After listening to passionate testimony about the coastal and cultural resources found near Pauwela Lighthouse, the Maui Planning Commission’s denial of a permit extension for a roughly 310-acre development near the Haiku landmark came down to a “black and white” submission deadline.

The commission voted 5-1 on Tuesday to deny a time extension request on a special management area use permit for Nalu Ola Ranch West subdivision, which has entitlements for a project of 14 coastal lots, ranging in size from about 6 to 57 acres. Commissioner Dale Thompson dissented, while commissioners P. Denise La Costa and Christian Tackett were excused.

With the extension request, property owner Makai Hana V LLC was seeking to install the utility, drainage and roadway improvements, along with an on-site well and other work, to support the lots, starting this summer or fall.

According to a Planning Department report, the applicant explained the delay in construction due to changes in ownership. Alexander & Baldwin was previously a joint venture partner. In 2017, Makai Hana V LLC purchased the entire partner outright with an equity partner and has been marketing the lot sales in as-is condition.

“During that time period, the applicant came to the conclusion that to facilitate sales at their intended price point, it will be necessary to complete the infrastructure improvements as originally planned,” the county report said.

On Tuesday, Haiku residents expressed concerns over preservation and access to a tract of land that they said was supposed to be protected in perpetuity.

Haiku resident and attorney Isaac Hall asked that a 3.38-acre area of land called “Pauwela Lighthouse County Park” be protected and preserved. He said the “Lighthouse Road,” which crosses the Nalu Ola Ranch West subdivision and connects Hana Highway to the county park, should be officially recognized as the park’s public access.

In 1979, Alice Kuloloio filed suit to stop the federal government from selling the 3.38 acres in private auction. Then-U.S. President Jimmy Carter “stepped in and cancelled the private sale based upon the agreement of Maui County to preserve the 3.38 acres as a county park in perpetuity,” Hall said in written testimony.

Kuloloio’s grandchildren, Manuel Wayne Makahiapo DeCosta Kuloloio, and his sister, Francille Leina’ala DeCosta Vedder, testified Tuesday, asking that the commission and the Planning Department protect the area and access to it.

“If I cannot protect access to this place in front of my house that we named my dad’s first grandchild, Puniawa, yeah, then it’s almost like we may as well throw everything away,” said Manuel Kuloloio.

Vedder asked that the commissioners do their due diligence.

“Maui County, let alone the United States government, has a fiduciary duty to my grandmother and I am one of her heirs,” she said. “And like I said, I live there, I can see Pauwela Lighthouse. My son is named Puniawa because of that and he was baptized in Puniawa by my father, Leslie Kuloloio. And so it is very shocking to me that this is coming up.”

Leslie “Uncle Les” Kuloloio, who was recognized as a protector of Maui’s land, an animated storyteller, a musician and a historian, passed away last year at age 79.

Commissioners, County of Maui staff and a representative for the owner struggled with identifying the location of the “Lighthouse Road.” The roughly 310 acres slated for development is currently fallow land that was once used to grow pineapple and maps have changed over time, county staff said.

The Maui Planning Commission in 2015 granted a special management area use permit for the Nalu Ola Ranch West project. In 2018, the commission waived its review of a time extension request to start construction and allowed the Planning Department director to approve a two-year request, which was granted.

The recent second extension request was submitted Dec. 19, 2019, and the commission decided to hear the request.

Commissioner Kimberly Thayer said the extension request failed to meet the deadline outlined in its permit. Thayer said that in the conditions of the SMA permit approval, a time extension shall be submitted no later than 90 days prior to the expiration of the permit.

“(It was filed) at 71 days, which is less than 90 days and that is purely in black and white,” she said. “It was acknowledged by the applicant in their initial compliance report, it was acknowledged by the applicant in their second compliance report, so it’s not like it was a surprise to the applicant.”

Commissioner Jerry Edlao, who made the motion to deny the extension, said deadlines and other hard rules should be followed.

“If we’re not going to follow rules, then why are we here?” he asked.

Steve Robinson, who represented the property owner at the meeting, said before the vote that the extension was filed by his staff more than a year ago and he was uncertain why it was late.

“Forgive me, I could give you, ‘My dog ate my homework,’ but I don’t know what happened,” he said.

* Kehaulani Cerizo can be reached at kcerizo@mauinews.com.