Haiku church permit deferred again; jurisdiction an issue
Planning panel wants more time to mull decision
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The Maui News
WAILUKU -- The Maui Planning Commission has again deferred a decision on a state Land Use Commission special use permit to allow owners of a Haiku organic permaculture farm to establish an interfaith church on the property.
Members wanted more time to make a decision after conferring with county attorneys in executive session at the meeting Tuesday.
When it voted to enter executive session, the panel was entertaining a motion to deny the permit, which was later withdrawn. A motion to approve the permit failed previously.
Planning Director Michele McLean said that if the panel deferred the matter, the department would seek guidance from the Land Use Commission over whether the county panel or the state commission should be the one to approve the permit.
The next meeting on the application will be Aug. 13.
Lew Abrams, representing the nonprofit interfaith church Sacred Earth Assembly, is seeking to use 14.8 acres of the Ahimsa Sanctuary Farm and a 7,683-square-foot, two-story agricultural building for church-related activities on the 25-acre property at 4504 Hana Highway.
Activities include holding weekly services and celebrations, such as birthdays, memorials and full moon gatherings.
Because the church would be on agricultural land, it needs a special use permit.
The Maui Planning Commission typically handles Land Use Commission permits for projects under 15 acres. Projects above that threshold head to the state commission.
A survey was done by the applicant since the original May meeting on the request and was presented to the commission Tuesday to show that the area was under 15 acres.
But more questions arose Tuesday as commissioners wondered about a driveway that was not factored into the acreage amount. Deputy Planning Director Jordan Hart said the driveway was not included because ingress and traffic to the property are not a "use" sought under the permit. But he added that if the driveway is to be included as part of the special permitted area, acreage from a gulch that is currently in the permit could be removed.
Commissioners on Tuesday also added and amended conditions to the project, including the times events could occur, the number of events per year, and establishing a way to notify neighbors of large events on the property.
At the commission's Aug. 13 meeting, an attorney for the applicant intends to cross-examine two neighbors who oppose the project.
The permit was originally heard at the commission's May 28 meeting. The panel deferred a decision because of questions about the map in the application and over whether the panel has jurisdiction.
Oral testimony had been closed since the May 28 meeting, but some neighbors were in attendance Tuesday. Neighbors had previously complained that the celebrations on the property already generate noise and traffic. They also alleged that church services already were occurring, but Abrams on Tuesday denied the claim.
Commissioners urged the applicant to address concerns with neighbors before the Aug. 13 meeting.