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HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-SPP-2022-000010) MathSPP.5.6.2022 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT ROY AND STEPHANIE BATH SPECIAL PERMIT APPLICATION NO. PL-SPP-2022-000010 ROY AND STEPHANIE BATH are requesting a Special Permit to allow a home occupation for a massage therapy establishment on approximately 5,720 square feet of a larger three (3) acre property in the State Land Use Agricultural District. The subject property is located at 16-2059 Moho Road, approximately 0.37 miles from its intersection with Ale Road, Hawaiian Acres, Kea`au, Puna, Hawaii, TMK: (3) 1-6-045:007. APPLICANT'S REQUEST 1. Request: The applicants are requesting a Special Permit to allow a home occupation for a massage therapy establishment within a 68.8 square foot portion of an existing single- story, 688-square foot dwelling under construction on the subject property. The dwelling consists of two (2) bedrooms, one (1) bathroom, living room, kitchen,plus a 96-square foot covered lanai. The applicants are proposing to convert the smaller, 68.8-square foot bedroom into the area for the massage therapy home occupation use. Other components of the project include the existing driveway and a proposed parking area, for a total 5,720 square foot permit area. 2. Staffing/Employees: The applicants do not intend to hire employees. 3. Hours of Operation: According to the applicants, visits will be conducted by appointment between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Saturday appointments will occasionally be scheduled, to accommodate those unable to schedule during weekday business hours. 4. Clients: The applicants anticipate approximately 0-5 clients per day. 5. Construction Timetable: The applicants intend to complete the permitting process for the proposed home occupation by August of 2022. 6. Supportive Information: The applicants have submitted the attached in support of the request: (Planning Department Exhibit 1 — Special Permit Application received January 31, 2022 and Supplemental Information received February 18 and February 24, 2022). DESCRIPTION OF STATE & COUNTY PLANS 7. State Land Use District: Agricultural. 8. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Extensive Agricultural. 9. County Zoning: Agricultural - 3 acres (A-3a). 10. Puna Community Development Plan (PCDP): The PCDP was adopted by the Hawaii County Council, Ordinance 08 116, on September 10, 2008. The subject property is not located within or near any village center. 11. Special Management Area (SMA): The subject parcel is not located within the SMA and is situated approximately eight(8) miles from the nearest coastline. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 12. Subject Property: The subject three (3)-acre property is rectangular shaped with rolling topography and is developed with a 688 square foot, single-single story dwelling, currently under construction, a utility shed and a water catchment tank. The proposed special permit area consists of approximately 5,720 square feet, including driveway, proposed client parking, and a 68.8-square foot portion of the existing 688-square foot dwelling proposed for the massage therapy office. The remainder of the property is currently used for agricultural purposes, including fruit trees, nut trees and vegetable gardens. 13. Surrounding Land Uses/Zoning: Surrounding properties are zoned A-3a and most are also three (3) acres in size. Surrounding land uses are primarily agricultural and residential, with some vacant, undeveloped parcels. The nearest dwelling is located approximately 100 feet to the northwest of the subject property on TMK (3)1-6-045:008. 14. Flood Insurance Rate Map (FIRM): The property is located within Zone "X," an area determined by FEMA to be an area of minimal flood hazard. 15. USDA Soil Survey Report: Soils on the parcel are classified as `Keaukaha' Series, described as highly decomposed plant material with 2 to 10 percent slopes; it is well drained with a high runoff. 2 16. Land Study Bureau's Overall Productivity Rating: "E" or"Very Poor". 17. Agricultural Lands of Importance to the State of Hawaii (ALISH): Unclassified. 18. Flora/Fauna Resources: No formal flora/fauna study has been conducted on the subject property or permit area. According to the Applicants, the property has existing `Ohia trees and has been cultivated with kukui, hapu`u, ti, clumping bamboo, fruit and nut trees and other ornamental plants to create privacy landscaping screens. Other species present are costers curse,pilau maile, strawberry guava and other invasives. The applicants are also making efforts to reintroduce native flora species, as some existing flora has been affected by Rapid `Ohia Death and the Australian big horned beetle. Fauna species present on the subject property include cardinals, finches, `Io, doves, Pueo, hwamei, majuro, Kolea, mynah birds, bats, mongoose, skinks, toads, chameleons, geckos, coquis, butterflies, and honeybees tended by the applicants. Additionally, feral pigs are occasionally present on the subject property. According to the Department of Land and Natural Resources Division of Forestry and Wildlife (DOFAW), the `Io may occur in the project vicinity and their nests might be present during the breeding season from March to September. DOFAW also reported that Hawaiian Hoary Bat or `Ope`ape`a could potentially occur in the vicinity of the property and may roost in nearby trees. Bat birthing and pup rearing season spans from June 1 st through September 15th. Finally, DOFAW reported that state-listed waterbirds such as the Hawaiian Duck, Hawaiian Stilt, Hawaiian Coot and Hawaiian Goose or Nene have the potential to occur in the vicinity of the proposed project site. DOFAW provided guidance on measures to avoid and minimize impacts to the listed species, in addition to guidance on avoiding the spread of invasive species and pathogens. Since the property has previously been cleared and developed with a dwelling and driveway, the applicants do not believe that rare or endangered floral or faunal resources are likely to be found within the subject parcel. 19. Archaeological/Cultural/Historical Resources: According to the applicant, no formal archaeological studies have been done on the subject property. There are no known historic sites on the property as listed on the State or National Register of Historic Places. A request for review of the application was sent to State Historic Preservation Division (SHPD) as a part of this application process. As of the date of this writing the Planning 3 Department has not received a response from SHPD. There are no known valued cultural, historical, or natural resources exist on the property and no evidence of traditional and customary Native Hawaiian rights being practiced on the site. 20. Public Access: There is no known public access to the mountains or the shoreline that runs through the property. PUBLIC SERVICES AND FACILITIES 21. Access: Access to the subject parcel is proposed to come from Road 8, or Moho Road, a private roadway consisting of a two-lane dirt/graveled surface within a 40-foot wide right-of-way. Access roads in the neighborhood are paved up to Road 8 and Road F intersection. The applicants' property is accessed via a gravel driveway from Moho Road to proposed parking stalls adjacent to the existing dwelling, approximately 350 feet back from the property frontage at Moho Road. No improvements are proposed for Moho Road. According to the applicants, Moho Road is maintained by surrounding property owners and the condition of the road varies, depending on rain fall and vehicular driving patterns. 22. Traffic Impacts: The applicants anticipate approximately 0-5 clients per day, which would result in a maximum of five (5) additional cars per day to the property. Traffic in the surrounding neighborhood is generally low and made up primarily by residents of the area. 23. Water: According to the Department of Water Supply (DWS), the subject parcel is not within the service limits of their existing water system. The applicants propose to use rainwater catchment tanks to supply the needs of the home occupation and for fire suppression purposes. 24. Wastewater: The subject property is not currently serviced by the County sewer system. According to the applicants, wastewater will be disposed of via an individual wastewater system meeting the requirements of the State Department of Health (DOH). According to comments provided by DOH, the existing wastewater system is adequate to serve the proposed project. 25. Utilities: Electric and telephone services are available to the subject property. 26. Police, Fire and Medical Services: Police, Fire and Medical services are available 4 nearby in Pahoa. AGENCY COMMENTS 27. Department of Public Works, Engineering Division: (Planning Department Exhibit 2 —March 7, 2022 Memo) 28. Department of Water Supply: (Planning Department Exhibit 3 —March 17, 2022 Letter and April 22, 2022 Letter) 29. State Department of Health: (Planning Department Exhibit 4 —March 4, 2022 Memo) 30. Department of Land and Natural Resources —Division of Forestry and Wildlife: (Planning Department Exhibit 5—March 31, 2022 Memo) AGENCIES—NO COMMENT/CONCERN 31. Department of Land and Natural Resources —Land and Engineering Divisions, and Police Department. AGENCIES—NO RESPONSE 32. Department of Public Works- Building Division, Department of Environmental Management,Fire Department, State Land Use Commission, State Office of Planning, State Department of Agriculture, Real Property Tax, and Hawaiian Acres Community Association. APPLICANTS' RESPONSE TO AGENCY COMMENTS 33. Letter from Stephanie and Roy Bath to Department of Water Supply: (Planning Department Exhibit 6—April 9, 2022 Letter sent by email on April 12, 2022) PUBLIC COMMENTS 34. Letter from Karla Cepeda: (Planning Department Exhibit 7 —March 8, 2022 Email) 35. Letter from Eric Hubner: (Planning Department Exhibit 8 —March 27, 2022 Email) 36. Letter from Angela Esposito: (Planning Department Exhibit 9 —March 19, 2022 Email) 37. Letter from Karen Heinzen: (Planning Department Exhibit 10 —March 18, 2022 Email) 38. Letter from Nathan Holloway: (Planning Department Exhibit 11 —April 6, 2022 Email) 5 39. Letter from Patricia Hubner: (Planning Department Exhibit 12—March 19, 2022 Email) 40. Letter from Ernest and Holly Kelii: (Planning Department Exhibit 13—March 19, 2022 Email) 41. Letter from Nancy and Marvin Kitchen: (Planning Department Exhibit 14—March 14, 2022 Email) 42. Letter from Kim Kozuma: (Planning Department Exhibit 15 —March 10, 2022 Email) 43. Letter from Dennis McCartin: (Planning Department Exhibit 16—March 28, 2022 Email) 44. Letter from Piilani Erbe: (Planning Department Exhibit 17 —March 19, 2022 Email) 45. Letter from Teresa San Miguel: (Planning Department Exhibit 18—March 18, 2022 Email) 46. Letter from Rick and Christine Turpen: (Planning Department Exhibit 19—March 20, 2022 Letter) 47. Letter from Candace Walker: (Planning Department Exhibit 20—March 15, 2022 Letter) 48. Letter from Merrily Wolf: (Planning Department Exhibit 21 —March 23, 2022 Letter) 49. Letter from Tina Cawagas: (Planning Department Exhibit 22—April 25, 2022 Email) 50. Letter from Multiple Neighbors: (Planning Department Exhibit 23 —April 27, 2022 Letter) 51. Letter from Ka`anohiokala Pe`a: (Planning Department Exhibit 24 —April 28, 2022 Letter) 52. Letter from Beth Ananda-Stout: (Planning Department Exhibit 25 —May 2, 2022 Letter sent by Email on May 5, 2022) 53. Letter from Patricia Reiss: (Planning Department Exhibit 26—May 2, 2022 Email) 54. Letter from Mikaela Hanson: (Planning Department Exhibit 27—May 7, 2022 Email) 6 55. Letter from Marlene Hapai: (Planning Department Exhibit 28—May 7, 2022 Email) 56. Letter from Marilyn Haymore: (Planning Department Exhibit 29—May 6, 2022 Email) 57. Letter from Philip Millett: (Planning Department Exhibit 30 —May 8, 2022 Email) 58. Letter from Danny and Burna O'Toole: (Planning Department Exhibit 31 —May 8, 2022 Email) 59. Letter from Michelle Maliniak: (Planning Department Exhibit 32—May 10, 2022 Email) 60. Letter from Katrina French: (Planning Department Exhibit 33 —May 12, 2022 Email) 61. Letter from Amy Okura: (Planning Department Exhibit 34 —May 12, 2022 Email) 62. Letter from Mari Parker: (Planning Department Exhibit 35 —March 18, 2022 Email) 63. Letter from Ralph and Ellisia San Miguel: (Planning Department Exhibit 36— March 18, 2022 Email) 64. Letter from Samuel Erbe: (Planning Department Exhibit 37—March 19, 2022 Email) APPLICANTS' RESPONSE TO PUBLIC TESTIMONY 65. Letter from Stephanie Bath in response to Letter from Kim Kozuma: (Planning Department Exhibit 38—May 6, 2022 Letter) 7 County of Hawaii Department of Planning Parcel 3-1-6-045-007-0000 Applicants Roy and Stephanie Bath 3A. Detailed description of the proposed use, objectives and reasons for request; hours of operation and number of employees and clientele The petitioners are requesting a portion of the permitted dwelling be used as a home occupancy office for a massage therapy establishment (MAE). The residence floor plan consists of two bedrooms, bathroom, living room, kitchen and covered lanai. It is single story. One bedroom will be converted to the office space.Rehabilitative and stress release massage therapy will be offered. Quality health care services are lacking in our Puna community. The petitioners are enthusiastic about providing a location that will serve our underserved and growing population. Clinics and physicians have contacted the petitioner wanting to refer patients for treatments. They have been assured that as soon as a special use permit is granted services will be available to assist them in supporting patients. Issuance of this permit will allow for this level of service to our own under served community. Since the initial submission of the petitioners application, the corona virus pandemic has impacted many in some adverse. Folks are wanting to get health care services away from larger populated clinics.The proposed location will support this want and also decrease communities travel time to appointments. The locations rural environment lends itself to wellness and stress release as compared to the hustle and bustle of town. Available parking will be found with ease and footsteps from client/ patients destination. Proposed use-home occupancy office for massage therapy Hours of operation Monday-Friday 08-00-17.00 By appointment only. Saturday appointments as needed. Closed Sundays. There will be some flexibility to accommodate those unable to schedule during normal business hours. Clientele expectation:0-5 clients per day. This number will fluctuate based on community need and potential future delivery of services. Practice caters to kama'aina. Employees-none. There are no administrative employees. Petitioner has taken care of administrative duties since 1982. Planning Dep;. Exhibit 1 County of Hawaii Department of Planning Parcel 3-1-6-045-007-0000 Applicants Roy and Stephanie Bath 3B.Description of the subject property/location: Existing uses, structures and topography: use of remainder of the property not covered under special use permit. Parcel 3-1-6-045-007-000 is located on Moho Road (8 road) between F. and G roads in Hawaiian Acres, on the boundary shared by Kurtistown and Mountain View. All Hawaiian Acres roads are privately owned collectively by land owners.The parcel is accessible from highways 130 and 11 . The County of Hawaii entered into an easement agreement with a handful of lot owners in the early '90s creating a public easement through Hawaiian Acres from Ainaloa Blvd to Highway 11 . To access the parcel from highway 130 go to the top of Ainaloa Blvd. Turn right taking you onto Koala Maoli (9 road) a private paved road. Turning left on F road (Ale) proceed to Moho road (8 Rd.). Turn left. Travel approximately 1/3 mile on dirt/gravel road to pole 90 makai. The parcel may also be accessed from Highway 11 by turning onto South Kuali road. Turn right at the T. Proceed on Moho rd (8 Rd.) to F road (Ale). Pavement ends here. Proceed 1/3 mile to pole number 90. The parcel begins at this pole makai. The parcel is 3 acres. It is 150 feet wide and 871 feet deep. It has rolling topography. There is a bulldozed drive way, 28'x28' residence, utility shed and water catchment tank. Pallet bins are present containing decomposing green waste mulch. Propagation stock and privacy hedges have been planted in composted mulch. The mulch is a much appreciated resource!!! Mahalo Hawaii County! Fruit and nut trees continue to be integrated into the landscape using natural depressions and dozed perimeters as planting sites. Harvesting has begun. Lilikoi has been planted. Cassava and sweet potato have been introduced and harvested. Organic vegetable production has been successful. Organic fruit is also being harvested. Area for the proposed use of operation, including parking and driveway will be approximately 5720 sq feet. There will be 2 parking stalls. All parking is off street. 450 feet of driveway will be shared with agricultural/residential applications. The MAE will be housed in a converted bedroom of the permitted 28' X 28', 2 bedroom, one story residence. (currently under construction) Conversion of the bedroom will occur upon receiving the special permit. Petitioners understand that the permit is conditional on conversion specs in accordance with public works for home occupancy offices.The office will not exceed 10 percent of the total living area of the dwelling. Agricultural land use applications will remain active and unaffected County of Hawaii Department of Planning Parcel 3-1-6-045-007-0000 Applicants Roy and Stephanie Bath 3C State/ County plans affecting the subject requested Hawai'i County General Plan County Zoning Codes of the General plan deal with existing conditions and shorter range needs.Existing conditions and lacking level of services available in Hawaiian Acres and adjacent communities are evident. Hawai'i County General Plan 14.3.5 Courses ofAction(e) states, "Allow the establishment of small neighborhood commercial areas within existing nonconforming, residential-agricultural (rural) subdivisions." 14.2.3(u) Policies,"Encourage other compatible economic uses that compliment existing agricultural and pastoral activities." The use we are applying for is a harmonious and agreeable use coupled with the agricultural activities. Clients have the opportunity to see how Ag lands can be used without flat dozing and changing the natural terrain dramatically. Ag products such as organic vegetable and plants will be available on the parcel for sale to clients. 14.3 refers to how commercial development is influenced by the number of both resident and transient populations and their income, mobility, and lifestyles. It is also affected by the availability and costs of transportation. Lacking services will be introduced supporting community lifestyle wants. The MAE will be low profile. This compliments community wants to preserve the character of neighborhoods as rural/Ag. The proposed use will provide opportunity for employment. Lack of viable mass transportation to Puna district subdivisions presents a real challenge. It is hopeful the future will bring delivery of mass transit to these areas. With the resources at hand the County has been unable to provide for transportation needs to our community. Issuance of the permit to this location will assist in the implementation of: 14.3.2 Goals (a) Provide for commercial developments for maximum convenience to users. (b) Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities.... and 14.3.3(c) Distribution of commercial areas shall meet the demands of neighborhood, community ...... County of Hawaii Department of Planning Parcel 3-1-6-045-007-0000 Applicants Roy and Stephanie Bath 3C State/ County plans affecting the subject requested Hawai'i County General Plan(continued) Puna Community Development Plan adopted by ordinance 2008 PCDP theme Transportation focuses on sustainable approaches to transportation to support Malama I Ka `Aina and growth management. The goals, objectives and implementing actions under these themes address mass transit and alternative travel modes, travel demand management and roadway connectivity and safety. In our community there are few options other than driving to "town" to get services. As noted in our PCDP 1 .2, "Because subdivision lots were sold in their undeveloped state rather than with dwellings, development has occurred in an uneven, "leap-frog" pattern, which makes it even more difficult to develop infrastructure and provide services to the population. Residents often must make long trips to employment, schools, shopping and other destinations to meet daily needs." (1) The PCDP sites reasons how issuance of this permit will benefit our under served community. (2) The PCDP theme of Growth Management addresses how the future pattern of human settlement and land use should be shaped to respect that context and support the desired quality of life for Puna's residents. The goals, objectives and implementing actions under this theme address the land use pattern, agricultural and economic development; public services, social services and housing; parks and recreation and renewable energy and energy efficiency. (3) During the PCDP process little input was given by the Hawaiian Acres community relating to village centers in the subdivision. For this reason delivery of services within this large area were not specifically addressed. Mountain View and Kurtistown have been identified as village centers. These two areas provide few, if any, commercial office spaces for business such as an MAE. Hawaiian Acres community has no plan to create a business center, nor has the community supported this. PCDP 3.1 .3, f, Action states-"Require County agencies to establish Level of Service standards for County infrastructure and services and report periodically on the degree to which these standards are being met in Puna and proposed steps towards meeting those standards, if they are not being achieved." County of Hawaii Department of Planning Parcel 3-1-6-045-007-0000 Applicants Roy and Stephanie Bath 3C State/ County plans affecting the subject requested Hawai'i County General Plan( continued) State of Hawai'i 2050 Sustainability Plan Hawaii 2050 sustainability plan Goal # 4 states: Quality of life encompasses safe, caring, and engaged communities; healthy, sustainable surroundings; quality job opportunities for present and future generations; access to quality education, housing and health care...." and, "With Hawai'i 2050, we have a unique opportunity to identify the kind of society we want — where people live with dignity and respect, and the basic requirements of food, shelter, health care, safety and education are not only met but are exceeded." The Hawaii 2050 sustainability plan strategies also include reduction of fossil fuel use(page 47) Issuance of this special permit is taking one step in the delivery of level of service by collaborating with small business and supporting the economy. Residents in adjacent subdivisions can also take advantage of the service, as the County has already provided a connectivity easement for them. This easement comes about 1/3 mile from the proposed site as does the Hele-on bus. County of Hawai'i Department of Planning Parcel 3-1-6-045-007-0000 Applicants Roy and Stephanie Bath 3D Surrounding zoning and land use Ag 3 use designation. Parcel to the back is vacant. Parcel to the right is currently vacant. Parcel to the left is being used as a residence .Other parcels in the area are either vacant or being used forAg and/or residential purposes. 3E Flood Insurance Rate Map (FIRM) The flood zone designation is X. 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Vntr FEMA a PnF**wV l)Fftk[Ia11 OMNOW,pW County Fes, ,,.air _urdNere IIFFt@ FEAIA°F 9lWrrMWM arMralM Flood 11 rlpwr mope m not 1le"Emw mom*am wwwY bAod to MOON, Imm�anpe Raft kwe ad Flood IFN omp$lady for Perllo+rlM wan le 0 dreWnae amFew d enMN rue,Ir eA Plmam.lrc Haw.+,Cwu we adrA�a1 aarw PlulMlwb DaMIMa h hww soft wrr. nen F k.MA"o""Minery C1FIlaif and daa MtlrIW41P! ai 6FYIA.1100 yew Aawdl WWlk10a Zwm A.A1.Abb.AR,All,AP.w.m u VE apvraPnole. The {tFn6 mM1 FaWlaWad aI pia roar lM ',mN LMId M1d tlraal 3) Wt*waft In pFWa may Pe pWMWd by Ord annbd WJCWPM Roo 11M I Ilfltttl!>ri. lay,NawMF �d Fker•i r r pod ppgwWYy yewYrrd tWpNyr "�+11aW �rron 3F Archaeological Resources DLNR preservation has indicated to me that they do not issue "no effect" letters, nor do they work directly with private land owners. This application has been filed in the interest of time taking information given me by DLNR. A driveway and house pad has been created. All of the grubbing and grading done to create the residence and promote our agricultural usage of the parcel did not require a "no effect letter." For the record, we have found no evidence of archaeological inventory. Issuance of this special permit will not impact archaeological or historic preservation. County of Hawaii Department of Planning Parcel 3-1-6-045-007-0000 Applicants Roy and Stephanie Bath 3G Floral and faunal resources Illegal overgrazing and bulldozing prior to our acquisition of the parcel introduced numerous invasives and impacted the ohia. The parcel was once home to ohia, hapu'u, pili grass and uluhei. Many ohia have perished. Rapid ohia death has taken more. (Thankfully some of the ohia previously thought to be lost are now sprouting new growth. We are hopeful this trend will continue.) Kukui(Aleurites moluccan us),hap u'u(Cibotium splendens),ti(Cordyline minalis), clumping bamboos, fruit trees, and a variety of other ornamentals have been introduced to create privacy screens masking undesirable views of adjacent parcels. These planting are being used as plant propagation stock for nursery operations.Reintroduction of native species is occurring. Recently the Australian big horned beetle has arriving impacting on site kukui. Jordan Zanders, Forest Entomology technician, UHH Hilo has visited the parcel, done a damage assessment, and advised us on mitigating this invasive creatures impact. One of the most massive ongoing tasks underway has been the manual removal of Costers curse (Clidemia hirta), pilau maile(Paederia foetida) and other aggressive invasives. At this time we are allowing some of the mature strawberry guava (Psidium cattleianum) to remain as a food source, natural buffer and source of shade. We are keeping on top of new seedlings and removing them. Bum bai this species will be eliminated as other fruit trees and alternative plantings mature. Lawn areas have been created. There are cardinals, finches,`lo, doves, pueo, hwamei, majuro, Kolea, mynah birds, bats, snake worms, red wigglers and other earthworms, an occasional mongoose, skinks, toads, chameleons, geckos, coquis, butterflies, our own honeybees and other insects to numerous to mention. Little fire ants have been in the neighborhood for years. We are fortunate that they have not taken dramatic hold at our place. We keep on top of it. There have been active signs of bovine which are currently not present. There has been cyclical evidence of feral pigs. As mentioned more recently the Australian big horned beetle has arrived. County of Hawaii Department of Planning Parcel 3-1-6-045-007-0000 Applicants Roy and Stephanie Bath 3H Valued Cultural Resources There are no know practices or rights exercised on this parcel. 31. Public Access There are no access corridors to mountain or shoreline. Hawaiian Acres roads have been used by the public for decades. 3J Description of access to area including width, surface and condition of road. Parcel 3-1-6-045-007-000 frontage is 150 ft on privately owned road. All access is paved up to 8 and F. It then turns into a dirt/gravel road maintained by parcel owners. The condition of the road depends on rain fall and vehicular driving habits. For this reason driving slowly and mindfully is advisable. The roadway easement is 40' wide with utility poles on the makai side on the road. (See deed) 3K.Traffic impacts Business will be conducted by appointment only, the petitioners see little impact on the community by the proposed use. 3L. Availability of Utilities Power Electricity is available via-grid tie in or off the grid options. We are off the grid. Hot water is produced via a propane on damage hot water heater. Communications Telephone service is available via Iandlines or cell phone coverage. HAM radio use is also available for emergency communications. Applicants are both licensed operators.(NH7AN, WH6DA) Fiber optic cable is available on the roadway in front of the parcel. Sewage disposal Septic system. The leach field exceeds required specification for the structure. In speaking with DOH environmental branch, it was indicated that the current system would be sufficient for the special use application County of Hawaii Department of Planning Parcel 3-1-6-045-007-0000 Applicants Roy and Stephanie Bath 4A Promotion of Chapter 205 HRS/ Chapter 205A coastal management The granting of this request is not contrary to Chapter205/205A and will not impact coastal zone management, public access, scenic or open space resources, coastal view planes or coastal ecosystems. 4113 Adverse effect on surroundina property owners -None. 4C. Undo burden on public agencies None. The goals of our PCDP encourage communities to be self sustaining. Issuance of this special permit will assist in decreasing travel to Hilo, hours spent on travel time and use of excessive fossil fuels on public roadways by Puna residents tapping into the proposed services. Issuance of this permit has the potential of easing the burden on County/State roadways, as folks will be traveling shorter distances. Collaborating with small business in the delivery of this health care service will assist the County in meeting PCDP 3.1 .3,f. 4D Unusual conditions, trends and needs etc. Level of services available to Puna is sorely lacking. This small business will assist in meeting goals and objectives of the PCDP and other sited plans. We experienced the 2018 Kilauea eruption.Some effected, relocated to other areas in Puna. This shift has added to traffic Hilo bound on Highway 11 and 130. It has also increase the need for services in upper Puna. Issuance of this permit will assist in delivering a level of health care service lacking before the eruption and that of our steadily increasing population. Having these services within our community makes sense. County of Hawaii Department of Planning Parcel 3-1-6-045-007-0000 Applicants Roy and Stephanie Bath 4E Land use suitability The Ag 3 zoned lands of our community are showing consistent trends of use for residential purposes. These residents need services within their community. Petitioner can collaborate with referring physicians to support patients with health care services within her own communities. This low profile land use is suitable when paired with the circumstances and trends presenting themselves in Hawaiian Acres and adjoining subdivisions. Emphasis is placed on the fact that agricultural use of the parcel will not be impacted. 4F Proposed use impact on the essential character of the land and present use None.All to frequently, malahinis arrive to our community bringing in a dozer and flattening the parcel and native ohia. Water drains onto roadways and parcels at a lower elevation. Post Hurricane Lane (and after moderate/heavy rainfall) this has been all to apparent. County's' laws against this have little or no monitoring, or enforcement of violations. Our goal and plan has been to continue working with the natural terrain. The proposed use will enhance the character of the land and its present use. It has and will continue to model to our community how a parcel can be developed and used for multipurpose while still preserving its Ag /rural character and spirit. It will educate. 4G Proposed use and its alignment with County and State plans including the PCDP The petitioners have sited references from Hawai'i County General plan, Puna Community Development Plan and is in alignment with elements of Hawaii 2050 sustainability plan. Each document has elements that positively support the granting of our request. Hawai'i County continues to feel the stress of various disasters. The most recent stress is COVID-19. As people are counseled to avoid crowds, I reflect on how the timing of this MAE within our community is providing a level of service (PCDP 3.1.3.,f) to a small population. Availability of this health care location is an ideal place away from multi therapist clinics, where there are higher levels of contagions. This element of the MAE reinforces enhanced principles of health and safety for our community during the pandemic and generally.The proposed MAE will be using the naturally occurring trades to provide a cleansing breeze to ventilate the treatment area. 4H Proposed use alignment with objectives sought by land use law and regulations, etc There is no anticipated negative impact of the requested use on the parcel land use. The goal of using the parcel for agricultural use, including native plant propagation and preservation is consistent for our ag district. Allowance of this special use will support the promotion of community health, safety and self reliance. In conclusion the petitioners reiterate that only a small portion of the property will be used for the proposed use. The remainder will be used for agricultural/residential purposes. Once again, we are enthusiastic about providing these health care services to our swiftly growing community. Mahalo for your time and consideration. Provide a description of how the subject property is presently being used. What specific uses currently exist on the property? Is there anybody residing on the subject property at this time? Currently the subject parcel is being used in the following ways: 1. Invasive species continue to be removed. 2. Ornamental and edible planting are being created for food security and agricultural sales. 3. Pallets bins have been erected and house decomposing mulch creating soil. This soil is used for tree planting and nursery propagation stock. 4. Organic fruit is being harvested as are kalo and other vegetables from pallet bins.(Currently the primary vegetable garden is fallow.) Planting will resume in summer after efforts on construction are pau. 5.Construction is underway for the residence. (EPIC doldrum)This has been the focus other that ag applications. 6. Application is in process for a micro grant for food security with Hawaii Department of Agriculture. I was informed I am on the short list of grantees. If I am not chosen this round they encouraged me to reapply. 7.No one is currently residing on the parcel. We have had some vandalism to the parcel which has been reported to the police. Someone occasionally stays on site for security during this time to do surveillance. Other than that no one resides there. Please clarify whether the massage treatment business is currently in operation, or whether this will be a new business? Seven years ago I was hit by, then run over by a truck. I was required to close my massage therapy establishment practice opened in 1982. My massage therapy license has remained active. The healing process I under went took time. About 2 years ago I began doing very limited outcall massage therapy. The coronavirus hit. My practice is limited to a select handful of outcalls (home health) for previously established clients. It is anticipated that I will resume my on site MAE practice when the special permit is granted, by referral only, until this COVID situation has stabilized. Yes this is a massage therapy practice established in 1982. It is currently a mobile service. Provide a projected timeline for completing the permitting process for the existing_ structure. Please include a timeline for completing the existing, open building permit, as well as a timeline for completing the alteration building permit to convert to home occupation use. Be sure to account for construction time to make necessary alterations to meet building code requirements for the proposed business use. COVID supply chain delays and the EPIC system have created delays in construction completion. Additionally we had a long waiting period for our architect make the adjustments needed for the plans to meet home occupancy specifications. We have reduced a bedroom with hope that we will get a special use permit. Projected time line takes into consideration the epic delays in EPIC. :) Time line 1. Electrical rough in signed off by March 1, 2022(pending EPIC backlog) 2. Framing rough in signed off by March 5 2022 (pending EPIC backlog) 3. Alterations have been revised and framing is ready for rough in inspection. 4. April 2022 -drywall installed. (drywall on site) 5. May 2022- electrical fixtures installed (pending supply chain issues) - plumbing fixtures installed ( fixtures on site) 6. June painting finishing 7.July cabinets installs, doors hung (doors on site) 8. August 2022 final inspection. 9. ADA sidewalks will be poured and parking stalls marked prior to home occupancy use. Hoped for best case time line 1. Electrical rough in signed off by March 1, 2022 2. Framing rough in signed off by March 4, 2022 3. March 2022 -drywall installed. (drywall on site) 5. Apri12022- electrical fixtures installed (pending supply chain issues) - plumbing fixtures installed ( fixtures on site) 6. May painting finishing 7. May cabinets installed, doors hung (doors on site) 8. May-June 2022 final inspection. 9. ADA sidewalks will be poured and parking stalls marked prior to home occupancy use. Return ) 'eif'nrt-hi + tax 4-F- T 4E Tzax?&p Ivey No.: 31 I-6-045-007 WARRANTY DR, THIS WARRANTY DEED is dated sT=-�"a 4 Z9, U—rs ' MTA ANNE COYLE, unmarried, of Kailua„ Hawaii, hereinafter called the "Grantor", in consideration of the sum of Ten Dollars ($10.40) and other good and valuable consideration to the Grantor paid by STEPHANIE BATH and ROY DANIEL BATH,wife and husband,whose address is P.O.Box 457, Kcaau, Hawaii 96749,hereinafter called the "Grantee", the receipt'of which is acknowledged, greats and conveys unto the Grantee,as tenants by the entirety,their assigns,and the survivor of the Grantee and her or his heirs,devisees, personal representatives,and assigns,the property described in the attached Exhibit"A",hereinafter called the"property" AND the reversions, remainders, tents, issues and profits and all of the estate, right, title and interest of the Grantor. both at Iaw and in equity,in and to the property. TO HAVE AND TO HOED the property, including the improvements thereon, and all rights, casements, privileges and appurtenances belonging or appertaining to or held and enjoyed with the property, unto the Grantee according to the tenancy set forth herein,forever. l F'=hihit"A" The land referred to is situated in the State of Hawaii,and described as follows-. nll tl;at certain parcel of land situate at Keaza� Distncx of Puma.Island tad�Of FIE- i,Site of Hawaii,described as follows:. Lot 5082, area 3.00 ages, more ar less, as sho--Nm on `daps 49, filed ;n the office of ttaeA-istant Registrar of the Land Court of the State of Hawaii with Land Court App:i con No. 1053( of w. H. Shipman,Limited. TOGETHER WITH an undivided II3944th kiter=in Lot 6213,Toodway,area 352 017 sra=s a or r_ Jess, to be used in common with Others entitled thereto for read sway=idxilrty 7 0*t as shown on said Map 49 of Application No_ 1053(atrended). ,Being all the property described in DEED recorded June 2:. 1974 r. t.v- OEice Mr � =, s-J r �_ Registrar of the Land Court, State of Hawaii, as Domanetat No. 6863 i 8, to RITA ANN 2.RCMRO, _ unmarried,and MA.RY MILDRED GOYLE,wife of.l*hm laseph C0yK as Joint Tomas- Being the property described in and covered,by Transfer Certi5cate of-rdleNo.169,163. Note: Land Court CJrder'do. I ' S ,disclosing the f5llowin9- 1. The name correction ofRita Ann Arciero to Rita A4ne Arciem- 2. The marriage of Melvin Charles Beeck, Jr-, also known as?'v!f.C buries H.e--�c,i-are+tits ArIm A.rciero, also known as Rita A.Arciew,now known as Rita Anne Beech,on jan=v S, 1.9ssi,SI Honolulu,Hawaii. 3 The divorce of Melvin Charles Beeck,Jr_also known as Melvin, C `=cs BV--k Rita Beeck,who shall be known hereafter as Rita Anne Coyle,on 0etober 29. 198"'at H0E*!uIU, Hawaii. 4. The death of Mary Mildred Coyle,on L)e=ber 26,2001,ai Hanolui 1,Hsua:. Subject to the fallowing: AS to the undivided 11�944th int :t;n Lot 6' (A.) Rights Bothers who may our-: cc�N�d� : ,_tti 0 0 D r° za' D 14' 1-0 '-5 3/4" 2- - D ne N N Roof Ab, ❑ W BW 4 ❑ _r o W G li W I W o W I U ❑li W �l II G Q o r ° i❑ o 1 sQ 9 r A < O III BW35 X _ 0 awes � O o m T-4 5/B' r I 4 o o , O Ie� 4 � I 3 1/ _ 4' 1' 3—103�4 B,_3Y4�4 N£ 2a' £ 0 O Proposed Residence fore Bath, RoyDaniel & Bath Stephanie �urF N P RI6 YNRRW%FPEPaRFO6VME TMK' 1-6-045' 007 EEss aR uxoEx Mrs .6wslox ervp i LOR6fR11LTON OF iH15 PROJFC� More Rd Hawall, Hawallan Acres Sub Div, "Rtl""`T vnu.FuxceRMr s Rvenpn. 3 A c, +wA„Ms Expires:4-30-2022 30- Q � �o. _0 �a oh oQ W� x 30 0 0 x X D o O =7 D DDDD T Z7 oox71 n J s n s o _ II n o0 o - � Q 0 o o O 0 3 T Z w O Proposed Residence Por: Bath, Roy Daniel & Bath Stephanie OF IRI tl(BIKPBBPIAI-O Mor 1-6-045 007 � OBBxBEBM4 OP•BP1 P00ECT ♦ WNBiBUGildl f THIS PROJECT More Rd Hawall, Hawaiian Acres Sub Dlv, vnu BE uxBEBw xvenox 3 Ac. y�W.111 U9� Expires:4-30-2022 r et co O r C7 I f� f I / / f R 4 f i n r � L_ry _ 't m HI "41 poo 9�AVH _ 3 iv o L 90 LsH V a Leh 0Ri ti �y 3 1 6 es r� �u0 N C'7 r r ri Rj##r �s A � r��� �''{fps I �sJ d 16 L - Stephanie Bath J anUar y. 312022 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: March 7, 2022 ftewoft"464W TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division r- SUBJECT: SPECIAL PERMIT APPLICATION (PL-SPP 2022-000010) Applicant: Roy Bath and Stephanie Bath Request: To Allow a Home Occupation for a Massage Therapy Establishment TMK: 1-6-045.007 We have reviewed the subject application forwarded by your memo dated March 2, 2022, and provide the following comments: 1 . All earthwork activity, including grading, grubbing, and stockpiling, shall conform to Chapter 10, Erosion and Sedimentary Control, of the Hawaii County Code. 2. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage plan may be required by the Plan Approval process in accordance with Section 25-2-72(3) of the Hawaii County Code. 3. The subject parcel is in an area designated as Flood Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. Questions may be referred to Bryce Harada at 961-8042. Planning Dep', Exhibit 2 County of Hawaii is an Equal Opportunity Provider and Employer c�q� 9 49 DEPARTMENT OF WATER SUPPLY - COUNTY QF HAWAVI 345 KEKUANAQ`A STREET, SUITE 20 • HILO, HAWA11 96720 °F rrnwAn' TELEPHONE(808) 961-8050 • FAX (808) 961-8657 April 22,2022 CGH PLANNING €KEPT APR 25 2022 RH2'25 Mr. Roy Bath REC'D HAND DELIVERED P.Q. Box 457 Kea`au, HI 96749 Dear Mr. Bath: Subject: Special Permit Application (SPP 2022-000010) Applicant—Roy Bath and Stephanie Bath Request—To Allow a Home Occupation for a Massage Therapy Establishment Tax.Map Key 1-6-045:007 This is in response to your letter dated April 9, 2022. The Department acknowledges and have no objection to the use of a private rainwater catchment system to provide water service. However, we cannot approve or comment as the adequacy of those systems do not meet the requirements of the Department's Water System Standards. We recommend that the you consult the County of Hawaii, Planning Department, County of Hawaii, Department of Public Works,and/or the State of Hawaii, Department of Health to determine any other guidelines,recommendations, or regulations regarding the use of rainwater catchment systems and/or private wells, Should there be any questions,please contact Mr. Troy Samura of our Water Resources and Planning Branch at(808) 961-8070,extension 255. Sincerely yours, Keith K. Okamoto, P.E. Manager-Chief Engineer TS:dfg copy—Planning Department Planning Dap;. . . . Water, Our Wost Precious 4?Ssourre. . . Tjp Wait one. . . Exhibit 3 Tha Department of Water Supply is an Equal Opportunity provider and employer. oq oma wATee c. r� iai ire DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAVI o 'YoxHnw 345 KEKC ANA6'ASTREET, SUITE 20 HILO, HAWAI'I 96720 TELEPHONE (808)961-8050 • FAX(808)961-8657 March 17, 2022 COH PLANNING DEPT MAR 18 2022 pm2:56 REC'D HAND DELIVERED TO: Mr. Zendo Kern, Director Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Special Permit Application (SPP 2022-000010) Applicant—Roy Bath and Stephanie Bath Request—To Allow a Horne Occupation for a Massage Therapy Establishment Tax Map Key 1-6-045:007 We have reviewed the subject application and have the following comments and conditions. Please be informed that the subject property is not within the service limits of the Department's existing water system facilities. Therefore, the Department's existing water system facilities cannot support the proposed development at this time. Extensive improvements and additions, which may include, but not be limited to source, storage, booster pumps, transmission, and distribution facilities, would be required. Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at (808) 961-8070, extension 255. Sincerely yours, W"V* Keith K. Okamoto. P.E. Manager-Chief Engineer TS:dfg copy — Mr. Roy Bath and Ms. Stephanie Bath Planning Dept. Water, Our Most ftecious&source. . . � Wai.,4 tine. . . Exhibit 3 The Department of Water Supply is an Equal Opportunity provider and employer. DAVID Y.IGE o F„ ELIZABETH A.CHAR,M.D. GOVERNOR OF HAWAII p �g es 9 y DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: March 4, 2022 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Special Permit Application (PL-SPP-2022-000010) Applicant: Roy Bath and Stephanie Bath Request: To Allow a Home Occupation for a Massage Therapy Establishment TMK: 1-6-045:007, Puna, Hawaii The existing wastewater system is adequate to serve the proposed project. Planning Dept. Exhibit 4 Mori, Ashley From: Nakamura, Darlene K <darlene.k.nakamura@hawaii.gov> Sent: Monday, April 11, 2022 9:50 AM To: Planning Internet Mail Cc: Terrago, Rubyrosa T Subject: Fw: Request for Comments - Roy & Stephanie Bath - Special Permit Application (PL- SPP-2022-000010) Attachments: Bath.add'I.signed.pdf, Bath.DOFAW Late Comments.pdf Hi Jessica, Attached are additional comments from the DLNR's Division of Forestry & Wildlife to the above-entitled subject matter. Please direct any concerns regarding the timeliness of the attached comments directly to staff at DOFAW copied herein. Thanks, Darlene From: Nakamura, Darlene K Sent:Thursday, March 31, 2022 4:55 PM To: planning@ hawaiicounty.gov<planning@hawaiicounty.gov> Subject: Request for Comments- Roy&Stephanie Bath -Special Permit Application (PL-SPP-2022-000010) Attached are comments from the Hawaii Department of Land and Natural Resources to the above-entitled subject project. Planning Dept. Exhibit 5 1 4 E p i.h,q SUZANNEE D.CASE DAVID Y.IGE �P.®�sss v CHAIRPERSON GOVERNOR OF HAWAII g:' BOARD OF LAND AND NATLRAL RESOURCES CO_OL1-IISSION ON WATER RESOURCE O NUNAGEN ENT Vaud and N of ar� r� n 0 STATE OF HAWAII 'State of HaWa` DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96809 Apr8, 2022 County of Hawaii Planning Department via email: Planning(ahawaiicounty.gov Attn: Ms. Jessica Andrews 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Ms. Andrews: SUBJECT: Special Permit Application (PL-SPP-2022-000010) — Request to Allow a Home Occupation for a Massage Therapy Establishment located at Hawaiian Acres, Puna, Island of Hawaii; TMK: (3) 1-6-045:007 on behalf of Roy & Stephanie Bath Thank you for the opportunity to review and comment on the subject matter. In addition to our previous comments dated March 31, 2022, enclosed are comments from the Division of Forestry & Wildlife on the subject matter. Should you have any questions, please feel free to contact Darlene Nakamura at (808) 587-0417 or email: darlene.k.nakamuraa-hawaii.gov. Thank you. Sincerely, Russell Tsuji Russell Y. Tsuji Land Administrator Enclosures cc: Central Files Cs a ,yp SUZANNE D.CASE D"IDY.IGE ,.,� �sss k� cxADzrERsoN GOVERNOR OF HAWAII % BOARD OF LAND AND NATURAL RESOURCES CONEMSSLON ON WAIER RESOURCE MANAGEMENI of Vand and V C STATE OF HAWAII tete o aWaP DEPARTMENT OF LAND AND NATURAL RESOURCES Sf H LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96809 Mar 3, 2022 MEMORANDUM TO: DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating & Ocean Recreation X Engineering Division (D R,E GR _hawaii, ov) X Div. of Forestry & Wildlife (rubyrosa.t,terra o _hawaii, ov) _Div. of State Parks X Commission on Water Resource Management (D R,C R _hawL i v) _Office of Conservation & Coastal Lands X Land Division — Hawaii District ( ordon,c.heit _hawaii, ov) FROM: Russell Y. Tsuji, Land Ad ministratorRussa TsuJi SUBJECT: Special Permit Application (PL-SPP-2022-000010)— Request to Allow a Home Occupation for a Massage Therapy Establishment LOCATION: Hawaiian Acres, Puna, Island of Hawaii; TMK: (3) 1-6-045:007 APPLICANT: County of Hawaii on behalf of Roy & Stephanie Bath Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by March 31, 2022. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request, please contact Darlene Nakamura at darlene.k.nakamura@hawaii.gov. Thank you. BRIEF COMMENTS: ( ) We have no objections. ( ) We have no comments. ( ) We have no additional comments. (m ) Comments are included/attached. Signed: Print Name: DAVID G. SMITH, Administrator Division: Division of Forestry and Wildlife Date: Apr 7,2022 Attachments cc: Central Files SUZANNE D.CASE Q F N _ CHAIRPERSON DAVID Y.IGE '��'._.... � BOARD OF LAND AND NATURAL RESOURCES GOVERNOR OF HAWAII COMMISSION ON WATER RESOURCE MANAGEMENT I " } ., w o I .� • ROBFIR K. Y DA FIRST DEPUTY ' ' ,v✓,, `1j q a Ni KALEO MANTEL " 8 DEPUTY DIRECTOR-WATER NESOURC'ES "+ BOATINGAGANDOC OCEAN RECREATION BUREAU OF CON�TYANCES COMMISSION ON WATER RESOURCE MANAGEMENT STATE OF HAWAII CONSERVATION AND COASTAL LANDS mmo DEPARTMENT OF LAND AND NATURAL RESOURCES GGNSER A GN AND RESOURCES ENFORCEMENT ENGINEERING FORESTRY AND WILDLIFE DIVISION OF FORESTRY AND WILDLIFE HISTORICPRESERVATION 1151 PUNCHBOWL STREET,ROOM 325 KAHOOLAWE ISLAND RESERVE COMMISSION LAND HONOLULU,HAWAII 96813 STATE PARKS March 31, 2022 MEMORANDUM Log no.3561 TO: RUSSELL Y. TSUJI, Land Administrator Land Division FROM: DAVID G. SMITH, Administrator Division of Forestry and Wildlife SUBJECT: Division of Forestry and Wildlife Comments for the Special Permit Application (SPA) Requesting to Allow a Home Occupation for a Massage Therapy Establishment(MAE) on Hawaii Island The Department of Land and Natural Resources,Division of Forestry and Wildlife (DOFAW)has received your request for comments regarding the SPA (PL-SPP-2022-000010) where the petitioner is requesting a portion of the permitted dwelling be used as an occupancy office for a MAE located at Moho Road, Hawaiian Acres, Puna, on the island of Hawaii; TMK: (3) 1-6- 045:007. The proposed project consists of converting one bedroom into an office space where rehabilitative and stress massage therapy will be offered. The area for the proposed use of operation, including parking and driveway will be approximately 5,720 square feet. The State listed Hawaiian Hoary Bat or `Ope`ape`a(Lasiurus cinereus semotus) could potentially occur in the vicinity of the project area and may roost in nearby trees. Any required site clearing should be timed to avoid disturbance to bats during their birthing and pup rearing season (June 1 through September 15). During this period woody plants greater than 15 feet (4.6 meters) tall should not be disturbed,removed,or trimmed. Barbed wire should be avoided for any construction because bat mortalities have been documented as a result of becoming ensnared by this type of fencing during flight. Artificial lighting can adversely impact seabirds that may pass through the area at night by causing them to become disoriented. This disorientation can result in collision with manmade structures or grounding of birds.For nighttime work that mightbe required,DOFAW recommends that all lights used be fully shielded to minimize impacts. Nighttime work that requires outdoor lighting should be avoided during the seabird fledging season from September 15 through December 15. This is the period when young seabirds take their maiden voyage to the open sea. For illustrations and guidance related to seabird-friendly light styles that also protect the dark, starry skies of Hawaii please visit: https://dlnr.hawaii.gov/wildlife/files/2016/03/DOC432.pdf. State-listed waterbirds such as the Hawaiian Duck(Anal wyvilliana), Hawaiian Stilt(Himantopus mexicanus knudseni), Hawaiian Coot (Fulica alai), and Hawaiian Goose or Nene (Branta sandvicensis) have the potential to occur in the vicinity of the proposed project site. It is against State law to harm or harass these species. If any of these species are present during construction activities, then all activities within 100 feet (30 meters) should cease, and the bird should not be approached. Work may continue after the bird leaves the area of its own accord. If a nest is discovered at any point, please contact the Hawaii Island Branch DOFAW Office at (808) 974- 4221. The State listed Hawaiian Hawk or `Io (Buteo solitarius) may occur in the project vicinity. DOFAW recommends surveying the area to ensure no Hawaiian Hawk nests are present if trees are to be cut. `Io nests may be present during the breeding season from March to September. DOFAW recommends minimizing the movement of plant or soil material between worksites, such as in fill. Soil and plant material may contain invasive fungal pathogens(e.g.,Rapid`Ohi`a Death), vertebrate and invertebrate pests (e.g., Little Fire Ants, Coconut Rhinoceros Beetles), or invasive plant parts that could harm our native species and ecosystems. We recommend consulting the Big Island Invasive Species Committee (BIISC) at (808) 933-3340 in planning, design, and construction of the project to learn of any high-risk invasive species in the area and ways to mitigate spread. All equipment, materials, and personnel should be cleaned of excess soil and debris to minimize the risk of spreading invasive species. Gear that may contain soil, such as work boots and vehicles, should be thoroughly cleaned with water and sprayed with 70% alcohol solution to prevent the spread of Rapid `Ohi`a Death and other harmful fungal pathogens. To prevent the spread of Rapid `Ohi`a Death (ROD), if `ohi`a trees are present and will be removed, trimmed, or potentially injured DOFAW requests that the information and guidance at the following website be reviewed and followed: https:Hcros.ctahr.hawaii.edu/rod. DOFAW recommends using native plant species for landscaping that are appropriate for the area (i.e. climate conditions are suitable for the plants to thrive,historically occurred there,etc.). Please do not plant invasive species. DOFAW recommends consulting the Hawaii-Pacific Weed Risk Assessment website to determine the potential invasiveness of plants proposed for use in the project(https:Hsites. oho le.com/site/weedriskassessment/home). We recommend that you refer to www. lant op no.org for guidance on selection and evaluation for landscaping plants. We appreciate your efforts to work with our office for the conservation of our native species. Should the scope of the project change significantly, or should it become apparent that threatened or endangered species may be impacted, please contact our staff as soon as possible. If you have any questions, please contact Paul Radley, Protected Species Habitat Conservation Planning Coordinator at(808) 295-1123 or paul.m.radleyL&hawaii.gov. Sincerely, 00A DAVID G. SMITH Administrator Mori, Ashley From: Steph Bath <steph bath @gmail.com> Sent: Thursday, April 14, 2022 7:13 AM To: Planning Internet Mail Subject: Fwd: attention Zeno Kern SPP-2022-000010 (Bath home occupancy office) Attachments: SP422deptwatersupply.pdf ---------- Forwarded message--------- From: Steph Bath <steph bath @gmail.com> Date:Tue, Apr 12, 2022 at 7:26 PM Subject: Fwd: SPP-2022-000010(Bath home occupancy office) To: zendo.kern@hawaiicounty.org<zendo.kern@hawaiicounty.org> Zendo FYI Aloha Mr. Okamoto and Mr. Samura, Please see our response to you review of our special permit application. Mahalo. Roy and Stephanie Bath i Roy and Stephanie Bath P.O. Box 457 Kea'au, Hawaii 96749 (808) 933-1131 April 9, 2022 To: Keith K. Okamoto Manager-Chief Engineer Department of water Supply County of Hawai'i Subject: Special Permit application (SPP 2022-000010) Aloha Mr. Okamoto, Mahalo for taking the time to review our application and give comments. We understand that the existing water system facilities can not support the proposed project at this time. Our family lives to be as self reliant as we can. Through the use of tax dollars and service, those we elect or are appointed to serve, work together with community to deliver levels of services to our Island wide ohana in an equitable way. Priorities must be determined for the Island as a whole. We moved to Hawaiian Acres in 1981, we were well aware of the lack of infrastructure, including water. My involvement in community planning for over three decades has given me a heightened awareness of community expectations for the delivery for services. During the PCDP process there was discussion of a corridor running from Highway 130 up Orchidland Drive to upper Puna through the "substandard" subdivisions. This corridor would deliver water and an improved roadway. This possibility was not well received by community. Instead staggered "connectivity locations"(CL), were embraced. They will provide connectivity for emergency response on a daily basis. They will provide sites for various County agencies to overlay projects such as linear parks at some location, distribution sites when disaster strike and other basic much needed levels of service. Our PCDP was adopted by ordinance in 2008. There was no mention in our PCDP of the Department of Water Supply providing piped water in the vicinity of our project location in Hawaiian Acres. The cost to parcel owners to hook up to this infrastructure would be very costly. It is not uncommon for homes and farm operations to be hundreds of feet back on the parcels which are 871' deep. Taxes would need to go up as well. It would actually be more cost effective for each parcel to have its own reservoir. The cost of the delivery of this service would require extensive improvements and additions to the existing water department infrastructure. Our County has limited resources. We do NOT support the use of resources to develop a water system to Hawaiian Acres. Planning Dap;. Exhibit 6 Page 2 Subject: Special Permit application (SPP 2022-000010) We are requesting the special use permit for a low key massage therapy practice. The parcels focus is agricultural. We have no expectation that DOWS provide water for our agricultural applications. We don't expect them to provide piped water for this home occupancy office. The Department of Health indicated, in our planning stage for this project,that the septic system more than compensates for the proposed home occupancy. They indicated that even with washing of massage sheets, water drainage would likely be less than if the proposed office remained a bedroom. Consider this! Water use would be anticipated to be less than if the proposed office were used as a bedroom. We have plans to add an additional catchment tank on site for agricultural/fire mitigation use. This will happen as monetary resources and time are prioritized for this. There is a sequential order of things in our life. Rest assured, supporting our project will in no way obligate the Department of Water Supply to provide piped in water to our site. Mahalo for overseeing our most valued and treasured Island resource for our County. Water. Take Care, Stephanie Bath Roy Bath c.c: Zendo Kern, Director Planning Department Jessica Andrews- planner Mori, Ashley From: Steph Bath <steph bath @gmail.com> Sent: Saturday, March 19, 2022 1:36 PM To: WPCtestimony Subject: Support TMK 1-6-045-007-0000 Aloha here is an email of support from a parcel owner within the 500' notification xone ---------- Forwarded message--------- From: Karla Cepeda <bkmacl0@gmail.com> Date:Tue, Mar 8, 2022 at 8:24 PM Subject: Massage plans To: Steph Bath <steph bath @gmail.com> Hi Stephanie, I received your letter of notice about your plans to have a massage studio in your home. I wanted to wish you the best of luck with your plans. I hope everything goes smoothly. Aloha, Karla Planning Dept. Exhibit 7 Mori, Ashley From: Eric Hubner <hubner.eric@gmail.com> Sent: Sunday, March 27, 2022 8:05 AM To: WPCtestimony Cc: Steph Bath; Patricia Hubner Subject: Letter of Support for Stephanie Bath, Special Use Permit To: Zendo Kern-director Hawai'i county planning department 101 Pauahi Street Suite#3 Hilo, Hawaii 96720 For June 2022 Planning Commission meeting: Please grant Stephanie and Roy Bath a special use permit for their property so Stephanie Bath can legally practice massage therapy at their property on 8 road in Hawaiian Acres. I have known Stephanie and Roy for years.They are citizens of good character, assets to our community. Stephanie has been practicing in Hawaii County for a number of years. She is an experienced massage practitioner. Puna lacks many services. Heavy traffic, distance and lack of access to public transportation in some areas makes it difficult for many residents to access health care services in Hilo. Your granting of this special use permit for Stephanie and Roy Bath would allow Stephanie to participate in providing much needed health care services to a broader group of County of Hawai'i' residents in Puna. The proposed site in Hawaiian Acres on Road 8 is a beautiful, easily accessible, natural setting that provides a calm and healing treatment environment. Stephanie said the treatment room is well ventilated by trade winds. I have been to the property. It is a wonderful site. Stephanie mentioned that the proposed site is aligned with elements of the Hawai'i 2050 sustainability plan and Puna Community development plan and she mentioned that the special use permit will not effect the agricultural use of the parcel. I support the issuance of the special use permit to Stephanie and Roy Bath. Eric Hubner 18-2052 Ohia Nani Rd Mountain View, HI 96771 Planning Dept. 1 Exhibit 8 Mori, Ashley From: angela esposito <angespo99@gmail.com> Sent: Saturday, March 19, 2022 11:05 AM To: WPCtestimony Subject: Support for massage therapy special permit TMK# 1-6-045-007-0000 Zendo Kern-director. Hawai'i county planning department 101 Pauahi Street Suite #3 Hilo, Hawaii 96720 Aloha, March 19, 2022 This letter is in support for massage therapy special permit for TMK#1-6-045-007-0000. This is a service that is of much need in our community.There are many reasons in which I believe you should grant this permit. Many of the community are disabled and/or limited in other ways of accessing Hilo healthcare options and myself and many others have need for this service. Many cannot afford to commute to Hilo or other health facilities regularly.This area is severely lacking is these types of services and this can only improve this area and the quality of life of it's residents.The requesting provider is a long time member of the community and experienced practitioner. Many like myself feel comfortable at a location such as this which is the way massage locations should be; rural and relaxing without the traffic, stress, dust, and noise of crowded commercial town like areas. Please consider granting this permit. Our community will be better for it. Mahalo, Angela M. Esposito (Hawaiian Acres Resident) Angespo99@gmail.com P.O. Box 753 Kurtistown, HI 96760 (808)339-0210 Sent from my iPad Planning Dept. 1 Exhibit 9 Mori, Ashley From: Karen Heinzen <karenmheinzen@gmail.com> Sent: Friday, March 18, 2022 10:55 PM To: WPCtestimony Subject: Special permit TMK# 1-6-045-007-000 (Bath) To Whom It May Concern We strongly support the request of Roy and Stephanie Bath's wanting to have a special use permit. Such services will be a strength and support to the Puna area. This is one of the fastest growing areas on the island. We have noticed so many moving here, especially during Covid. Services as the Baths would like to provide, will be huge to the community. Not having to drive to Hilo and be able to have such needs filled within the community I feel is overdue. Reason for issuance of the permit: 1. Puna is growing at a fast pace. There are many services that are not easily available to residents in this large and growing community. Health care services are sorely lacking. With the granting of this special use permit for Roy and Stephanie Bath they would will be collaborate with the county to provide health care services to Puna. 2. Community folks can drive shorter distances for services reducing fossil fuel. With the cost of gas rising, this is a real benefit to have these services within the community 3. The proposed site supports the trends of clients getting away from larger more heavily populated clinical massage therapy locations. The sites rural nature allows clients to get away from the 'busyness' of the town. 4. The proposed site is aligned with elements of the Hawai'i 2050 sustainability plan S. I(Karen) have had massages from Stephanie and she is very good. She has been practicing in Hawaii County for 40 years and is very professional while being sensitive and aware of the clients needs Puna is growing. To have the opportunity for people to drive somewhere close to have needs met we feel should be encouraged. There is such a need for professional help and services. We ask that you please consider this request. Sincerely Don and Karen Heinzen Planning Dap;. Exhibit 10 Mori, Ashley From: Nathan Holloway <Nathanh3@yahoo.com> Sent: Wednesday, April 6, 2022 7:00 PM To: WPCtestimony Subject: Support for massage therapy special permit tmk#1-6-045-007-0000 (PL- SPP-2022-000010) To whom it may concern: We are registering our support for the issuance of the massage therapy special permit tmk#1-6-045-007-0000. We think that the proposed services are welcomed and greatly needed in the community. We also think the applicant is a knowledgeable and capable person who has lived in and supported the community for many years. Please grant this permit for the improvement of and access to health services in our community. Nathan Holloway Barbara Holloway 11-2816 Noe Kuahiwi Volca no,H l 96785 Planning Dept. 1 Exhibit 11 Mori, Ashley From: Patricia Hanson Hubner <hubner.patricia@gmail.com> Sent: Saturday, March 19, 2022 12:45 AM To: WPCtestimony Subject: Testimony re: Permit for Massage Therapy Practice for Stephanie Bath in Hawaiian Acres Dear Director Zendo Kern, I have known Stephanie Bath for 10 years and would highly recommend and encourage the Hawaii County Planning Department to approve a permit for her to be able to practice massage therapy at her home in Hawaiian Acres. I have been many times to Stephanie's home and it is well built, well ventilated and there is a peaceful feeling there. Stephanie has not only been a skilled massage therapist for 40 years but she is a leader in her profession for the state of Hawaii. Providing health options in Puna is important for the residents of Puna who may have limited transportation options and resources. Please feel free to contact me if you have questions and I hope your review board will grant Stephanie Bath the approval to provide needed health treatment at her residence. Kind regards, Patricia H Hubner 18-2052 'Ohia Nani Rd Mt View, HI 96771 808-365-3551 hubner.patricia@gmail.com Planning Dept. Exhibit 12 Mori, Ashley From: Braddah Ernie K <erniekelii@gmail.com> Sent: Saturday, March 19, 2022 9:30 AM To: WPCtestimony Subject: Support For Steph Bath 'MTS Permit' To Whom It May Concern, My Wife Holly & I support the issuance of the 'Massage Therapy Special Permit' to Steph Bath and that the services are welcomed and much needed throughout the community. Mahalo From, Ernest&Holly Kelii Planning Dept. Exhibit 13 1 Mori, Ashley From: Nancy Kitchen <nskitchen3@hotmail.com> Sent: Monday, March 14, 2022 11:11 AM To: Planning Internet Mail Subject: letter of support for Roy and Stephanie Bath The TMK is 1-6-045-007. 1 have received massage therapy from Mrs. Bath. It helped me a lot. It will be a blessing to our community to finally have services locally so we don't have to go to Hilo for everything. My husband and I are seniors and prefer to minimize driving especially with the gas prices going up. Thank you for giving this matter your support. Nancy and Marvin Kitchen. Planning Dept. i Exhibit 14 Mori, Ashley From: Kim Kozuma <kimkdvm719@gmail.com> Sent: Thursday, March 10, 2022 10:00 AM To: Planning Internet Mail Subject: Objection to Special Use Permit 1-16-045-009-0000 Aloha, Our family just got this notice March 9, stamped March 4, but a letter dated Feb. 2. We are also worried that due diligence may not have been done as some of the neighbors live on the mainland and the neighbors on the Hilo border of the proposed special use permit have NOT been notified as of March 10, 2022. We are extremely concerned these letters were deliberately sent out late, we only hope the time frame to object to this special use permit hasn't passed and our neighbors have time to voice their objections as well. We are objecting to this special use permit on agriculture lands for the following reasons: 1. This is NOT an approved agricultural business. 2. This portion of 8 road between F &G is in poor condition with huge holes, drainage problems, vegetation overgrowth and cannot handle the increased traffic. As it is, you can only drive 5 mph or risk severe front end damage to your vehicle, striking your oil pan, or losing a muffler. When it rains, the road floods and ponds. Any extra traffic due to this business will accelerate road deterioration by displacing gravel placed by homeowners to try to keep the road reasonably serviceable. Massage parlors are akin to beauty and nail salons with similar traffic patterns unlike agricultural livestock farms with occasional clients. 3. We are farmers Bath Farms & Puna Pigs and already get several complaints about roosters crowing, animal sounds and smells. This needs to continue to be protected by Hawaii's Right to Farm bill. I can only imagine someone expecting a soothing experience with aroma-therapy being annoyed at the pig farm next door, or the smell of intact male goats in rut. We also do feral pig removal services. After we remove the pigs they are shot and cleaned for home use only in our shop. This shop is in the direct view of the proposed business and front road. The last thing we need is for complaints by the public for doing what is approved for use in an agricultural area. We feed several family members that otherwise wouldn't be able to afford meat. Puna Pigs and Bath Farms have been in business at our location for 40 years. The clients this business will attract is NOT a good fit for the surrounding farms. It would be better to rent a space at the new Puna Kai as they have the infrastructure to deal with this kind of business and is better suited for the increased road usage. 4. We use livestock guardian dogs with our flock. We use appropriate signage and keep our dogs strictly on our property. That being said, people take the signage as an invitation to harass our animals, especially the dogs by yelling at them to "shut up", throw rocks at them etc. because they are doing their job. We only see this issue becoming worse. People sticking hands in our fence to "pet" the cute Iambs violates our biosecurity policy and it is too expensive to give up the border grazing areas or put in a double fence. Planning Dept'. 1 Exhibit 15 5. Our neighbor is autistic and moved to the country to get away from people. He is easily agitated due to his disability and we don't want any confrontations should he yell at any customers. He cannot help his condition and is hyper verbal. We keep an eye out for him along with his live-in caretaker and don't want him to get into any problems if a customer becomes offended and starts a shouting match. They are some of the best neighbors we have on the street. 6. The proposed business owners have a past history of harassing our farming businesses by calling the police for sheep clearing our inset fence line while IN our property. They complain about our roosters crowing, ducks walking around the property, and animals baaing, or mooing "excessively". These owners have tried to change our agricultural zoning designation during Harry Kim's reign and we fear allowing businesses like this lead to the eventual loss of our agricultural lands. This is a prime example of a WRONG FIT which can lead down the slippery slope towards rezoning. We don't want our pig farm to wind up like the Kulana slaughterhouse in the middle of a subdivision. Mahalo for your consideration. More objections will follow, several neighbors directly across and next to this lot are against this. Puna Pigs 16-2057 Moho (Please note this 6 acre lot is numbered as 16-2077 on their paperwork) Bath Farms 16-2047 Moho Chris Kratzke, Felix Garza 16-2051 Moho Gary&Jenny Browning- no physical addy, lot on puna boundary of special use permit parcel. 2 Mori, Ashley From: Dennis McCartin <dsmccar@earthlink.net> Sent: Monday, March 28, 2022 7:52 AM To: WPCtestimony Subject: WPCtestimony@hawaiicounty.gov March 28, 2022 Windward Planning Commission County of Hawaii RE: SPECIAL USE PERMIT REQUEST OF STEPHANIE BATH, TMK: 1-6-045-007-0000 Stephanie Bath is seeking a Special Use Permit for her massage therapy studio in lower Hawaiian Acres. I favorably support this request as there are few ancillary health care services within a reasonable driving distance in the district of Puna. It is about a 25-mile drive to the medical complexes near Hilo Medical Center. Given our location in Orchidland Estates, it is still a 10 to 11-mile drive to services in Pahoa town. Having access to this service within a more reasonable driving distance from our residence would be most welcome. I have lower back issues and have had to undergo extensive physical therapy in Pahoa. When my back is strained and it affects my mobility, massage therapy would be a preferred course of treatment to alleviate the tension and pain. The massage therapy studio special use permit requested by Stephanie Bath is a service I would benefit from without the longer time-consuming drives to Pahoa or Hilo. I therefore request your favorable consideration of this request by Stephanie Bath. Dennis McCartin HC2 Box 5669 16-661 Keaaa Street Keaau, Hawaii 96749 Sent from Mail for Windows Punning Dept. Exhibit 16 1 Mori, Ashley From: Piilani Erbe <erbeshimai@gmail.com> Sent: Saturday, March 19, 2022 10:08 PM To: WPCtestimony Subject: Planning department, Zendo Kern Aloha, I am Pi'ilani Erbe. I am a wide, mother, and resident of the Kurtistown for over 13 years. We have recently purchased property in the Hawaiian Acres Community and we're excited to help grow and support this fast expanding area. I feel that supporting Roy and Stephanie Bath is one of the ways we can help do this. I have known Roy and Stephanie Bath since we moved up here and have experienced the massage care that Stephanie offers. She helped me numerous times from prenatal care to postnatal care. She was professional, caring, and acutely aware of my needs.This is the type of service many in the Puna area need. I am in favor for her receiving a permit to legally practice massage therapy in her home. It's centrally located in puns, easy to get to, and her home offers a tranquil environment for maximum peace and comfort. Please consider issuing this permit to her. She is an asset and a strong pillar in the community. Mahalo, Pi'ilani Erbe Planning Drap . Exhibit 17 1 Mori, Ashley From: Mom San Miguel <mom.sanmiguel@gmail.com> Sent: Friday, March 18, 2022 1:19 PM To: WPCtestimony Subject: Testimony of support I'm a neighbor a few lots away from Roy and Stephanie Bath. I have no objection to their application to have a permitted massage business on their property. Please approve this application. Teresa San Miguel PO Box 987 16-2044 Moho rd Keaau, HI, 96749 Planning Dept. 1 Exhibit 18 March 20,2022 CAH PLANNING DEPT MAR 23 2022 Pm2:29 Zendo Kern REC'D BY MAIL 101 Pauahi Street Suite #3 Hilo, Hawaii 9Z20 Dear Mr. Kem, I am writing this letter of support for Stephanie and Roy Bath and their application for a special use permit. This permit would allow Stephanie to legally practice massage therapy out of their home on 8 Road in Hawaiian Acres. My husband, Rick Turpen, has known Stephanie and Roy for 38 years. Stephanie helped at both of his children's birth , giving comfort and relaxation methods to his wife as she delivered the children. This health care was extremely helpful in an area of Hawaii lacking in many health care services. The availability of rural health care in Puna is rare. Granting this permit would make access to needed health care for local people. It would make a trip for needed care, easy and accessible locally, rather than driving long distances into Hilo, saving much on the high cost of gas. My husband and I have benefitted from massage therapy from Stephanie. We support this application for a special permit and look forward to healing and relaxing in an environment that is naturally ventilated and free of negative energy. We need and support these health services in our community. Sincerely -r Rick and Christine Turpen Pt) Box 1165 Kurtistown, Hi 96760 16-2108 Opea'pea Rd honeygrandma626@gmail.com Planning Dept. Exhibit 19 GHH PLANNING DEPT Candace Walker MAR 212022 PH2'21. PO Box 5859 RECD BY MAIL Hilo, HI 96720 Home 808.965.1363—Cell 808.937.5204 March 15, 2022 Hawaii County Planning Department Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 Attention: 2endo Kern, Planning Director Regarding: Stephanie and Roy Bath —Special Use Permit TM K: 1-16-045-007-0000 Director Kern: As a client of Stephanie for well over 25 years I feel I can speak to you on how she has been a dependable and valuable resource for wellness for myself as well as my family. If her capacity for care would be made available in our community through the granting of a special use permit, so many others would be able to take advantage of a service that is so lacking in our community. In her capacity as a licensed massage therapist she has personally helped me heal from a back injury and helped my son with issues involving his hip. She suggested stretches that to this day still aid me with keeping things in check. Her calm and caring demeanor coupled with an intuitive kind of empathy makes it possible to connect with her in a way that positively promotes healing. I have lived in Puna for nearly my entire life. As a graduate of Pahoa School with roots going back to family in Kalapana and Pahoa itself, I have seen first-hand how the area has developed over the years. The infrastructure has not been able to keep pace with the population explosion we find ourselves in. Stephanie could be instrumental in assisting in the continued development of health care services in Puna. It is no secret that many of the patients that seek the assistance of Hilo Medical Center are from Puna and at one time each would have had to travel to Hilo for care. It's obvious that the hospital has recognized this need by opening several clinics in Puna. What all of this demonstrates is that there is a real need for health care in Puna and Stephanie would be a great help to many. Having Stephanie located in Puna instead of Hilo will eliminate the need for many to travel on the busiest parts of one of the deadliest highways on the island. As a resident of Pahoa, being Planning Dept. Exhibit 20 able to stop on the way home instead of having an appointment in Hilo and then stressfully engaging with back-to-back traffic - is to me, a much more beneficial way to fully enjoy my treatment. Stephanie is a valuable resource in our community and if granted her special use permit, she will be able to provide the same kind of healing to others that I have been so grateful to have received these many years past. I fully support the issuance of the permit as the services she would provide are welcomed and very much needed in our community. Please feel free to contact me if you have further questions. Thank you for your time. Sincerely, /7 CANDACE WALKER PO BOX 5859 Mc HILO, HI 96720 HONOLULU HI 967 16 MAR 2022PM 1 L dREVER ZENDO KERN, PLANNING DIRECTOR COH PLANNING DEPT HAWAII COUNTY PLANNING DEPARTMENT MAR 212022 PH2:21 AUPUNI CENTER 101 AUPUNI STREET, SUITE 3 HILO, HI 96720 :16720-424=:39 IIIiIIIii1J'!l]III i1IIII,+,IjilJjjllim'I'll liii.JI)Jj'llibj'I' DN PLANNING DEPT 23 March Z022 MAID 28 2022 PH2:08 RECD By MAIL 2endo Kern, Director Hawaii County Planning Department 101 Pauahi Street Suite#3 Hilo, HI 96720 Aloha a Mr. Kern, I am writing in support of the special use permit application of Stephanie and Roy Bath of Hawaiian Acres. The permit is intended to allow Stephanie to provide massage services on 8 Road at TMK 1-6-045-007- 0000. Stephanie has a passion for and a history of community service in Puna.She has been practicing massage for nearly 40 years in Hawaii County and currently serves on the state's Board of Massage Therapy. She has served with Red Cross and 00 Oefense and has actively participated in the Puna Community Development Plan. With this special use permit,she intends to serve the Puna cornrrwnity in yet another capacity. These are a few of the ways in which a massage therapy site in Hawaiian Acres would benefit Puna residents: • Puna residents are widely dispersed and must often travel to Hilo to access health services. This permit would provide a local option for people. • In addition to the time required to travel for health services, costs are increasing rapidly. Having services available in Puna reduces the fuel costs that residents must bear. Moreover, Stephanie's location is one-third mile from a public bus stop. • The proposed site is aligned with elements of the Hawai'i 2050 Sustainability Plan and Puna Community Development Plan. I urge you to approve this special use permit application. Sincer t,6 1*tA__ Merrily If 16-1831 Moha Ro Kurtistown, HI 96760 Planning Dap;. Exhibit 21 Mori, Ashley From: Tina Marie CAWAGAS <tinacawagas@gmail.com> Sent: Monday, April 25, 2022 9:53 AM To: WPCtestimony Subject: Support for massage therapy special permit TMK: (3) 1-6-045-007 To Whom it may concern: I support Roy &Stephanie Bath in regards to their application for massage therapy special permit. I met Stephanie back in 2007 when I was in a car accident. She is a very lovely person. Very kind and gentle. I still require monthly visits. I live within the community and would love being able to have Stephanie's service within 10 minutes from where I live. Thank you for taking the time to read this request. Sincerely, Tina Cawagas Planning Depi. 1 Exhibit 22 Planning E ep-i Exhibit 23 COH PLANNING DEPT APR 27 2022 Am10:14 RESIDENTS ON 8 RD. OPPOSED TO AND ADVERSLY AFF ' %f:DELIVERED PL-SPP-2022-000010, 1-6-045:007 STE PHAN I E & ROY BATH — MASSAGE STUDIO Planning Department: Please take into consideration WHERE supporters of this petition live as almost.ALL OF THEM are future clients, friends, and church congregation members who DO NOT LIVE on 8 road and will NOT be adversely affected by this proposal. Please see enclosed TMK map of the immediate neighbors that are against this. 1. This is not an acceptable agricultural use and has and will continue to cause conflict amongst neighbors who currently farm in the immediate area. (They are willing to testify to harassment about Roy and Stephanie's past complaints of farm noises and odors protected by Hawaii's Right-To-Farm laws.) Allowing this business an exemption WILL cause more conflict and cause further deterioration between Roy and Stephanie's relations with immediate neighbors. Those neighbors need to have Right-To-Farm protections upheld as this is what the area is zoned for. TO ALLOW THIS PROPOSED BUSINESS TO EXIST will cause major conflict which WILL lead to lawsuits which the Right- To-Farm law was intended to avoid. This business is better suited for Puna Kai. 2. 8 Rd. is in terrible condition. Further traffic will exacerbate the horrible conditions of the road including — flooding, unevenness, no shoulders, safety. A business like this sees many clients each week, none contributing to the maintenance for this PRIVATE section of road, unlike agricultural businesses with far fewer clients. Think nail salon or hairdresser type businesses. Those people don't pay road dues or contribute to 8 road maintenance and only cause further damages. 3. What "clients" would really appreciate a "relaxing" massage when sheep are baaing, calves crying during weaning time,chickens,roosters, ducks,geese, peafowl,guinea hens, and pigs making noises during the day. There is a piggery next door and animals are processed for home use which includes slaughtering and composting of offal etc., intact male goats in rut in the pasture no less than 60' away are to be expected. This creates unique "farm" odors that otherwise are considered objectionable especially during an "aroma therapy" session. We don't see how this will be handled amicably and will only lead to major conflict. ADDRESS or TMK NAME CONTACT C. 'Y1 Q V^-L.F'I e J tyX61 1 el Maps �Y �p l c�c.-t I �trl � M C� f,�M'��L,t� tr°1 K s _. __ try (� a W t r%ae�ntll :+6n8 Zc n rr �y Zoom �.f Hwy (D Get foam To Center fir, ( Area Pit Additional Options _ . G I `� out Into Parcel Parcel Measure L_! 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OPPOSED TO AND ADVERSLY AFFECTED BY: PL-SPP-2022-000010, 1-6-045:007 STEPHANIE & ROY BATH — MASSAGE STUDIO ADDRESS or TMK NAME CONTACT ey-- ZA �A-" c "7 1& -76-0 V;EA P-0 0D zoo t �� t6 . 20Q--7 molio 0. 1(,-.2og7 rmotic1A Roy and Stephanie Bath P.O. Box 457 Kea'au, Hawaii 96749 February 2, 2022 To: Philip Bath and Rebecca Bath TMK#1604500400 P.O. Box 447 Kurtistown, Hawai'i 96760 0447 Re:Application for Special Use Permit- Notice#1 Aloha, We are Roy and Stephanie Bath. We want to make you aware that we have submitted an Application for Special use permit with the Hawaii County Planning Department.The application was filed with the planning department on February 1,2022. The nature of the permit is for a proposed home occupancy massage therapy establishment. The parcel, 3-1-6-045-007-000 is located on Moho Road(8 road)between F. and G roads in Hawaiian Acres, Mountain View, Hawaii. It can be accessed from both Highways 130 and 11.To access the parcel from Highway 130 go to the top of Ainaloa Blvd.Turn right taking you onto Koala Maoli(9 road)a private paved road.Turning left on F road(Ale) proceed to Moho road(8 Rd.).Turn left.Travel approximately 113mile on dirt/gravel road to pole 90 makai.The parcel may also be accessed from Highway 11 by turning onto South Kuali road.Turn right at the T. Proceed on Moho rd(8 Rd.)to F road(Ale). Pavement ends here. Proceed 113 mile to pole number 90.The parcel begins at this pole makai. It's area for the proposed use of operation,including parking and a driveway shared with ag use will be approximately 5,720 sq feet.With issuance of this special use permit agricultural land use applications will remain active. You have the right to submit a written request for a contested case procedure. Should you seek to intervene as a party,you shall file a written request on the attached form. "Petition for standing in contested case hearing".The request shall be filed with the Planning Commission_ This request should be accompanied by a filing fee in the amount of$200 payable to the Director of Finance. The required information shall be submitted no later than(7)calendar days, prior to the Commissions first scheduled public hearing to consider the application. If you choose not to submit a written request for a contested case procedure,you may express your support/opposition in writing or by oral testimony at the Planning Commission public hearing to be scheduled. The Planning Commissions address is: Planning Commission Aupuni Center, 101 Pauahi Street Hilo, Hawai'i 96720 Should you have any questions you may call the planning department at 961-82.88 or 327-3510. ahalo, Roy D. Bath phanie Bath n2- SI le Icr y n,3 fA0 f --) I I I pelf lt�l O CoPI �P y `� m o Ha,ail Caunjy Varcel Maps l d o Zoom zcrom + zoom zoom o,�Y�ftnb Get Zoom To CeriterOn u,�cu:iuu�w„ Area Print ountr) _to8ax In Out L1 Hanr� Info parcel Parcel Measure LJ T�11 Page Additional Options Controls 16-1895 16-1937 Available Layers 16-1209 ]6.19t3 Y /` f ✓ Parcels / 16-9 76.191# 16.1926 16-1955� 1b-]898 j �1 ./" Parcel Numbers f]902,r 16-1g36 ✓ Address# .°� ✓ Yearly Sales ✓ Roads �r1G 1912 1 16 218� Schools 0 16 Lakes and Rivers 16-1962 Satellite(Google) 16-1931 _ 16-1959 _ 16.14L2 16197,3 ]6.199d Hawaii 101, 16.200k 1 b�3 r16 �3 16-691 Show Scale 16-2011 16.730 36 417 16 4 � •� 16.2090 " / 16.2042 ]6.2023 ; 16-2004 ] 1620i4 16.1995 fl. au _ 6.20541�' �6 16.2011 1G-2030 '� QSC�G ✓� 1 2036-20 16-2025 1 � 2048 �� t .�r✓ /' I625 16.2041 �2 16-20 5 ,/1G I'll7 �+ 1i-2072 16.2095 I . 9 /6.2042 16-205 �, J 1 0480"� 1 20671110 1G•2105 �' •ma's �.-� 16-2096 9 16.2083 16-2102, oe 16.2095 1 2i I03 I - 120 16.2084 I"- 16-2124 16 21,32 ,16r� 1 1 http!llgpublic9-gpuhlic-net/gpmap4lmap.php?county=hi-hawaii&parcel...201+-172562451 2215933&layers=parcels+roads+parcel-sales+streetnum ' Nx x 1 N r ro� _ n y a� r n r �n ��JYe wQ °6 � � 1 e 8 � u � � o r1 �" 7� e71.2p• , e— — I l ten! i I O €3 Q r 3 C O X x X 7� T. _ � 6 V C _5 ro E m O ._. _ © o x 1T� . n U h g x a n v n gym` V I 110 3 E1 V] = rs V�5 n / � V J Q p P N C 7 rD O CO 3 f1 t1 0 P A A 3 � F n_ wro n O 7 ry rt M ro v n n U C T :T ry n �y s m _ c Q Praoosed Residence for Bath, Roy Daniel & Bath Stephanie t`'`" N TN1K 1-6_p45- 007 OROAMFI W SLO-RASIDNM Moho Rd Hawaii, Howaiian Acres Sub Div "� r` �� � � �r�N F}] 161OIq c ip AC, OA- Expires-4-3tJ-M 0 r r F-I n 3 � < a -L, m p � e � r m a� 1>28' 14' i 4'n ° N 8 ru n try m [�no �a's 2'-6' '-5 3/4' il'-2 1/4' ���_&, � s N�p r n ul e L ° 10. � A3 10 cc �o a9 tiro D m 6' W CA V) ti ..--- _ Road 11bd. - -- --- --- -- ------ - - --- - '- BW 4 PI i 11 k DO 1 _ fro a < 4 U m I w � I r m n� • ] r" S W fl s z" nl w "nU"",//lll n .� p N+v 1 0 d m m i of I [ ` •-- -0 r y l i ]3WL6 fl 1 _ T--4 s.s A °a + r ink A .... I. S " a ru m •I I 1 I C ti ❑3 P _ /2-3 1 ,�v 4' 1. 3'-103/4' B'-3�q• z`-6• , N� N 3 a 2B' ro m ro (f1 o N Q 4 E m V G t7 3 10 — P a Proposed Residence For: LA Bath, R Daniet & Bath S,e hanie eelY PORUNDEMYRVIS"kW alusreucslou w nals wwpreeT Noho Rd , Hcwaii, I-lawaiian Acres Sub Diu. wx �EUIse,Ac. Eapi.ra:4 06-2022 3 PETITION FOR STANDING IN A CONTESTED_CASE, HEARING (Page I of 2) NAME: ADDRESS: PHONE NO.: APPLICANT/ DOCKET NO.: A. Is your interest in this matter clearly distinguishable from that of the general public? Yes No If the answer is "yes", please explain: If the answer is "no",please explain how the proposed action will nevertheless cause you actual or threatened injury: B. Are you a government agency whose jurisdiction includes the land involved in the subject request? Yes No If the answer is "yes", please explain the nature of the agency's jurisdiction: C. ❑o you lawfully reside on or have some property interest in the land involved in the subject request? Yes No If the answer is "yes", please explain: Appcndi-%A 4 PETITION FOR STANDING IN A CONTESTED CASE HEARING (Page 2 of 2) D. Are you a person or persons descended from native Hawaiians who inhabited the Hawaiian islands prior to 1778,who practiced those rights which were customarily and traditionally exercised for subsistence, cultural, or religious purposes? Yes_ No If the answer is "yes", please submit any genealogical evidence and historical evidence showing the exercise of those rights to support your statement: Petitioner's Signature STATE OF HAWAII } SS. COUNTY OF HAWAH ) On this day of , 20_,before me personally appeared to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. Notary Public, State of Hawaii My commission expires: Appendix A tip lu O ' in Vr aUl x Mori, Ashley From: NIU HAWAI'I <niuhawaiillc@gmail.com> Sent: Thursday, April 28, 2022 7:18 AM To: WPCtestimony Subject: Testimony for Special Permit Aloha to whom it may concern, I, Ka'anohiokala Pe'a, am a native Hawaiian, 3rd generation licensed massage therapist, Founder and owner of NIU Hawai'i LLC to support a special permit for home occupancy to do massage therapy in Hawaiian Acres community.The permit is for parcel 1-16-045-007-0000. As we all know, the population of Puna is rising and therefore higher needs are increasing as well in the health industry. Many residents and visitors are looking for a reliable massage therapist and health center near there community or residence, which provides closer access for traveling. In support of this permit, I would obviously reject this due to competition and loosing business. However, as I observe more in this service of massage therapy industry, there will be a joint network effort to empower more families and individuals to understand the value of the power of touch in massage therapy.This healing perspective option would be more available to our community in Puna, education of massage therapy benefits would rise, more people would be happier and constantly relying on massage therapy for their health needs. Should this testimony be counted for a special permit to parcel 1-16-045-007-0000, please accept this letter, mahalo nui! Aloha nui, na Ka'anohi Founder of NIU Hawai'i (Nurturing Is Universal) LMT: MAT-9551: CIMT, CPMT AMTA Member (808) 333-7890 Fax: (808) 443-0799 niuhawaiillc.com CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited. Planning Dept. Exhibit 24 Mori, Ashley From: NIU HAWAI'I <niuhawaiillc@gmail.com> Sent: Thursday, April 28, 2022 7:32 AM To: WPCtestimony Subject: Correction on special permit Aloha to whom it may concern, I submitted a letter recently less than 10 mins and the parcel number should be 1-6-045-007-0000 instead of 1-16-045- 007-0000, sorry for the wrong parcel number. Here is the letter sent below: Aloha to whom it may concern, 1, Ka'anohiokala Pe'a, am a native Hawaiian, 3rd generation licensed massage therapist, Founder and owner of NIU Hawai'i LLC to support a special permit for home occupancy to do massage therapy in Hawaiian Acres community.The permit is for parcel 1-16-045-007-0000. As we all know, the population of Puna is rising and therefore higher needs are increasing as well in the health industry. Many residents and visitors are looking for a reliable massage therapist and health center near there community or residence, which provides closer access for traveling. In support of this permit, I would obviously reject this due to competition and loosing business. However, as I observe more in this service of massage therapy industry, there will be a joint network effort to empower more families and individuals to understand the value of the power of touch in massage therapy.This healing perspective option would be more available to our community in Puna, education of massage therapy benefits would rise, more people would be happier and constantly relying on massage therapy for their health needs. Should this testimony be counted for a special permit to parcel 1-16-045-007-0000, please accept this letter, mahalo nui! Aloha nui, na Ka'anohi Founder of NIU Hawai'i (Nurturing Is Universal) LMT: MAT-9551: CIMT, CPMT AMTA Member (808) 333-7890 Fax: (808) 443-0799 niuhawaiillc.com CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited. i Mori, Ashley From: B Anne <cnshealer@yahoo.com> Sent: Thursday, May 5, 2022 12:45 AM To: WPCtestimony Subject: Permit support (PL-SPP-2022-000010) Attachments: stephaniebathLMT permit support letter.pdf, ATT00001.htm Attached is support letter for a permit. U�Imay you be well Planning Dept. Exhibit 25 1 Beth Ananda-Stout PhD APRN PO Box 917 Keaau, HI 96749 808-936-7795 Zendo Kern- director May 2, 2022 Hawai'i County Planning Department 101 Pauahi Street Suite #3 Hilo, Hawaii 96720 Dear Committee Members: This letter is written in support of Stephanie and Roy Bath's filing for a Special Use Permit for the facility on her land in Hawaiian Acres, Hawaii(parcel 1-6-045-007-0000 Moho Road in Hawaiian Acres). I have been an Advanced Practice Nurse in both women's health and psychiatry on the Big Island since the 1980s. I have referred many patients to Stephanie Bath, LMT, starting in 1983 when she worked within a specialty of perinatal massage therapy, and over the years for rehabilitative/therapeutic massage therapy. She has an almost four-decade history of providing this health care in East Hawaii. I am assured to know that her professional massage therapy practice may be more readily available within the community, and in particular in our more rural Puna community. As you are undoubtedly aware, the need for health care services on the Big Island is one of the highest in the state, while sadly deficient. I can confirm that through providing the requested special use permit, you would undoubtedly enhance accessibility to a vital health service that addresses pain, stress, and a number of other health conditions. Given the additional increase in difficulty and health challenges for the community due to the pandemic, it becomes even more important that such services are readily available. Furthermore, I understand that this proposal is aligned with elements of the Hawai'i 2050 sustainability plan and Puna Community development plan. It is my understanding that the special use permit will not affect the agricultural use of the parcel. Please let me know should you have any questions on this permit. Mahalo for your attention to this valued service. Sincere regards, (TqaZ9___� Beth Ananda-Stout PhD APRN (license APRN #107) Mori, Ashley From: Patricia Reiss <jerpat.98hilo@gmail.com> Sent: Monday, May 2, 2022 9:42 AM To: WPCtestimony Subject: Special use permit for TMK#1-6-045-007-000 testimony (PL-SPP-2022-010) To whom it may concern, Re: Special use permit for TMK# 1-6-045-007-000 As an older resident of the Puna area who has lived here for over 30 years, I highly support the request of Roy and Stephanie Bath in applying for a special use permit to provide a home residency massage therapy practice. Stephanie is a highly qualified massage therapist who had a thriving practice in Hilo for many years. However, times have changed. The need to provide healthcare services like this locally, in a rural community, is what is needed now. Not only would these types of services enhance and support the rapid growth this area is experiencing, it would eliminate the need, stress, and added cost to travel the much longer distance into Hilo to receive relief if this service were provided locally. A strong sense of community is growing in this area as more and more families move in. Providing needed services locally, within the community, strengthens that bond and creates a safer place for all who choose to reside in it. Reasons for acceptance of this request: 1. This service will bring support and stability into the local residency. 2. Locally provided health care would strengthen community bonds and provide a safer place to live. 3. With today's focus and stress on conservation of energy and the ever increasing costs of fossil fuel, it makes sense to move a service into the surrounding community to help with these issues. With the expanding growth in the Puna area, providing the opportunity for local residents to have needed health services locally should be encouraged. I fully support Roy and Stephanie Bath's request and hope that it will be honestly considered and accepted. Sincerely, Patricia Reiss Planning Dept. 1 Exhibit 26 Mori, Ashley From: Mikaela Hanson <hanjikyoung12@gmail.com> Sent: Saturday, May 7, 2022 12:46 PM To: WPCtestimony Subject: TESTIMONY-Stephanie Bath (PL-SPP-2022-000010) Aloha, My name is Mikaela Hanson and I am testifying in support for Stephanie Bath and her home office for massage therapy at Moho road parcel: TMK 1-6-045-007-0000. I believe it would be great to have a massage therapy place in Puna as Puna doesn't have much health care services available. Having one in Puna can allow the residents to avoid going into town for such needs. Mikaela Hanson Planning Dept. Exhibit 27 Mori, Ashley From: MARLENE HAPAI <mhapai@aol.com> Sent: Saturday, May 7, 2022 11:15 AM To: WPCtestimony Subject: Bath Special Use Permit (PL-SPP-2022-000010) To:Windward Planning Commission From: Dr. Marlene Hapai, Former Associate Dean, College of Tropical Agriculture & Human Resources Re.: Support for Bath Special Use Permit TM K#1-6-045-007-000 I support the use of property in an Agriculture zone for a Massage Therapy Practice to address the need for health care services found within the Puna community, a community presently in great need of health care services being forced to travel outside of their community to gain access to services.These services include Veteran PTSD treatments, Prenatal and Postpartum treatments; Release treatments and Rehabilitation Therapy. This use directly addresses one of the key areas of Agriculture (Food, Fiber, Family) encompassing all programs offered within the College of Tropical Agriculture and Human Resources at the University of Hawaii at Manoa. The specific degree supporting the requested use for the Bath Special Permit is the B. S. in Human Development and Family Studies which focuses on supporting positive human development over the life course. . . Helps people identify and develop important skills for effective management of personal, family and community resources enabling families to thrive and lead healthy and happy lives. I strongly support the approval of this Special Use Permit. Sincerely Marlene Hapai Sent from my iPhone Planning Dep;. Exhibit 28 Mori, Ashley From: Marilyn Haymore <marilyn.haymore@gmail.com> Sent: Friday, May 6, 2022 8:43 AM To: WPCtestimony Subject: Testimony for Stephanie Bath application To Whom It May Concern: This is a letter of support for Stephanie Bath who submitted an application for a home office for her massage therapy practice; (the location to be at TM 1-6-045-007-0000). I've known Stephanie and her family for over 40 years. Stephanie, her husband Roy and their two children, Noah and Katrina have always been extremely community minded,giving,sharing and caring for the well-being of our community and the people within. Stephanie's continuous years of active participation and service to our community is an outstanding testimony of this. She is also an extremely skilled and talented professional massage therapist and I believe serves on the state board of massage therapists. Her application for permission to create a home occupancy massage therapy practice office will not affect the Ag use of the parcel. Stephanie has always highly prioritizes taking good care of the aina. Her presence on any parcel is an agricultural asset. Stephanie's intent is to create a win/win situation to enable her to better serve others while at the same time, she is offering the community, as a whole, another pro-community opportunity and option. I hope the County finds favor with Stephanie's request and the flexibility to find a way for request to be granted. Sincerely, Marilyn Haymore Planning Dept. Exhibit 29 � Mori, Ashley From: Phil Millett <hilogatos@gmail.com> Sent: Sunday, May 8, 2022 11:14 AM To: WPCtestimony Subject: Special Use permit for Stephanie and Roy Bath (PL-SPP-2022-000010) Zendo Kern, Director Hawaii County Planning Department 101 Pauahi St., Suite#3 Hilo, Hawaii 96720 Dear Mr. Kern I have known Stephanie and Roy Bath for at least 15 years. Stephanie was my massage therapist when her office was in Hilo. She is a person of the highest integrity and character as well as an extremely talented and knowledgeable massage therapist. She will be an asset to the community wherever she practices. The advantages to the Puna area if the Special Use Permit is granted are many.The Puna area's health care services are few and adding local resources such as a local massage therapist is just one more service that doesn't require a trip to Hilo. It is my understanding that there is some bus service quite close to the proposed location.The site itself is an attractive rural location which is ideal for a massage session and it is offset a reasonable distance from the road and would not interfere with their neighbors or anyone. I strongly recommend that you grant this permit as there is only an upside and no downside for the community. Thank you for considering my testimony. Sincerely, Philip Millett 1608 Kilikina St. Hilo, HI 96720 961-2813 Planning Dept. 1 Exhibit 30 Mori, Ashley From: Burna Craft OToole <burnacraft@yahoo.com> Sent: Sunday, May 8, 2022 10:46 PM To: WPCtestimony Subject: Special Use Permit Support Letter (PL-SPP-2022-000010) Danny and Burna O'Toole To: Planning Department Applicants: Roy and Stephanie Bath Parcel: 1-6-045-007-0000 Special Use Permit Support Letter We are writing this letter in support of the Special Use Permit being applied for by Roy and Stephanie Bath. We feel this project would be a good fit in our neighborhood, providing a low-impact/high-yield service to our community. The very nature of this business is low-key, positive and healing with minimal traffic and almost no noise. We are not concerned with the small traffic increase this project might bring. Our subdivision has private roads. The maintenance and upkeep falls to the community members and our road is no exception. From time to time, a small group of lot owners have hui'd together to form work parties to provide improvements to our road. The petitioners have been active participants in the maintenance of our road for many years through monetary donations, materials contributions and physical labor and we expect their behavior to continue. As is the case in many areas with an "agricultural zoning" designation, the actual usage of most of the properties in this block is residential, some with small-scale homestead-type agricultural activities. There is 1 larger-scale ag-based venture in this area which has been in operation for approximately 15 years. We live in close proximity to this parcel and don't anticipate that the granting of this Special Use Permit will significantly change the nature of our neighborhood or negatively impact the adjacent property owners. We strongly support this project in our community and hope this commission will as well. Sincerely, Danny and Burna O'Toole Planning Dept. Exhibit 31 1 Mori, Ashley From: Michelle <mjmtucsonaz@aol.com> Sent: Tuesday, May 10, 2022 9:31 AM To: WPCtestimony Cc: stephbath@gmail.com Subject: Reference #TMK1-6-045-007-000 Roy and Stephanie Bath (PL-SPP-2022-010) Aloha! My name is Michelle Maliniak and I recently moved here to work in the schools as a Behavioral Health Specialist and help our Keikis. I am also a retired professional firefighter/paramedic/engineer with over 22 years of public service. Massage therapy has been a part of my self care since I was a young firefighter. I believe it has helped me to be as strong and healthy as I can be. I have recovered from injuries, surgery, and even PTSD with massage therapy as part of my self care. I also recommended this therapy for my clients when I was in private practice as a Licensed Professional Counselor in Arizona. Upon landing here in January I started searching for a licensed professional massage therapist. It took a few months to finally find Stephanie through a friend. At 55, 1 need to be able to run after and play with Keikis and deal with the stress of working in the schools. I could not find a reliable and therapeutic massage therapist. By the time Stephanie saw me I was in dire need of her services and since I have improved tremendously! So I hope you will consider my story. I believe the community in Puna will benefit greatly from having a convienent, professional therapist. She is on my way home from work and the enviroment she has created is soothing, comfortable, and professional. I know that many of the people I work with and I'm sure many others who work hard, or are recovering from mental health issues, surgery or injuries, will appreciate a professional licensed facility with a home like atmosphere. Mahalo Piha for your time and consideration. Respectfully, Michelle J. Maliniak LPC/BHS Planning Dept. i Exhibit 32 Mori, Ashley From: Katrina French <katbath@gmail.com> Sent: Thursday, May 12, 2022 2:30 PM To: WPCtestimony Subject: Support of PL-SPP2022-000010 Attachments: Letter in favor of massage establishment of Roy and Stephanie Bath.pdf Please see attached letter. Mahalo, Katrina French Planning Dept. Exhibit 33 Re:TMK#1-6-045-007-0000 SPP2022-000010 Roy and Stephanie Bath Aloha, I am the daughter of Roy and Stephanie Bath and I was born and raised in East Hawaii. It is and always will be home. I grew up in Puna. I am an EMS Lieutenant Paramedic and I have learned the importance of accessible healthcare. Growing up anytime I needed any form of healthcare I had to go to Hilo.That costed gas or bus money and extra time. Not everyone has these resources, especially if they are in need of healthcare due to or after an injury or illness. I began my career to healthcare when I was in high school by volunteering my time in emergency preparedness events and teams in my community. I also did my high school senior project with the Hawaii County Fire Department working on the Ambulance with them.This really opened my eyes at the need for healthcare, especially in Puna. Since advancing my career I have seen a need for different types of healthcare in so many different areas. When someone has a medical emergency or is in need they should not have to travel far distances to get the care they need. I am currently away from Hawaii supporting my husband as he works on his PhD My family has plans to return to Hawaii one day. Recently my family was able to visit home and I noticed that the Puna area is expanding.This is wonderful! I also noticed it is also still lacking a lot. I believe that all forms of healthcare need to expand to Puna so that they are more accessible to all. My mom has been a massage therapist my entire life. She has helped SO many people, including myself through her massages. Doctors have been referring patients to her for many many years. My mom is also very aware of the need for healthcare in our area. My parents own an agricultural property in Puna and intent to keep it as an ag property. My mom would like to have a small place on this property to practice massage. I am confident that this practice would not take away from the neighborhood or the ag property. It is not intended to be a large business but a small place of healing. People do not want to drive to Hilo for healthcare and they shouldn't have to. We need these services in all areas of the island, and Puna is one of them. One day I hope to return home and provide and give back to my community where I grew up by working in emergency medicine as a paramedic there. When I come home I want to be able to come home to a community that is being progressive and moving forward to help all citizens of all communities by providing accessible healthcare in areas where it is not currently or fully offered. I ask that you please allow my mom to have this small place of healing on their property. Sincerely, Katrina French Mori, Ashley From: Amy Okura <amy.okura@gmail.com> Sent: Thursday, May 12, 2022 9:03 PM To: WPCtestimony Subject: Testimony in Support of Special Use Permit Application #1-16-045-009-0000 Attachments: Testimony in Support of Special Use Permit Application.pdf Aloha, I have attached a 3-page written testimony in support of Special Use Permit Application#1-16-045-009-0000. Please feel free to contact me with any questions. Thank you! Amy Okura, Licensed Massage Therapist#6155 Planning Dep;. Exhibit 34 1 Amy F. Okura PO Box 1265 Volcano, Hawai'i 96785 May 12, 2022 Zendo Kern, Director Hawai'i County Planning Department 101 Pauahi Street Suite #3 Hilo, Hawai'i 96720 RE: Testimony in Support of Special Use Permit Application 1-16-045-009-0000 Dear Mr. Kern, My name is Amy Okura. I was born and raised in Hilo. I have been a Licensed Massage Therapist (LMT) in Hawai'i since 2001. Stephanie Bath, the owner of the parcel applying for the special use permit has been my massage therapist since 1999 and I had the honor of serving on the DCCA PVL Board of Massage Therapy with her for the past year. This testimony is my personal expression and in no way constitutes any representation or official stances of the Board of Massage Therapy. In the 20+ years that Stephanie has been my massage therapist, I have come to know her as one who serves her community through volunteering. She has dedicated countless hours of her life through various boards and committees including the PCDP Steering Committee, Redistricting Commission, State PVL Massage board, emergency response, etc. She has a long history of having her community's best interest at heart and putting in the work to improve her community. This request for a special use permit is no exception, and is rooted in her desire to serve her community. I understand that the parcel is zoned for agricultural use. I have visited the site on numerous occasions and have a clear understanding of the layout and environment, including current and planned agricultural uses of the parcel. I am of the opinion that a special use permit for this parcel will not negatively impact the agricultural use of the parcel nor any other surrounding parcel. As it will not interfere with the agricultural use, I would like to spend some time explaining how the special use permit can benefit the community. First, I'd like to briefly establish massage therapy as a form of healthcare, and then expand on the importance of providing healthcare in rural settings. While those less familiar with massage may see it as merely a superfluous service, it is a well established part of integrative healthcare. Massage therapy is frequently prescribed by doctors and paid for with insurance, most frequently motor vehicle and worker's compensation. On a community level, having a licensed massage establishment in the area is likely to provide great benefit. The conversation about increasing access to healthcare in rural communities is well established and need not be repeated here. However, I will say that the State of Hawaii Office of Primary Care and Rural Health website lists as its first value that, "People should receive health care services as close to their homes as possible." A greater disbursement of services throughout rural areas provides the opportunity for more people to have access to health care services close to home. The Rural Health Information Hub discusses some of the barriers to receiving health care, including lack of transportation, lack of finances, and privacy concerns (u; u;;;;;p,U„u,;;;U "p,.). For those in the area who face those particular barriers, having a massage establishment in the proposed area can reduce each one of those barriers: 1. Many people will be able to get there without having to drive on the highway. Those who wish to use the bus will be able to get to a stop that's a block away. 2. For those who can only receive massage therapy through private pay, a rural setting can and frequently does result in lower prices. About 4-5 years ago there was a massage therapist in Volcano who found she had to lower her prices in order to meet the community demand. With real estate prices climbing around the island, rents in cities and towns are also climbing. Permitting a special use in the community allows service prices to remain lower, making services more accessible to the general public. 3. In a small establishment, people using the services have more privacy than they would at a larger clinic in a nearby town. Many years ago, when she had an office in Hilo, Stephanie had a low traffic practice, meaning I almost never passed other clients in the office. I appreciated that privacy. One last point on the community level benefit is that by supporting the professionals who are abiding by local laws, we do not inadvertently punish them for doing things correctly and legally (i.e. obtaining and maintaining proper professional licenses, including establishment licenses, obtaining a general excise tax license, paying general excise taxes, and paying state income taxes). I am under the impression that there is a high rate of unlicensed and under the table business happening in the Puna district and as a lifelong resident of Hawaii, I'd like to do what we can to raise the bar in terms of legitimate business dealings in East Hawaii. One way to do that is by permitting reasonable requests for special use permits, variances, etc. On an individual level, community members who use the services provided at the proposed massage establishment will also greatly benefit from the stress-reducing effects of massage. Hawaii Health Matters provides data on the socio-economic-status (SES) of different communities in Hawaii. When compared to the rest of the State, Hawaiian Acres is in the red for almost every category (u;;;;;p,.u;;;;;p,.1 , 2.Q2.2). Low SES is associated with a myriad of individual and community problems including problems with both mental and physical health. Many studies have shown that chronic stress is the factor linking low SES with many of these problems. One such study published in the Journal of Public Health suggests that reducing stress could reduce the mental health problems associated with lower SES (u a pn UUe et aU. 01. ). Increasing ...................a........................................n...................................... accessibility to lower SES individuals through community setting (low transportation needs) and lower prices (not having to increase price due to commercial rents in high demand areas) means those lower SES individuals who could benefit from therapeutic massage will have increased access to needed services. Massage therapy is frequently used to address chronic pain and chronic stress. Chronic pain reduces employment, activities of daily living, and all aspects of general health ( uu,i�,l�,, ,i�, ,U,,;;,,;,,, _1). Because of the unique neural pathways used for the sensory perception of pain, stress impacts pain. Chronic pain is addressed neurologically through the muscle tissue, which in turn can heal the Hypothalamic-Pituitary-Adrenal (HPA Axis or long-term stress system). Not only is providing this service in this community a great asset to the community, but this setting is particularly good for this type of service. Research shows that natural sounds help the nervous system to recover after stress ( p. , ,a ,i ,p,,;;,....... °�„ ) and natural soundscapes improve health, increase positive emotions, and lower stress U:::uxtcn ei� aU. „"U„). For those in p the community who wish to address pain and/or stress, they will likely incur less cost and reap greater benefits by receiving the services in Hawaiian Acres. Thank you for considering my testimony in this matter. Sincerely, Amy F. Okura, LMT#6155 Mori, Ashley From: Mari Parker <mariparker@msn.com> Sent: Friday, March 18, 2022 1:30 PM To: WPCtestimony Subject: Roy and Steph Bath massage We have known the Bath's for four years.They are very into the care of the Island and understand the needs of the environment.The care they will offer their clients well be the best quality. We have found them to be honest and reliable. Mahalo, Mari Parker 16-1193 Ooaa Road Hawaii Acres Planning Dept. Exhibit 35 1 Mori, Ashley From: Ralph Sanmiguel <kanemalu@aol.com> Sent: Friday, March 18, 2022 1:47 PM To: WPCtestimony Cc: stepbath@gmail.com Subject: Support Letter/Zendo Kern Aloha, we are the near neighbors and we support this special use permit for a massage therapy use,,,Stephanie and Roy Bath will only enhance the quality of our neighbor and provide a service for inner Puna district. Mahalo Ralph & Ellisia SanMiguel 16-2036 Moho St. Kurtistown, HI. 96760 TMK 1-6-045-064 Planning Dept. Exhibit 36 1 Mori, Ashley From: Sam Erbe <samerbe@gmail.com> Sent: Saturday, March 19, 2022 9:53 PM To: WPCtestimony Subject: Planning Department, Sendo Kern To whom it may concern, I have been a resident of the Big Island for over 10 years. We live in Kurtistown with plans to move to Hawaiian Acres soon. I have known Stephanie and Roy Bath for over 10 years. We were recently made aware that Roy and Stephanie have applied for a special use permit(TMK 1-6-045-007-0000) in order for them to legally practice massage therapy within the Hawaiian Acres Community. We are in favor of this request because Puna is lacking in so many services, including Health Care services. With the granting of this special permit many who would prefer not to drive far from home will have another option to meet their needs. Stephanie has helped my wife get through her last pregnancy with her massage practice. We are grateful for her service and want you to know that we are in support of the issuance of this permit. Mahalo, Samuel Erbe 8084299552 Planning Dept. Exhibit 37 1 RE: Response to Kim Kozuma testimony in opposition to SP2022-000010 Aloha Planning Department and Windward planning commission, By way of introduction I am Stephanie Bath, wife, mom, granny, gardener, Hawaii County residence since 1981 and Hawaii State Licensed massage therapist/ small business owner since 1982. 1 received my foundational education at the Boulder School of Massage Therapy/Rocky Mountain Healing Arts institute in Boulder ,Colorado. I was taught by a number of instructors . studied Anatomy, Physiology, Structural kinesiology, foundational traditional Chinese medicine, and massage therapy disciplines (Swedish, shiatsu, Neo-reichian and reflexology). Tom Barton, MD, trama emergency room physician instructed me in Pathology. There were also other courses and clinical experiences. In 1980 1 moved to Hawaii and received my license to practice in 1981. 1 began practicing at Ke Ola Hou, health foundation,in the Volcano building on Waianuenue in July 1982. 1 later relocated to the Old Oto Hospital on Laimana Street in Hilo. I took Anatomy, physiology, and microbiology at UHH for fun. I also studied with Beth Ananda,CNM in the early `80s assisting herself and Bob Ackman,MD. with their patient prenatal/postpartum massage therapy care. I was part of the birthing team on some occasions.( Incidentally I was in attendance at Mark Baths birth, who I gather is opposing this permit.) have been privileged to be trusted by a Hiroshima survivor, WW2, Korea,and Vietnam combat veterans as clients. I have supported those passing on and their families. My clients have ranged in age from minutes old to nearly 100. I have served and am currently serving on the State Board of Massage therapy. (today I represent myself not the board in an official capacity) Serving terms on the Board on and off since the early 90's has given me a keen understanding of the diversity of techniques and types of Massage therapy in our State. can say, without hesitation, that patients/clients do not come to me for "soothing aromatherapy" spa type massage. Its not what I do. Treatments can be soothing,I suppose. do what I can, supporting folks in making welcomed adjustments in their bodies. I assist. I love what I do and am grateful for my continued learning. I love to garden and teaching others how to garden. I enjoy supporting Roy in the nursery. I enjoy cooking good,mostly healthy food. I enjoy eating it even more. I love playing with and learning from small children. I am grateful for my faith and beliefs. I have a supportive husband and a wonderful son, daughter, son in law and grandkeiki. I treasure our community and the many choice people who give much to strengthen and bring unity. We do what we can, when we can, to support one another. We are busy with full individual lives. One way I give back for the blessings that I have is through my work. We are applying for this special use permit so I can serve our community in our community through this work. Ms. Kozuma is in our community. Her concerns matter. Mahalo for your consideration. Stephanie Bath for Roy and Stephanie Bath-applicants Planning Deps. Exhibit 38 Page 2 of 7 SP2022-000010 Response to specific concerns of Ms. Kozuma: The letter of opposition is said to represents Puna farms, Puna pigs, Chris Kratzke and caregiver and the Brownings of Prescott Valley, Arizona. This response addresses only Ms. Kozumas concerns. Parcel owners/residents have the capacity to represent themselves. There is no evidence presented that Ms. Kozuma has authority to represent the parcel owners who were notified. In the sacred writings it has been said that there is "opposition in all things." This letter of opposition by Ms. Kozuma has opened a pathway to educate. In this response we hope that Ms. Kozuma will get better understanding of our intent for our community. It is hopeful that her concerns, and solutions to concerns, will be addressed. Issues unrelated to this special permit application and brought up by her will also be directly responded to. Ms. Kozuma refers to "our family" in her response. We assume congratulations are in order? Issues: The accusation that due diligence was deliberately not realized is unfortunate. All lot owners were sent notice on the same day and in the same certified mail batch. The USPS paperwork is on file in EPIC. The date on the first notice is February 2, 2022. My intent was to mail them on February 2, 2022. 1 typed that date on the letter. The envelopes were stuffed with all the needed attachments. I checked with Jessica Andrews, planner,the morning of February 1, 2022 to see if I could go ahead and mail out the notices, and post the signage. She counseled me to hold off until we got the official notice that our application was complete and accepted. (That's when the 10 days notification window began.) Frankly, I didn't even remember that the notices were dated 2/2/2022. Likely I wouldn't have changed the date if I had. I was anxious to get the notices out at the earliest possible date. Notice # 1 was sent before the 10 day window had passed. What reason would someone think we would intentionally do what we are accused of doing? What is their intent? 1. Ms. Kozuma is correct. This is the very reason we are applying for a special permit. Many folks on the Island are using Ag land exclusively for residential purposes, doing small businesses under the radar, and even using Ag lands under the pretense of Ag use to get property tax adjustments,when in fact,they aren't using the parcels fully for Ag. We are applying for the special permit because we are aware this is Ag land. We are using our parcel for agriculture, residential and a very small part of the parcel to provide a low profile health care service within our community. (upon issuance of the special permit) As you can see in the permit application, most of the square footage sited as part of the proposed MAE is the driveway. It is shared with residential and Ag use. Page 3 of 7 SP2022-000010 2. Roads —When the County allowed substandard subdivisions to be created, they didn't anticipate that people would actually be residing on the parcels, so I am told. Roadways are poor in many areas of Districts 4, 5 and 6. On our road we invite folks to work together to upkeep it. Roy and I have given generously as have other responsible community members to grade and fill pukas correctly with rock. (not gravel that gets washed away.) We have matched our monetary resources with sweat equity. I was deployed as a trained CERT member after Hurricane Lane to assist the County in damage assessment. Our team included civil defense staff, other County agencies and FEMA. Among the areas our team was assigned to was part of Hawaiian Acres. I can assure you that between Ale (F rd) and the parcel we are requesting the special permit for, there were no signs of flooding. I have never seen flooding in this area in 40 years. There is ponding in places do to run off. Heavy rain events can create havoc Island wide. Our family and others have literally picked out channels through the mud dams which build up on the side of the road. They are removed so ponding waters drain. This is the first time I've shined light on our efforts. We serve community. We are happy to. Our intent is not to judge or criticize Ms. Kozumo, however we haven't seen her household/or those she says she is representing, donate towards the last loads of rock brought in or the grader rental. They were not out in the rain with the work crew spreading it. There has been no indication that they have cleared mud from the side of the road which creates ponding. We encourage her to join and donate generously to the upcoming road maintenance event which is in the planning stage. We wash and maintain our vehicles. I am confident my clients do the same. It is up to them if they choose to travel off pavement 1/3 mile on dirt to receive health care services. They keep asking when they can start coming for massage therapy. This indicates they are ready and willing. Ms. Kozumas concern about increased traffic is a valid one. Never the less, she is not the traffic gestapo. This year more driveways have appeared and more traffic. These are privately owned roads. Parcel owners have the legal responsibility to maintain the roads. They have a legal right to use them. We are not a gated community. The public has used our roads for decades. I do not believe that Ms. Kozumo is a parcel owner or has joint ownership of the roads as stated in our deed. She can however help in maintaining them as she uses them. Massage parlors Massage parlors is an outdated term mostly used by the more elderly generation and at times Hollywood. Professional massage therapists don't use it. With all due respect to Ms. Kozumo, I don't know where she goes for massage therapy or what she is familiar with. It is inappropriate to compare my practice to a beauty or nail salon. It is not possible to easily explain the work I do. It is very focused and unique for each person. Measurable results are apparent. Medical doctors have referred patients to me for years. What traffic study did Ms. Kozumo refer to to get the data she sites of the proposed MAE having traffic comparable to "salon[s]". Traffic is not the same and is not an issue. It takes time,energy and resources to travel to do home health visits while I await issuance of a special use permit. The concern of added traffic was not an issue in the police department review of our permit application. What reason would it be for Ms. Kozuma who doesn't own the road? Page 4 of 7 SP2022-000010 Ag Traffic I have been informed that my application is in the final stages of review by the Department of Agriculture for a Micro grant for individuals for food security. If awarded there will be added traffic to our parcel as the grant project is realized. Community individuals/families will be participating in the project. This is an Ag use. This Ag use increased traffic may be of equal concern to Ms. Kozumo. 3. We are sorry to hear that there have been complains about the farm operations of Ms. Kozuma. Monitoring our parcels environment is not Ms. Kozumas kuleana. -Being an organic gardener the smell of manure doesn't bother me. -On our parcel there is no major issue with this. -The piggery down the road is a fair distance from the residence and down wind. It's in obvious disrepair. (We will eventually create a visual barrier to block the view.)It doesn't appear or sound as though there is much swine production taking place currently. Its not an issue. -Ms. Kozumo indicated that she keeps her animals on the her families parcel. (Her animals do frequent our neighbors place and inhabit their barn)Apparently they have a symbiotic arrangement with them. Wonderful. Ms. Kozuma can place her rams in rut in an area more distant from the residence if she is aware of the issue. We have had no significant issues with concerning odors.If it were an issue clients could opt out from getting massage therapy at the proposed location. We have enjoyed our neighbors puakenikini when its in bloom. Feral pigs slaughter issue We are sorry to hear that Puna pigs and Puna farms operations are struggling to the degree that they have been unable to provide farm raised meat to their own families. Instead they give them feral meat. What does any of this have to do with our special permit use? 1.How can Ms. Kozuma possibly know what our view from the proposed location is of the "slaughter"shop? She has never introduced herself to us nor been on our parcel. 2. Having been in practice for 40 years, I know what is needed in a MAE environment to provide for the health, safety, confidentiality and comfort of the diverse population of people I support. 3. Clients will be focusing on the road while driving. If they rubber neck to look down Rebecca and Mark Baths driveway the shop interior is not visible. Our privacy hedge/propagation stock/ does a good job of masking undesirable views. The shop is over 200 ft away from our property line. 3. Puna Kai shopping center was not considered as an option. Its not compatible with our vision. It is not sustainable. Sustainability is very important to our ohana! Some clients will be able to walk to get services! What reason would community members be required to travel a distance from our community to get massage therapy in an air conditioned very commercial setting? What reason would I want to drive miles each week, using unnecessary fossil fuel for transportation,time, putting wear and tear on infrastructure and having to pay rent for an unsustainable air conditioned office? My clients have been clear on their preference. I know what I envision for my practice. The proposed plan is unfolding better than I imagined. Its a blessing to be shared! Note:Our research shows that neither Puna pigs nor Puna farms has been in business at their location for forty years. (See real property tax records and hawaii.gov dcca site) Page 5 of 7 SP2022-000010 4. What do guardian dogs have to do with our home occupancy?This is not our issue. -We have insulated interior and exterior walls which mitigates excessive noise. If clients aren't comfortable with noises they can seek other locations to receive services. -We have no control over people sticking their hands through Ms. Kozumas fence. What we believe to be Puna farms lot is 150'from our parcel. There is no fence in the front for public to stick their hands through. We aren't clear on where she is referring to. 5. Neighbors We aren't comfortable with Ms. Kuzumo disclosing health related issues of another publicly. Whether or not a person chooses to disclose a health condition is their choice. HIPPA If there is a neighbor with autism who has a caregiver, we are confidence the family, individual or caregiver would address concerns with us directly. Our relationship with the neighbors is between ourselves and them. Our plot plan doesn't lend itself to a shouting match situation occurring. The very thought of it is absurd. We haven't had an issue with this. 6.Animal sounds These "soothing"sounds are not an issue. The sound of baaing and mooing is relaxing. It reminds me of the 'Nativity".As stated walls are insulated. Ms. Kuzumo has stated her animals are on her parcel. This is 150'away from our property line. However as previously stated,Ms. Kuzumo has used our neighbors place for her sheep to graze, do to insufficient pastures for grazing. They have stuck their heads through the fence and grazed 17 inches beyond the property line. Hundreds of dollars of damages have occurred to nursery propagation stock.This has been an issue. We are sorry she doesn't have the resources to contain her animals within legal bounds. We continue to document things as counseled by the police for repeated damages She is aware they are occurring. Her and Mark Baths knowing and not taking action does teeter on harassment. This issue presented itself without a special permit issued. It has little to do with our request. Its a civil/criminal matter. Ms. Kozumo is in error about us trying to change zoning. Roy is a semi retired nursery man. With the acquisition of the parcel he has begun to propagate plants for sale as supplemental income. Its exciting. We definitely do not support changing the agricultural designation of our subdivision. Stephanie was a participate in creating the State of Hawaii, Hawaii 2050 sustainability plan. We are advocates for the raising of animals for food(in accordance with HRS 142-61), including on the hoof, poultry, beekeeping and aquaponics as well as plant based agriculture applications of Ag land. If we are gonna eat it, lets grow it. Stephanie was appointed to the Puna Community Development Plan steering committee by Mayor Harry Kim himself during his administrative time. Working with community and our consultant John Wallen of Plan Pacific, we developed a plan that preserved our Ag lands. We have no idea where Ms Kozuma is getting her perspective from. We are strong advocates of Ag preservation. Our Island sustainabilty depends on it. Its also important to malama i ka 'aina concurrently for balance. There is concern that Puna farms/Pigs have misinforming neighbors about our intent and what actually a home occupancy special permit is. None of the folks mentioned in the opposition letter have spoken with us about the permit.A subsequent petition was submitted by Philip and Rebecca Bath. It states that those signing the petition are on 8 rd and adversely effected. Signatures are not all legible. Some of the parcels are far from the site. I defer to planning department director in determining if this petition is a factor in issuance of the permit or not. We can address any concerns at the hearing. It does seem that Ms. Komuza and ohana are concerned about zoning issues and right to farm issues. We are all protected under these laws. It is a given that this home occupancy use will not effect any of our rights to farm. Any issues relating to farming can be addressed in civil or criminal court if there are issues. We are hopeful that we have directly addressed any concerns this commission may have had as obstacles in granting this special use permit .We hope Ms. Kozuma has a better understanding of our intent. Page 6 of 7 Photo of privacy hedge referenced facing Kratzke family trust parcel ,d •.•- 7 of 7 View in direction • • •• approximately 200 feet in the distance f. df } tl • � r a , Y ,