Bending of the rules led to Montana Beach condo
I would like to correct an important misunderstanding about the Montana Beach condo at Baldwin Beach, which never had an special management area exemption nor a SMA permit. Technically, after applying at Christmastime and being granted a SMA exemption for a single-family house, I appealed within a timely manner, and I won after an eight-year contested case. All of which would have been unnecessary if the applicant and the county had not bent the rules into a pretzel.
The reality is that the county is not allowed to issue exemptions for federally mandated SMAs. Law offices could just stop asking the county to bend the rules to accommodate their clients – like requesting Public Works to issue permits and exemptions from the Planning Department.
The house should be used by the community as a center or the foundation could serve as a pavilion.
The road to Hana Highway should be opened to the public and the three former owners should be required to have cleaned up all the waste they left on the park/open space area.