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BOARD OF APPEALS <br /> COUNTY OF HAWAII <br /> MINUTES <br /> January 13, 2023 <br /> The County of Hawaii Board of Appeals met in regular session via the Zoom online platform at 9:30 a.m <br /> with Chair Stacey Aguiar presiding. A quorum was established with four members in attendance. <br /> MEMBERS PRESENT: Stacey Aguiar(Chair), Mattson Davis,Daina"Noe" Saiki, and David Wiseman. <br /> MEMBERS ABSENT AND RECUSED: Richard Cunningham,Richard "Ritchie"Henderson. <br /> ALSO IN ATTENDANCE: Dakota"Cody"Frenz, Esq. (Deputy Corporation Counsel); Sherilyn <br /> Tavares, Esq. (Deputy Corporation Counsel for the board);April Surprenant(Staff to the board);Kim <br /> Tanaka(Board Secretary); and Heather Bartlett(Interactive conference technology support) <br /> There were no members of the public in attendance. <br /> Chair Aguiar called the meeting to order and reviewed online meeting protocols and procedures. <br /> Introductions of board members in attendance were made, and Chair provided the names of members who <br /> were recused. Staff introductions were also made. <br /> STATEMENTS FROM THE PUBLIC ON ITEMS ON THE AGENDA <br /> At 9:33 a.m., Chair Aguiar called for statements from the public.No members of the public provided <br /> testimony. <br /> OLD BUSINESS <br /> 1. CLAUDIA ROHR(PL-BOA-2022-000025) <br /> Findings of Fact, Conclusions of Law, and Decision and Order to Deny Appeal of Decisions by the <br /> Planning Director Dated June 6, 2022, Special Management Area Use Permit Assessment <br /> Application(PL-SAA-2022-000057)and Special Management Area Minor Permit(PL-SMM-2022- <br /> 000022); and Director's Decision dated June 17, 2022, Closure of Complaint ZCV-2021-000037E. <br /> Location: 2212 Kalanianaole Avenue,Hilo, HI 96720 <br /> TMK(S): (3)2-1-018:006, 007, &010 <br /> PARTIES PRESENT: Claudia Rohr(Appellant),Kamala Anthony(Representative for Landowner), <br /> Suzanna Tiapula, Esq. (Counsel to the Planning Department), Zendo Kern (Planning Director) <br /> [SEE HEARING TRANSCRIPT EXHIBIT A] <br /> At 9:33 a.m., Chair Aguiar called this agenda item to order. <br /> A motion was made by Board Member Saiki to find the Board of Appeals lacks jurisdiction to grant <br /> appellant relief as requested on several points in her filed petition and amended petition. Specifically,points <br /> number two (2), three (3), and four (4). It was noted that at the hearing on December 9, 2022, appellant <br /> indicated on record that she did not wish to seek criminal charges as indicated in point number four (4). <br /> The motion was seconded by Board Member Wiseman. After a brief discussion,the motion was amended <br />