A disagreement between the board that controls the roads in Hawaiian Ocean View Estates and two quarry companies about expansion of mining activities in the neighborhood played out before a Windward Planning Commission panel Wednesday.
By press time, the all-day hearing looked like it would spill over to the next day with no decision made.
The four-member Planning Commission panel will make a recommendation to the full six-member commission, which will then vote on the recommendation.
HOVE Road Maintenance Corp. is charged with collecting assessments from property owners and maintaining 157 miles of private roads in the subdivision. It also can assess heavy trucks $1,000 per vehicle annually to traverse the roadways.
But the road company has been unable to strike an agreement on increased activities with mining companies Arrow of Oregon and David and Laura Rodrigues, which are mining in two separate areas primarily along Lurline Lane, Kailua Boulevard and Liliana Lane. Mining has gone on in the area since the late 1950s.
“Quarrying is an appropriate use of this area,” said attorney Randy Vitousek, representing Arrow. “There doesn’t seem to be any disagreement that (the special permit shouldn’t be granted). The issue is what conditions should be applied.”
Vitousek said a recent road assessment of his client for $259,000 is unfair, especially considering the previous assessment was $3,900.
“They’ve done nothing to repair the roads,” Vitousek said. “(But) they are trying to force Arrow to pay the RMC a quarter of a million dollars to get that permit.”
The road maintenance group disagreed.
“There are real serious issues here. This is not about the RMC but protecting the integrity of the roads they maintain,” said attorney Thomas Yeh, representing the HOVE Road Maintenance Corp. “Should they be charging individual lot owners to pay for the damage (mining vehicles) cause? I think the answer is no.”
The Rodrigueses, appearing at the contested case hearing representing themselves, tried to keep up, sandwiched in between the two high-powered attorneys as they battled it out.
“We’re just hoping that honesty, hard work and the facts will prevail,” said Laura Rodrigues.
Arrow is trying to expand its permit by an additional 8 acres, bringing the total mined to 13 acres. The Rodrigues company is seeking a special use permit to mine 5 acres, after it was shut down last October for operating without a zoning permit.
Email Nancy Cook Lauer at ncook-lauer@westhawaiitoday.com.
