Subject: [NEXTEL-1] Nextel withdraws application for Po‘ipu cellular phone antenna site

From: [email-masked]
Date: Sun, 17 Aug 2003 03:16:07 -0400

AUGUST 17, 2003  - 3:14 A.M.

KAUAI NEWS
Nextel withdraws application for Po‘ipu cellular phone antenna site
By TGI STAFF

Representatives of cellular-telephone company Nextel have withdrawn applications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.

http://www.kauaiworld.com/articles/2003/08/16/news/news02.txt

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