (several individuals who approved plans and publically defended Brown have recently resigned) Title 16’s Validity of Permit clause holds Mr. Brown responsible for the conflict of seeking an SMA exemption under single-family use but using hotel standards to build. Because of his misrepresentations, which Director McLean seems to be doing everything she can to obscure, Mr. Brown cannot sue the County at all.
Two separate lawsuits have already been announced if Mr. Brown is NOT shut down, from a citizen and lawyer living just up the road, and from a developer who previously tried to do a similar project at the same site but was held to a completely different set of standards than what Director McLean seems intent to allow Mr. Brown to get away with.
Such favoritism seems common to Director McLean as she is also currently named in a lawsuit for specifically refusing to issue violation notices to another favored developer just up the road from Greg Brown’s monster.
Not surprisingly, both developers are represented by the same lawyers who were formerly employed by Corporation Counsel.
Reach Council Member Paltin at (808) 270-5504 or Tamara.Paltin@mauicounty.us and let her know how you feel.
It’s Giving Tuesday. Maui Causes could sure use your support!
If you can, please support Maui Causes and others in our community who are working hard to expose corruption and get Maui’s County Council to approve legislation that plugs the loopholes in Public Works and Planning.
For the first time ever, there are individuals in positions of authority within the administration who agree that change is needed and are taking action to stop the madness.
Director, Maui Causes