Representatives of cellular-telephone company Nextel have withdrawn applications for permits necessary to erect a 45-foot flagpole antenna on the grounds of the Kukuiula Store building in Po‘ipu. The withdrawal, received for the record by members of the Kaua‘i Planning Commission
Representatives of cellular-telephone company Nextel have withdrawn applications for permits necessary to erect a 45-foot flagpole antenna on the grounds of the Kukuiula Store building in Po‘ipu.
The withdrawal, received for the record by members of the Kaua‘i Planning Commission at their meeting this week, came after Nextel officials received word that the Kaua‘i Planning Department recommended the commission deny the permit applications.
The department’s proposed findings of fact, conclusions of law, decision and order concluded that the proposed antenna did not meet criteria for a use permit because the antenna would “be detrimental to the peace, comfort and general welfare of persons residing in the immediate neighborhood,” that Nextel had not exhausted examination of suitable other sites away from residential areas, that Nextel already has service in the area, and that “the proposed application is not consistent with the Kauai General Plan or the Koloa-Poipu-Kalaheo Development Plan.”
Dean T. Yamamoto, a Honolulu attorney representing Nextel WIP Lease Corp., in a letter to Planning Department Director Ian Costa and the commission, disputes all of the department’s findings, saying, “it is clear that the foregoing findings and conclusions are not supported by the record for these applications.”
While Nextel does have some existing service in the Po‘ipu area, the new antenna would have provided greater mobile and in-building coverage to Nextel customers. “The Planning Commission cannot make a legitimate finding that Nextel has adequate service in the Po‘ipu area,” Yamamoto wrote.
Company representatives twice redesigned the proposed installation in response to community concerns, and Yamamoto’s research “indicates that Nextel’s proposal is consistent with the General Plan.”
While indicating his client will “look into its possible legal remedies,” Yamamoto also pledged that Nextel officials will continue working with the department and community “to explore alternative sites” and “seek to locate and design its facility in a manner that addresses legitimate planning and community needs, concerns and requirements.”
Approved by a unanimous vote of commissioners present were applications for permits necessary for Lawai Cannery Row, LLC (limited liability company) to repair, renovate, reconstruct, improve and upgrade existing warehouse facilities at the former Lawa‘i pineapple cannery site.
The permits allow development of new storage and warehouse facilities and a future, four-lot residential subdivision, on the 60-acre site now housing a lumber company, warehouses and a boat-building business.
