The county has issued a Stop Work Order at this home under construction at 5385 Lower Honoapiilani Road in Napili. The order can be lifted after building inspectors approve specific actions to be taken by the owner to correct violations.

NAPILI — Napili Beach House LLC, developer of a controversial single-family residence under construction in Napili, has received a Stop Work Order from the Maui County Department of Public Works’ Development Services Administration.

The order, prepared in consultation with the Planning Department, required all work to cease as of 4 p.m. on Wednesday, Dec. 15, 2021, at the 5385 Lower Honoapiilani Road site.

Building and zoning inspectors examined the project site and determined the work deviates from area zoning requirements and maximum building square footage required to qualify for a Special Management Area (SMA) Permit Exemption in the project location.

According to Maui County Planning Director Michele McLean, an area between the first and second stories, and a roof over a covered elevator machine room, together constitute two additional stories in the structure, which currently exceeds 35 feet in height.

Thus, the building exceeds the Napili Civic Improvement District building height limitation of two stories in effect when permits were approved.

In addition, according to the county, the building likely exceeds the 7,500-square-foot limitation required for an SMA Permit Exemption for a single-family residence in the area.

The Stop Work Order can be lifted after the Planning Department and Development Services Administration building inspectors approve specific actions to be taken by the owner to correct the violations.

The owner, Developer Greg Brown, may also appeal by requesting a public hearing by the Maui County Board of Variances and Appeals.

McLean said the developer has submitted a plan to comply by removing excess square footage and stories. The Planning Department will review the plans to determine if the developer can achieve compliance.

“If they will achieve compliance, then the Stop Work Order can be lifted so that they can proceed with those changes,” she noted in an e-mail last week Thursday, Dec. 16.

Applicant Napili Beach House LLC was granted a county SMA Exemption to build a new two-story, 7,483-square-foot, single-family dwelling with swimming pool, ground catchment and landscaping outside of the Shoreline Setback Area.

Residents opposed to the project claim it violates the Napili Bay Civic Improvement District’s restrictions limiting structures to two stories, and that the eight-bedroom luxury home under construction exceeds the 7,500-square-foot limitation required for an SMA Permit Exemption for a single-family residence in the area.

Napili resident Chris Salem, a former staff member in the Office of Mayor Michael Victorino and executive assistant to the Maui County Council, said the Stop Work Order is the culmination of ten months of communications with county officials.

He also credited Derek Hyland, supervisor of the county Building Inspectors Section, for his professional efforts in upholding Maui County ordinances.

Salem commented, “The citizens’ rights to participation in the up front plan review process adopted under state environmental laws have been circumvented.”

He believes that the developer’s plans “violate the County Code and the Napili District restrictions. By code, the issued permits are invalid and must be revoked.

“The county attorneys have a duty to issue maximum fines to Developer Brown and demand the property be restored to its original condition. I have presented a plan to the mayor to build a public park and restrooms to turn this fertilizer into flowers.”