HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-SPP-2023-000055) B StrauslinSPP.ja.11.9.23
COUNTY OF HAWAI`I PLANNING DEPARTMENT
BACKGROUND REPORT
SUSAN STRAUSLIN
SPECIAL PERNHT APPLICATION (PL-SPP-2023-000055)
SUSAN STRAUSLIN is requesting a Special Permit to allow the establishment of a 4-bedroom
bed and breakfast operation within an existing dwelling on approximately 9.63 acres of land in the
State Land Use Agricultural District. The subject property is located at 120 Woa Road, on the
northwest corner of its intersection with Kulana Street, Pauka`a, South Hilo, Hawaii, TMK:
(3) 2-7-038:004.
APPLICANT'S REQUEST
1. Request: The applicant is requesting a Special Permit to establish a 4-bedroom bed and
breakfast operation within an existing 7,270 square-foot, 5-bedroom single-family
dwelling. The remaining fifth bedroom will be used by the applicant who will also be the
onsite caretaker. The bed and breakfast will provide overnight accommodation for stays of
less than 30 days and optional breakfast for a maximum of 8 guests.No exterior signage is
being proposed for the bed and breakfast establishment.Please note the applicant originally
applied for a 5-bedroom bed and breakfast operation but the dwelling is currently permitted
by the Building Division as a 5-bedroom dwelling, and the Zoning Code requires an onsite
operator for bed and breakfast establishments. In order to permit the dwelling as a 6-
bedroom dwelling, the Department of Health would require an upgrade of the existing
wastewater system which would be costly. Based on this information, the applicant has
requested to downsize the original request and is applying to establish a 5-bedroom bed
and breakfast operation.
2. Reason for Request: The applicant would like to operate a hosted bed and breakfast to
supplement their retirement income and to provide a way for guests to learn about small
farm agriculture in Hawaii.
3. Staffing/Employees: The bed and breakfast establishment will be operated by the
applicant and 2 groundskeepers.
4. Parking: Off-street parking is available as the applicant has designated 5 parking stalls for
guests of the bed and breakfast.
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5. Hours of Operation: Hours of operation will be from 8:00 AM to 6:00 PM daily.
However, guests will be free to come and go at will.
6. Project Timetable and Cost: If the bed and breakfast establishment is approved, the
applicant would like to begin operations immediately and does not feel improvements to
the existing dwelling will be necessary.
7. Definition of"Bed and Breakfast Establishment": According to Section 25-1-5 of the
Zoning Code, a "bed and breakfast establishment" means any single-family dwellings
and/or guest houses (pursuant to section 25-4-9), which have been permitted on a building
site, in which overnight accommodations and only breakfast meals are provided to a
maximum of ten guests, for compensation, for periods of less than thirty days.
8. Landowner: Ziebarth Family Trust.
9. Supportive Information: A Special Permit is required to operate a bed and breakfast
establishment in the State Land Use Agricultural District. The applicant has submitted the
attached in support of the request. (Planning Department Exhibit 1 — Special Permit
Application dated October 24, 2023 and Supplemental Information in email dated
December 4, 2023)
STATE & COUNTY PLANS
10. State Land Use District: Agricultural.
11. General Plan Land Use Pattern Allocation(LUPAG) Map: The General Plan LUPAG
map classifies the subject property as approximately 80%Important Agricultural Land(ial)
and 20% Low Density Urban (ldu). The ial designation refers to land that has better
potential for sustained high agricultural yields because of soil type, climate, topography,
or other factors while ldu refers to land that is residential, with ancillary community and
public uses, and neighborhood and convenience-type commercial uses; overall residential
density may be up to six units per acre.
12. County Zoning: Agricultural-20 acre (A-20a).
13. Hamakua Community Development Plan (HCDP): The HCDP was originally adopted
by the Hawaii County Council as Ordinance 2018-078 in August 2018. The HCDP
objective is to promote,preserve and enhance a diverse, sustainable, local economy and to
encourage the increase and diversity of employment and living options for residents,
including living wage jobs and entrepreneurial opportunities that allow residents to work
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and shop close to home and that complement Hamakua's ecology, rural character, and
cultural heritage.
14. Special Management Area (SMA): The property is not within the County's Special
Management Area and is located approximately 1,000 feet west of the nearest shoreline.
15. Coastal Zone Management: The entire State of Hawaii lies within the Coastal Zone
Management area.
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
16. Subject Property: The subject, 9.63-acre property is improved with a, 7,270 square-foot,
3-story, single-family dwelling, situated approximately 650 feet west(mauka) of the front
property line. Additional structures on the property include a 720 square-foot detached
garage, a 2,430 square-foot barn, a greenhouse, a chicken coop, 5 livestock shelters and an
agricultural storage structure. While a building permit for the dwelling was completed on
September 26, 2023, there are several other open building permits, including for an
alteration to the dwelling and to construct the barn. The remainder of the property consists
of grazing area for livestock, fruit trees, native plants, and ornamental plants.
17. Surrounding Zoning/Land Uses: Properties situated immediately to the north, south, and
west are zoned Agricultural (A-20a, A-3a, and A-5a). The properties to the east are zoned
Single-Family Residential-15,000 square feet(RS-15).The surrounding properties consists
of vacant lands, single-family residential dwellings, and a church. The closest residence to
the subject dwelling is located approximately 160 feet to the south.
18. U.S.D.A. Soil Type: Soils on the subject property are classified Hilo hydrous silty clay
loam, with 0 to 20 percent slopes.
19. Land Study Bureau's Detailed Land Classification System: Soils within the project
site are classified as "C" or"Fair"for agricultural productivity.
20. Agricultural Lands of Importance to the State of Hawai'i (ALISH): Classified as
Prime Agricultural Lands.
21. Flood Insurance Rate Map(FIRM): The property is classified as Flood Zone"X,"(Area
of Minimal Flood Hazard) according to the FEMA Flood Insurance Rate Mapping system.
22. Flora/Fauna Resources: No formal flora/fauna study was submitted with the application.
The subject property had been previously cleared in 2005 for the construction of a single-
family dwelling and agricultural-related improvements. According to the applicant, the
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site's vegetation consists of fruit trees such as mountain apple, citrus, starfruit, mango,
avocado, coconut,papaya, pineapple, and landscaped areas with native plants. In addition,
livestock on the property includes cows, goats, pigs, sheep, and chickens. There are no
known endangered species of plants or animals on the subject property.
23. Archaeological/Cultural/Historical Resources: No archaeological and cultural study
was conducted of the property as the subject property has been previously impacted by
ground-disturbing activities associated with previous agricultural and current residential
development. The subject site is not adjacent and/or proximate to the shoreline, therefore
gathering of marine life and coastal access for Native Hawaiian gathering and fishing rights
is not an issue. The applicant states that they have not observed the property or adjoining
properties being used by Native Hawaiians for the gathering of plants in recent times. No
further ground disturbance is being proposed.
24. Public Access: There is no public access to the mountains or the shoreline that runs
through the property.
PUBLIC UTILITIES AND SERVICES
25. Access/Parking/Traffic: Access to the subject property is from Woa Road, a privately
owned easement that the applicant has a legal right to access. According to the Hawaii
County Zoning Code Section 25-4-51(a)(2), a bed and breakfast establishment must
provide one parking stall for each guest bedroom and one stall for the dwelling,which the
applicant will comply with. According to the applicant, traffic impacts are not anticipated
to be significant, given the small scale of the proposed 4-bedroom bed and breakfast and
the fact that check-in and check-out times will be outside of school bus and peak
commuting hours.
26. Water: According to the Department of Water Supply (DWS), the subject parcel is
currently served by an existing 5/8-inch meter which is allotted one unit of water,
equivalent to an average daily usage of 400 gallons per day (gpd) and a maximum daily
usage of 600 gpd. DWS notes that water usage over the past year is approximately 990
gpd, which is equivalent to three units of water. While DWS states no objection to the
establishment of the proposed bed and breakfast,the applicant is requested to reduce
current water use and/or implement stringent water conservation methods to permanently
reduce water use to a maximum of one unit of water with a maximum usage of 600 gpd.
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In response to DWS, the applicant states that the higher water use is likely due to the
water needs of farm animals on the property since there has been a drought and the
property does not yet have a functioning catchment tank. Additionally, the ongoing
construction and remodel of the dwelling has demanded extra water usage. The applicant
notes that they are in the process of installing a 20,000-gallon catchment tank to use for
the water needs of farm animals, which they believe, in addition to completing
construction, should reduce the use of county water.
27. Wastewater: According to the Department of Environmental Management, the subject
property is located 0.2 miles from the nearest public sewer,thus the applicant shall follow
Department of Health (DOH) regulations for wastewater. The original building permit
included installation of a cesspool to service the dwelling. DOH has previously stated a
wastewater upgrade would be required if total flow exceeds 1,000 gallons per day, based
on an average of 200 gallons per day for each bedroom.
28. Solid Waste: According to the Department of Health(DOH), solid waste shall be properly
recycled or disposed of at DOH-permitted solid waste facilities.
29. Food Service Operations: By definition, bed and breakfast establishments may only
provide breakfast meals to guests. The Department of Health (DOH)has noted that a food
establishment permit will be required if meals are to include "potentially hazardous food"
or if the number of guests exceeds 6. If the bed and breakfast will only offer commercial
cereal,pastries,breads,fruits,coffee,tea, and juice,then a food establishment permit is not
required. However, the limited menu must be documented with DOH and the applicant
must comply with other DOH requirements.
30. Essential Utilities and Services: Electrical, telephone and internet services are available
to the subject property. The nearest fire and police stations are located in Hilo which is
approximately 3 miles from the subject property.
AGENCY COMMENTS
31. State Department of Health: (Planning Department Exhibit 2 — November 6, 2023
Memo).
32. Department of Environmental Management: (Planning Department Exhibit 3 —
November 9, 2023 Memo).
33. Department of Finance - Real Property Tax: (Planning Department Exhibit 4 -
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November 6, 2023 Memo).
34. Department of Water Supply: (Planning Department Exhibit 5—November 22, 2023
Letter).
AGENCIES—NO COMMENTS/NO CONCERNS
35. Office of Planning and Sustainable Development, Police Department.
AGENCIES—NO RESPONSE
36. Land Use Commission, Department of Land and Natural Resources, Department of
Agriculture, Department of Public Works — Engineering Division, Department of Water
Supply, Fire Department.
APPLICANT'S RESPONSE TO AGENCY COMMENTS
37. The applicant has submitted a response letter to comments received from the Department
of Water Supply. (Planning Department Exhibit 6—December 5, 2023 Letter).
PUBLIC COMMENTS
There are no public comments as of the time of this writing.
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SPECIAL PERMIT APPLICATION
COUNTY OF HAWAI`I
PLANNING COMMISSION
(Type or legibly print the requested information)
APPLICANT(S): Susan M Strauslin
APPLICANT'S SIGNATURE: DATE: 10/24/2023
ADDRESS: 120 Woa Rd, Hilo HI 96720
LIST APPLICANT'S INTEREST (if not owner): Trustee
PHONE: (Bus.) 808-217-5442 (Email) sstrauslingamsn.com
(Res.) REQUEST: Proposed 5 room Bed and Breakfast
TAX MAP KEY: 3-2-7-038-4 ZONING: AG5
SIZE OF PROPERTY/AREA OF REQUESTED USE: 9.63 acres/ House area
LANDOWNER(S): The Ziebarth Family Trust
FEE SIMPLE LANDOWNER(S) WP TTEN AUTHORIZATION
(may be provided r with t elow st (errent included):
DATE: 10/24/2023
DATE:
Note: The above written authorization of the landowner(s) gives permission for the applicant/petitioner to file the application/
petition and acknowledges that the landowner(s) and their successors are bound by the Special Permit and its conditions.
AGENT:
AGENT ADDRESS:
PHONE: (Bus.) (Res.) (Email)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: COPIES:
Planning Dept.
Exhibit 1
Written Narrative for Special Permit Application — Bed and Breakfast
Date: 10/24/2023
Proposed: 5-room Bed and Breakfast
Name: Susan M Strauslin, owner/trustee, Kevin E Strauslin, spouse
Property owner: The Ziebarth Family Trust
Address: 120 Woa Road, Hilo HI 96720
Tax Map Key: 3-2-7-038-4
Phone: 808-217-5442
Email: sstrauslin@msn.com
3:
A. Proposed Use:We purchased this property at auction in Sept of 2020, on 9.63 acres, Zoned AG5,
a 5,391 sq ft all teak house that had constructed exterior but never finished interior and in bad
disrepair. As a retired couple, with construction, design and B&B experience,we started working
on a plan that would make the best use of this house and area. The goal: A wonderful hosted
B&B to share the local culture, beautiful landscape, views, uniqueness of the home, and our
wonderful farm. During rehab, we redesigned the floorplan to enable each bedroom to have its
own bathroom and door to a lani. Interiors are finished with hand milled wood from the island,
and well-appointed eclectic island design complete with original art works from local artists
throughout. Many local craftsmen worked on this project to make it a one-of-a-kind destination.
The plan is to run our B&B as its hosts to help supplement our retirement income as well as
share all that this beautiful property has to offer with travelers. The rehab is complete and will
offer 5 guest rooms that will provide accommodations for up to 10 guests at maximum on any
given day. This business will support the community by offering its local art wares for sale to
guests, as well as business for local shops and restaurants, in addition to contributing with taxes.
We will have 2 groundkeepers and ourselves as employees. Hours of operation will be 8 a.m—6
p.m. daily yet guests may come and go at will. This will also allow the farm to continue operating
as a feature of the B&B.
B. Location: The property is 9.63 acres zoned AG5 and is currently a farm and residence for
ourselves. It is located in the Pauka'a district 3 miles north of Hilo off Hwy 19. It is located on
the corner of Kulana St and Woa Rd. Property is sloped and borders a creek on the North side,
Kulana Street on East side, and a private road on the South side. The private road is an
easement road on our property. Property consists of the house for proposed B&B, a barn/shop,
and various animal shelters for goats, cows, pigs, sheep, and chickens. Address is 120 Woa Rd.
C. State/County Plans:
a. County Zoning: The County zoning designation is Agriculture A5.. My property is 9.63
acres and considered a conforming lot of record.The primary dwelling on my property is
permitted. What is being requested will not require any improvements to the property
but only change of its use to a B& B. While allowed in the Agriculture zone of the zoning
Code, it is not allowed in the State Land Use Agricultural District. As such, a Special
Permit is being required, which if approved would make the B& B use possible.
b. Special Management Area; My property falls outside the Special Management Area. No
SMA permit is required.
c. Community Development Plans; No known plans other than addition of speed humps in
process.
D. Surrounding zoning and land uses: consist of residential and agriculture.
E. Flood Map: Property is in in Zone X, area of minimal flood hazard and is sloped. The applicant
has not observed any significant runoff or erosion in the recent past on the subject site.
Improvements have been made to drainage by adding 36" drainpipe and 4 concreate drain boxes
within the driveway. Drainpipe is released into bordering creek. Additional landscape has also
been added to control runoff.
F. Archaeological Resources: No known effected Hawaiian historic or archaeological resources on
the property.
G. Valued Cultural Resources:The recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O
Ka'Aina" decisions require decision-makers to consider a project's impact to native Hawaiian
gathering and fishing rights. Specifically,there must be a discussion of the cultural, historical,
and natural resources and associated traditional and customary practices of this site and the
impact of this project to these resources and practices. In this situation,the subject site is not
adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access
is not an issue. It is not known whether the subject or immediate surrounding area was used in
the recent past for the gathering of plants by native Hawaiians. Almost, if not all of the existing
vegetation on the parcel now consists of introduced plant species. Further,the applicants has
not observed any native Hawaiians on the site or adjoining properties gathering plants in recent
times. This, it would appear unlikely that the site would serve such purpose today. Known
history was small farm for 15 year prior to our purchase and sugar cane plantation in distant
past.
H. Flora and Fauna, soil,wind,volcano risk: include creek bed and its surrounding natural habitat,
many coconut trees,various fruit trees, mountain apple, citrus, starfruit, mango, avocado,
papaya, pineapple patches as well as landscaped areas with native plant life. We have Hamakua
rich soil perfect for the farm and ornamental plant life. The topography is sloped, elevation
ranging from 185-280 ft above sea level. We have a gentle and pleasant ocean breeze most of
the time, keeping the home and property cool. We are in lava zone 8, one of the safest zones.
I. Public Access: Guests will travel on Hwy 19, a public highway, through the Pauka'a
neighborhood on Kulana St, a public road, past the Kingdom Hall church,turning onto Woa
Road, a private road which is an easement road on our property.
J. Access: Our property is the first driveway on the right off Woa Road, a paved private road.
Property is fenced and gated at entrance with an 18ft wide gate open during business hours.
Plan is to pave driveway and provide adequate parking for guests, one stall for each room for a
total of 5 parking spaces.
K. Traffic Impacts: The number of guests is limited by the number of bedrooms (5). That should be
comparable to families living in this area. As such,the project is not anticipated to generate any
significantly adverse traffic impacts on the local roadway system. Check in and check out will be
outside of school bus and high commuting hours to minimize conflicts.
L. Availability of Utilities: Property has county water, electricity, sewage system cesspool and
internet at house. Utilities were approved with the original and alteration plans by the county
building dept and department of health.
4:
A. Reasoning: This request for Bed and Breakfast Use Permit complies with the Section 25-5-72
Permitted uses in the A district section c3 as permitted under section 25-4-7. As stated
previously,to use this house as a B&B would be the best use of the existing structure. Moreover,
we plan to continue to have a small agricultural farm which will be a feature of the B&B,
preserving the lands high agricultural potential. While it may be unusual, it is a reasonable use
of the existing house and land.
1. This proposal is meant to benefit the neighborhood while maintaining the farm use of
the property, improving upon the existing structure, and to add beauty by maintaining
and adding ornamental plants and fruit trees on the subject site. This should not
adversely affect the surrounding properties.
2. Since this house already exists, the granting of the proposed use Bed and Breakfast shall
not unreasonably burden public agencies to provide roads and streets, sewers, water,
drainage, school improvements, police and fire protection and other related
infrastructure. Utilities, roads, drainage are already in place and all measures to meet
police and fire safety have been met.
3. No known unusual conditions,trends, or needs have arisen since the district boundaries
and regulations were established.
4. The land within this property is unsuited for the use of large-scale commercial
agriculture as it is a small parcel of 9.63 acres and has the existing house. We do plan to
incorporate the small-scale farm that we have established to be a feature for guests to
learn about agriculture on a small farm on the island of Hawaii.
5. Using this property as a bed and breakfast will not change the essential character of the
land and present use as we plan to incorporate the farm as a feature and learning tool
for guests. Utilizing the existing 3-story 5,391 sq ft house will provide the best use of the
structure as it is too big for two retired people. We want to share this amazing property
with guests.
6. Granting of the proposed use Bed and Breakfast shall not be materially detrimental to
the public welfare nor cause substantial adverse impact to the community's character or
to surrounding properties. If anything, it will be a benefit to the community, providing
art, culture and best use for existing structure on the property. The farm will be a way
for guests to learn about small farm agriculture in Hawaii.
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Parcel 270380040000 Situs/Physical 120WOAROAD Market Land $462,000 Last2Sales
ID Address Value Date Price Reason Qual
Acreage 9.63 Mailing BANK OF NEW YORK MELLON Dedicated $0 1/13/2020 $820000 FORCLOSURE U
Class HOMEOWNER Address TRUSTEE FOR Use Value DEED,
CERTIFICATEHOLDERSOF Land $0 INVALID
CWALT INC Exemption 11/23/2004 $130000 OTHER U
4425 PONCE DE LEON BLVD Net Taxable $462,000 REASONS
4TH FLR Land Value
CORAL GABLES FL 331461837 Assessed $596,200
Building
Value
Building $120,000
Exemption
Net Taxable $476,200
Building
Value
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Tax Description TOG/ESMTSUBJ/ESMT
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Affidavit of Trustee of the
ZIEBARTH FAMILY TRUST
1. The following Trust(the "Trust) is the subject of this Affidavit:
ROBERTA J. ZIEBARTH and SUSAN STRAUSLIN, Trustees, or their
successors in trust, under the ZIEBARTH FAMILY TRUST, uta dated
September 29, 2015
EIN: 81-6622366
2. On September 29, 2015, WILLIAM F. ZIEBARTH and ROBERTA J.
ZIEBARTH executed the ZIEBARTH LIVING TRUST. The ZIEBARTH
LIVING TRUST, dated September 29, 2015, provides that upon the death of the
first spouse to die, the trust assets will be divided into two separate sub-trusts
called the ZIEBARTH FAMILY TRUST and the ZIEBARTH MARITAL
TRUST.
4. WILLIAM F. ZIEBARTH, Trustor and Trustee, died December 10, 2015.
5. The ZIEBARTH LIVING TRUST has now been split into the ZIEBARTH
FAMILY TRUST and the ZIEBARTH MARITAL TRUST. Both of these trusts
are currently in full force and effect, and are governed by the provisions of the
ZIEBARTH LIVING TRUST.
6. Attached to this Affidavit and incorporated herein by reference are selected
provisions of the Trust evidencing the following:
a. Creation of the ZIEBARTH Living Trust and Initial Trustees
b. Successor Trustees
C. Signature Pages
d. Provisions pertaining to Division of assets into the
ZIEBARTH FAMILY TRUST and the ZIEBARTH MARITAL
Trust
e. Death Certificate of WILLIAM F. ZIEBARTH.
7. The Trust provisions which are not attached to this Affidavit are of a
personal and confidential nature and set forth the distribution of Trust
property. They do not modify the powers of the Trustees.
Page I of 2—Affidavit of Trustee
8. The signatories of this Affidavit are the named successor Trustees who hereby
accept the trust and agree to serve as successor Trustees. Further, the signatories
declare that the foregoing statements and the attached Trust provisions are true
and correct, under the penalty of perjury under the laws of the State of Oregon.
IN WITNESS WHEREOF, as Affiant, we, the undersigned, have executed this Affidavit
as of this day of , 2016, in multiple counterpart originals, and have
directed some photo hie copies of this Power be made which shall have the same
farce and effect as an original.
OBERTA J.M RTH, Trustee
SUSAN ST USLIN, Trustee
STATE OF OREGON )
ss.
County of Marion )
On _ uAe (a before me the undersigned, a Notary
Public in and for said County and State,personally appeared ROBERTA J. ZIEBARTH and
SUSAN STRAUSLIN, Trustees, known to me to be the persons whose names are
subscribed to the Affidavit of Trustee of the Ziebarth family trust, uta dated September 29,
2015, (or proved to me on the basis of satisfactory evidence), and acknowledged that
ROBERTA J. ZIEBARTH and SUSAN STRAUSLIN executed the same.
Witnels rf hand and se
OFFICIAL STAMP
y JEFFREY DOUGLAS KREBS
��. NOTARY PUBLIC-OREGON
NO for egon \gas:J COMMISSION NO,936346
C M S E P S R 1 i
Page 2 of 2—Affidavit of Trustee
The Ziebarth Living Trust
Article One
Creation of Our Trust
Section 1. Our Trust
We are husband and wife. This is our Living Trust, dated September 29, 2015,
by WILLIAM F. ZIEBARTH, the husband Trustmaker, and ROBERTA J.
ZIEBARTH, the wife Trustmaker, and the following initial Trustees:
WILLLAM F. ZIEBARTH
and
ROBERTA J. ZIEBARTH
Our trust is a joint revocable living trust that contains our instructions for our
own well-being and that of our loved ones. All references to "our trust" or
"trust," unless otherwise stated, shall refer to this Living Trust and the trusts
created in it. All references to "Trustee" shall refer to our initial Trustee or
Trustees, or their successor or successors in trust.
When the term "Trustmaker" is used in our trust, it shall have the same legal
meaning as "Grantor," "Settlor," "Trustor," or any other term referring to the
maker of a trust.
Section 2. The Name of Our Trust
For convenience, our trust shall be known as the:
ZIEBARTH LIVING TRUST, dated September 29, 2015.
For purposes of beneficiary designations and transfers directly to our trust, our
trust may be referred to as:
Ziebarth Living Trust, dated September 29, 2015
or
1-1
APPOINTMENT OF CO-TRUSTEE
TO
THE ZIERARTH LIVING TRUST
On September 29, 2015, WILLIAM F. ZIEBARTH and ROBERTA J.
ZIEBARTH, as Trustors and Trustees, entered into the ZIEBARTH LIVING
TRUST. WILLIAM F. ZIEBARTH died on December 10, 2015.
The ZIEBARTH LIVING TRUST provides that the surviving Trustor
shall have the absolute right to remove or appoint Trustees, at any time.
Therefore, ROBERTA J. ZIEBARTH, Trustor, hereby appoints SUSAN MARIE
STRAUSLIN TO act, with her, as Co-Trustee of the ZIEBARTH LIVING
TRUST. As Co-Trustees any of the Trustees may sign documents and manage
trust assets without the consent of the other.
Except as provided herein, all other terms and provisions of the ZIEBARTH
LIVING TRUST,dated September 29,2015, shall remain the same.
IN WITNESS WHEREOF,this agreement has been executed on this
day of ��;..n�� ,2016.
�9 /
OBERTA J TH,Trus or USAN MARIE STRAI JSLIN,
v
Co-Trustee
BERTA J:i IE TH, Trustee OFFICIAL STAMP
*;f JESSE ALFARO
NOTARY PUBLIC - OREGON
COMMISSION NO. 922815
MY COMWSSION EXPIRES NOVEMBER 25,2017
Page 1-Appointment of Co-Trustee
STATE OF OREGON }
) ss.
County of Lane-
On Cc k before me the undersigned, a
Notary Public in and for said County and State, personally appeared ROBERTA J.
ZIEBARTH, Trustor and Trustee, and SUSAN MARIE STRAUSLIN, Co-Trustee,
known to me to be the persons whose names are signed to within the
APPOINTMENT OF CO-TRUSTEE to the ZIEBARTH LIVING TRUST dated
September 29, 2015, (or proved to me on the basis of satisfactory evidence), and
acknowledged that they executed the same.
Witness my hand and seal.
Notary Pull 1C Or Oregon OFFICIAL STAMP
JESSE ALFARO
NOTARY PUBLIC - OREGON
COMMISSION NO. 922815
MY COMMISSION EXPIRES NOVEMBER 25,2017
Page 2—Appointment of Co-Trustee
ImNOTARY PUBLIC - OREGON
COMA.41SSION NO. 922815
My mwAISSION EXPIRES NOVEMBER 25,2017
Article Fifteen
The Resignation, Replacement, and
Succession of Our Trustees
Section 1. The Resignation of a 'Trustee
Any Trustee may resign by giving thirty days' written notice to each of us or
to our respective legal representatives. If either of us is not living, the notice
shall be delivered to the Trustee, if any, and to all of the beneficiaries then
eligible to receive mandatory or discretionary distributions of net income from
any trust created under this Agreement.
If a beneficiary is a minor or is legally incapacitated, the notice shall be
delivered to that beneficiary's guardian or other legal representative.
Section 2. The Removal of a Trustee
Any Trustee may be removed as follows:
a. Removal by Us
We reserve the right to remove any Trustee at any time, but only if
we both agree.
b. Removal by One of Us
After one of us dies or during any period that one of us is disabled
and the other Trustmaker is living and is not disabled, the surviving
nondisabled Trustmaker may remove any Trustee.
c. Removal by Other Beneficiaries
After the death or incapacity of both of us, a majority of the
beneficiaries then eligible to receive mandatory or discretionary
15-1
distributions of net income under this Agreement may remove any
Trustee.
d. Notice of Removal
Neither of us, nor any of our beneficiaries, need give any Trustee
being removed any reason, cause, or ground for such removal.
Notice of removal shall be effective when made in writing by either:
Personally delivering notice to the Trustee and securing a
written receipt, or
Mailing notice in the United States mail to the last known
address of the Trustee by certified mail, return receipt
requested.
Section 3. Replacement of Trustees
Trustees shall be replaced in the following manner:
a. - The Death or Disability of a Trustee While We Are Serving
as Trustees
We may serve as the only Trustees or we may name any number of
Trustees to serve with us. If any of these other Trustees subsequently
die, resign, become legally incapacitated, or are otherwise unable or
unwilling to serve as a Trustee, we may or may not fill the vacancy,
as we both agree.
b. Disability Trustees of WILLIAM F. ZIEBARTH
Upon the disability of WILLIAM F. ZIEBARTH, ROBERTA J.
ZIEBARTH shall replace all of my initial Trustees.
If ROBERTA J. ZIEBARTH is unwilling or unable to serve, then
the following shall be named as successor Disability Trustees in the
order in which their names appear:
First, SUSAN MARIE STRAUSLIN
15-2
Second, WELLS FARGO
If there is no successor available to fill a vacancy, any remaining
Disability Trustee(s) WILLIAM F. ZIEBARTH has named shall
serve alone, but if there are no remaining named Disability Trustees
to serve, the vacancy will be filled in accordance with the Unfilled
Trusteeship subsection.
c. Disability Trustees of ROBERTA J. ZIEBARTH
Upon the disability of ROBERTA J. ZIEBARTH, WILLIAM F.
ZIEBARTH shall replace all of my initial Trustees.
If WILLIAM F. ZIEBARTH is unwilling or unable to serve, then
the following shall be named as successor Disability Trustees in the
order in which their names appear:
First, SUSAN MARIE STRAUSLIN
Second, WELLS FARGO
If there is no successor available to fill a vacancy, any remaining
Disability Trustee(s) ROBERTA J. ZIEBARTH has named shall
serve alone, but if there are no remaining named Disability Trustees
to serve, the vacancy will be filled in accordance with the Unfilled
Trusteeship subsection.
d. Death Trustees of WILLIAM F. ZIEBARTH
On my death, ROBERTA J. ZIEBARTH shall replace all of my
initial Trustees, if they are then serving, or all of the Disability
Trustees, if they are then serving.
If ROBERTA J. ZIEBARTH is unwilling or unable to serve, then
the following shall be named as successor Death Trustees in the
order in which their names appear:
First, SUSAN MARIE STRAUSLIN
Second, WELLS FARGO
If there is no successor available to fill a vacancy, any remaining
Death Trustee(s) WILLIAM F. ZIEBARTH has named shall serve
alone, but if there is no remaining named Death Trustee to serve, the
15-3
vacancy will be filled in accordance with the Unfilled Trusteeship
subsection.
e. Death Trustees of ROBERTA J. ZIEBARTH
On my death, WILLIAM F. ZMBARTH shall replace all of my
initial Trustees, if they are then serving, or all of the Disability
Trustees, if they are then serving.
If WILLIAM F. ZIEBARTH is unwilling or unable to serve, then
the following shall be named as successor Death Trustees in the
order in which their names appear:
First, SUSAN NL RIE STRAUSLIN
Second, WELLS FA.RGO
If there is no successor available to fill a vacancy, any remaining
Death Trustee(s) ROBERTA J. ZIEBARTH has named shall serve
alone, but if there is no remaining named Death Trustee to serve, the
vacancy will be filled in accordance with the Unfilled Trusteeship
subsection.
f Appointment of Independent Special Trustee
Unless otherwise provided for in this Agreement, whenever the
appointment of an Independent Special Trustee is authorized or
required under the terms of this Agreement, then the Independent
Special Trustee shall be appointed in accordance with the Section
providing for "Unfilled Trusteeships" in this Article. Any
Independent Special Trustee appointed under this Section must meet
the requirements for an Independent Special Trustee set forth in
Article Eighteen of this Agreement.
g. Successor Trustees
A Trustee may be listed more than once in this Section or an initial
Trustee may also be named as a disability Trustee or a Trustee who
will serve at death. Naming a Trustee more than once is done as a
convenience only and is not to be construed as a termination of that
Trustee's trusteeship.
15-4
Section 4. Trustees of our Beneficiaries' Trust Shares
The trustees of the trust shares created for our beneficiaries in Article Twelve
of this Agreement shall be as follows:
a. Trustees of the Trust Share Created for SUSAN MARIE
STRAUSLIN and Division of Trustee Responsibilities
During the term of this trust agreement, our Trustees are fiduciaries
on behalf of SUSAN MARIE STRAUSLIN. As fiduciaries, the
Trustees are responsible for three main areas: (1) investing trust share
property, including all decisions regarding selecting, retaining, and
selling trust share assets; (2) administering the trust share, including
maintaining all records and filing all tax returns; and (3) distributing
trust share property to our beneficiaries according to the terms of the
trust share, including exercising all discretionary authority.
Unless otherwise specifically prohibited by law, our Trustees shall be
responsible for these three main areas mentioned in the preceding
paragraph as outlined below in this Section. For purposes of the
following paragraphs, "trust" shall mean each trust or trust share
created under Article Twelve of this trust agreement.
For purposes of clarity in this section, the term "beneficiary co-
Trustee" shall refer to SUSAN MARIE STRAUSLIN when she is
also serving as a Trustee or co-Trustee of that trust share. The term
"independent Trustee" or"independent co-Trustee" shall refer to any
individual or entity who is serving as a Trustee or co-Trustee of the
trust share who is not a beneficiary of the trust share. The terms
"independent Trustee" or "independent co-Trustee" are further
defined in Article Eighteen of this trust agreement.
1. Distributing Trust Property
SUSAN MARIE STRAUSLIN shall serve as a Distribution
co-Trustee ("beneficiary co-Trustee"), and shall forthwith
name as Distribution co-Trustee ("independent co-
Trustee"):
Any individual over the age of 25, excepting her
husband.
15-5
The independent co-Trustee appointed by the beneficiary
must meet the definition of an Independent Special Trustee
in Article Eighteen of this Agreement.
The "Distribution Trustees" are only responsible for
distributing trust property to SUSAN MARIE
STRAUSLIN, including exercising all discretionary
authority. SUSAN MARIE STRAUSLIN may assign to
the independent co-Trustee of her trust share any or all
responsibilities involving distributing trust share property,
such that the independent co-Trustee then serves as sole
Trustee for purposes of distributing trust share property to
SUSAN MARIE STRAUSLIN. However, an independent
co-Trustee may not assign any responsibility involving
distributing trust share property to SUSAN MARIE
STRAUSLIN.
SUSAN MARIE STRAUSLIN shall never serve as sole
Trustee for purposes of distributing trust property to herself.
Our Death Trustee shall not allocate any trust property to
any separate trust shares created tinder Article Twelve of
this Agreement for the benefit of SUSAN MARIE
STRAUSLIN until an independent co-Trustee is appointed.
If the beneficiary co-Trustee does not appoint an
independent co-Trustee within 30 days of notification by
our Death Trustees that they are eligible to do so, then our
Death Trustee shall forthwith appoint an independent co-
Trustee that meets the qualifications set forth in this
subsection.
2. Investing and Administering Trust Property
Unless otherwise provided in this Article, SUSAN MARIE
STRAUSLIN shall serve as the initial Trustee responsible
for investing and administering the trust share.
SUSAN MARIE STRAUSLIN shall determine the nature
and extent of the trustee services, if any, to be provided by
the independent co-Trustee with regard to investing and
administering her trust share property, as well as the
compensation for the services to be provided.
Levels of co-Trustee participation in investment decisions
shall include, without limitation, full discretionary
15-6
Trustee must meet the qualifications of paragraph 1 of this
subsection.
7. Designation of Successor Trustees
SUSAN MARIE STRAUSLIN has power to designate by
written instrument the successor trustees, or the procedure
by which successors are to be appointed, to serve upon the
beneficiary's disability or death. However, any
replacement independent co-Trustee must meet the
qualifications of paragraph 1 of this subsection. This power
to designate is personal to SUSAN MARIE STRAUSLIN
and may not be exercised by anyone other than SUSAN
MARIE STRAUSLIN, including but not limited to any
legal representative, agent, or creditor of SUSAN MARIE
STRAUSLIN .
If SUSAN MARIE STRAUSLIN is unwilling or unable to
serve as a co-Trustee of their separate trust share and no
successor has been designated, then a successor will be
appointed pursuant to paragraph 1 of this subsection.
b. Trustees of Our Beneficiaries' Separate Trust Shares and
Division of Trustee Responsibilities For All Unspecified
Beneficiaries
Unless otherwise provided in this Article, the Trustees for any trust
share created under Article Twelve of this Agreement for the benefit
of WYATT STRAUSLIN, TYLER STRAUSLIN, CITRINA
TRUVER, and JASON WOLFE shall be the following named
individuals in the order in which their names appear:
First, SUSAN MARIE STRAUSLIN
Second, WELLS FARGO
If a named Trustee is either unwilling or unable to serve, then our
beneficiary shall select a Trustee in accordance with the procedures
set forth in Section 5 below.
15-5
Section 5. Unfilled Trusteeship
In the event no named Trustees are available to serve over any trust created
under this Agreement, a majority of the beneficiaries who are over age 21 and
not disabled and are then eligible to receive distributions of net income under
that trust shall forthwith name as successor Trustee:
any individual over the age of 25, or
a licensed Attorney who maintains errors and omissions liability
insurance covering service as trustee, or
a certified public accountant (CPA) who maintains errors and
omissions liability insurance covering service as trustee, or
a corporate fiduciary.
The successor Trustee appointed must meet the definition of an Independent
Special Trustee in Article Eighteen of this Agreement.
If a majority of the beneficiaries then eligible to receive distributions of net
income under the trust cannot agree on a successor Trustee, any beneficiary
can petition a court of competent jurisdiction, ex parte, to appoint a successor
Trustee who meets the requirements of this subsection.
The court that designates the successor Trustee shall not acquire any
jurisdiction over any trust created under this Agreement, except to the extent
necessary to name the successor Trustee.
If all of the beneficiaries then eligible to receive distributions of net income of
any trust created under this Agreement are incompetent, incapacitated, or
otherwise legally unable to effectively manage their property or financial
affairs, a majority of the beneficiaries named under Article Twelve of this
Agreement who are over age 21 and not disabled shall forthwith name a
successor Trustee, or if they cannot agree, shall petition a court of competent
jurisdiction, ex parte, to designate a successor Trustee.
Section 6. Corporate Fiduciaries
Any corporate fiduciary named in this trust agreement or appointed by a court
of competent jurisdiction as a Trustee must be a bank or trust company
situated in the United States having trust powers under applicable federal or
state law.
15-9
Such fiduciary shall have either a combined capital and surplus of at least 1
million dollars or assets under management of at least 25 million dollars.
Section 7. Powers and Liabilities of Successor Trustee
Except as otherwise provided in this Agreement, any successor Trustee,
whether corporate or individual, shall have all of the rights, powers, and
privileges, and be subject to all of the obligations and duties, both
discretionary and ministerial. as given to the initial Trustees of this trust
agreement.
Any successor Trustee shall be subject to any restrictions imposed on the
original Trustees. No successor Trustee shall be required to examine the
accounts, records, and acts of any previous Trustees.
No successor Trustee shall in any way be responsible for any act or omission
to act on the part of any previous Trustees.
15-10
We certify that we have reviewed our foregoing revocable living trust
agreement, and that it correctly states the terms and conditions under which
our trust property is to be held, managed, and disposed of by our Trustee. We
approve this revocable Iving trust in all particulars, and request our Trustee to
execute it.
IN WITNESS WHEREOF, we have executed this Living Trust on September
29,2015.
WILLIAM F. ZTEBA�UT T, Trustmaker
R BERTA J ARTH, Trustmaker
1JV?WL4i4' 7� '2 Z��:V
WILLIAM F. ZIEB , Trustee
AIQ"� '& a,,-:?'4;u�
OBERTA J IE TH, Trustee
STATE OF OREGON )
ss.
COUNTY OF DOUGLAS )
The foregoing Revocable Living Trust was acknowledged before me on
September 29, 2015, by WILLIAM F. ZIEBARTH and ROBERTA J.
ZIEBARTH, as Trustmakers, and WILLIAM F. ZIEBARTH and ROBERTA
J. ZIEBARTH, as Trustees.
Witness my hand and official seal. OFFICIALSTAMP
s JEFFREY DOUGLAS KRESS
NOTARY PUBLIC-OREGON
r _:'' COMMISSION NO,936346
C IuE S PR S R R f
Nos lic
18-12
Article Eight
Creation of the Marital and Family Trusts
Section 1. Residual Distribution to Marital Trust
a. Residue of Trust Estate
Upon the death of the first Trustmaker to die. Our Trustee shall
allocate and distribute the remaining trust estate, including any
property that becomes distributable or payable to our Trustee at the
deceased Trustmaker's death, to a share to be identified as the
Marital Share.
b. Marital Share to be Administered as Marital Trust
The Marital Share shall be held, administered and distributed
according to the provisions of the Marital Trust as set forth in Article
Nine of the trust agreement.
Section 2. Distribution of Disclaimed Trust Assets
a. Disclaimer Family Trust
Any specific asset or portion thereof or pecuniary amount disclaimed
by the surviving Trustmaker shall be distributed to a share to be
identified as the Family Share.
b. Family Share to be Administered as Family Trust
The Family Share shall be held, administered and distributed
according to the provisions of the Family Trust as set forth in Article
Ten of this trust agreement.
S-1
Section 3. Intention that Marital Share Qualify for
Marital Deduction
We intend that the Marital Share qualify for the federal estate tax
marital deduction and any state inheritance tax marital deduction and
this agreement shall be subordinate to that intent. If the granting of
any right, power, privilege, authority, or immunity to our Trustee or
another person and the imposition of any duty upon our Trustee or
another person by an provision of this trust agreement, would
disqualify any share of interest of a beneficiary hereunder from
qualifying for the federal estate tax marital deduction provided by
Section 2056 of the Code, such provision shall be ineffective if and
to the extent that the same, if effective, would so disqualify such
share or interest. The provisions of the Section shall also apply to
the deceased Trustmaker's probate estate, personal representative and
all beneficiaries, devisees and legatees. Notwithstanding any other
provision in this trust agreement to the contrary, the surviving
Trustmaker at any tine shall have the right to direct our Trustee, in
writing, to convert, within a reasonable time, any unproductive trust
property to income producing property.
Section 4. Manner of Disclaimer and Valuation
The following terms shall govern our Trustee in the manner of
disclaiming trust assets and any property that becomes distributable
or payable to our Trustee at the deceased Trustinalcer's death, and in
the valuation of such assets.
a. Property Disclaimed
The surviving Trustmaker may disclaim any property held or
distributed to or for the benefit of the surviving Trustmaker under
this trust agreement. In addition, the surviving Trustmaker may
disclaim any non-trust property passing to or for the benefit of the
surviving Trustmaker from the deceased Trustmaker's estate. Any
disclaimed interests in trust property shall be distributed to the
Family Share.
8-2
b. Time to Disclaim
The surviving Trustmaker should disclaim within nine (9) months of
deceased Trustmaker's death or otherwise within the time limits and
under the conditions permitted by the laws regulating disclaimers.
c. Delivery of Disclaimer to Our Trustee
A disclaimer by the surviving Trustmaker may be exercised by the
delivery to our Trustee of a writing setting forth an irrevocable and
unconditional refusal to accept a specific asset, or assets or a portion
thereof, a pecuniary amount, or all property interests passing to the
surviving Trustmaker of the Marital Share.
d. Disclaimer of Marital Share
If the surviving Trustmaker exercises a disclaimer with respect to any
or all property set aside as the Marital Share, or to property interest
passing directly to the surviving Trustmaker, such disclaimed interest
shall be distributed to the Family Share in accordance with Section 2
of this Article.
e. Disclaimer of Family Share
If the surviving Trustmaker exercises a disclaimer with respect to any
of all property distributable to the Family Share, such disclaimed
interest shall be distributed under the relevant terms of this
agreement as though the surviving Trustmaker had predeceased the
deceased Trustmaker.
f Disclaimer of Specific Assets
The surviving Trustmaker may disclaim specific assets or any
portion thereof.
g. Disclaimer of Pecuniary Amount
The surviving Trustmaker may disclaim a pecuniary amount. In that
event, our Trustee may in its sole and absolute discretion, make
allocations in cash or in kind or in undivided interests, or in any
proportion thereof of the trust property to the Family Share. The
8-3
assets selected to satisfy the pecuniary amount shall be valued as of
the date or dates of distribution.
h. Disclaimer by Agent and Attorney-in-Fact
An agent and attorney-in-fact may exercise a disclaimer on behalf of
the surviving Trustmaker. Our Trustee is directed to distribute any
trust property disclaimed by the agent and attorney-in-fact of the
surviving Trustmaker to the Family Share.
8-4
Andrews, Jessica
From: Sue Strauslin <sstrauslin@msn.com>
Sent: Monday, December 4, 2023 4:41 PM
To: Andrews,Jessica
Subject: RE: Special Permit application for Bed & Breakfast
Yes, I agree.
Thank you
Susan
From:Andrews,Jessica <Jessica.Andrews@hawaiicounty.gov>
Sent: Monday, December 4, 2023 4:13 PM
To: sstrauslin@msn.com
Subject: RE: Special Permit application for Bed & Breakfast
Aloha Ms. Strauslin,
I wanted to check back with you to see if you agree with the modified request, as noted in my earlier email. If you have
any questions or concerns, please let me know.
If you agree with modifying the request as noted, please reply to this email as soon as possible.
Thanks,
Jessica
From:Andrews,Jessica
Sent:Tuesday, November 28, 2023 10:47 AM
To: 'sstrauslin@msn.com' <sstrauslin@msn.com>
Subject: Special Permit application for Bed & Breakfast
Aloha Susan Strauslin,
Following up on this application, I wanted to confirm some details regarding the request. Since building permit records
show there are 5 bedrooms in the existing dwelling, rather than 6,the number of guest bedrooms to be used for the Bed
& Breakfast will be limited to 4 bedrooms. Specifically, referring to the floor plan submitted with the original
application, guest bedrooms are identified as bedrooms 1 & 2 on the first floor and 3 &4 on the second floor.
Additionally,the total number of guests will be 8, or 2 guests per bedroom.
Please reply to this email with written confirmation if you agree with modifying the request as stated.
Thank you,
Jessica
Jessica Andrews, Planner V
County of Hawai'i
Planning Department
1
101 Pauahi Street,Suite 3
Hilo, Hawai'i 96720
(808)961-8155
County of Hawai'i General Plan 2045
Planning for a Sustainable Future
Project Website: cohplanning.konveio.com
2
JOSH GREEN,M.D. �o KENNETH S.FINK,M.D,MGA, MPH
GOVERNOR OF HAWAII �r css y ❑IRECTOR OF HEALTH
KE KIA'AINA O KA MOKU'AINAO HAWAII KA LUNA HO'OKELE
I i
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.BOX 916
HILO, HAWAII 96721-0916
MEMORANDUM
DATE: November 6, 2023
TO: Mr. Zendo Kern
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Special Permit Application (PL-SPP-2023-000055)
Applicant: Susan Strauslin
Request: To Allow a Five-Bedroom Bed& Breakfast Establishment Within an
Existing Single-Family Dwelling
Tax Map Key: (3) 2-7-038:004; South Hilo, Hawaii ,
In most cases,the District Health Office will no longer provide individual comments to
agencies or project owners to expedite the land use review and process.
Agencies, project owners, and their agents should apply Department of Health "Standard
Comments"regarding land use to their standard project comments in their submittal.
Standard comments can be found on the Land Use Planning Review section of the
Department of Health website: https:!:'healtli.hawaii.gov/epo/landuse/. Contact
information for each Branch/Office is available on that website.
Note: Agencies and proiect owners are responsible for adhering to all applicable
standard comments and obtaining proper and necessary permits before the
commencement of any work.
General summary comments have been included for your convenience. However, these
comments are not all-inclusive and do not substitute for review of and compliance with all
applicable standard comments for the various DOH individual programs.
Clean Air Branch
1. All project activities shall comply with the Hawaii Administrative Rules (HAR),
Chapters 11-59 and 11-60.1.
Planning Dept.
Exhibit 2
Zendo Kern
November b, 2023
Page 2 of 4
2. Control of Fugitive Dust: You must reasonably control the generation of all
airborne,visible fugitive dust and comply with the fugitive dust provisions of
HAR §11-60.1-33. Note that activities that occur near existing residences,
businesses, public areas, and major thoroughfares exacerbate potential dust
concerns. It is recommended that a dust control management plan be developed
which identifies and mitigates all activities that may generate airborne and visible
fugitive dust and that buffer zones be established wherever possible.
3. Standard comments for the Clean Air Branch
are at: litti2s://health.liawaii.gov/epo/landuse/
Clean Water Branch
1. Al project activities shall comply with the HAR,Chapters 11-53, 11-54, and 11-55.
1. The following Clean Water Branch website contains
information for agencies and/or project owners who are
seeking comments regarding environmental compliance for
their projects with HAR, Chapters 11-53, 11-54, and 11-55:
https:/ihealth Jtawaii.gov/cwb/clean-water-branch-hotne-
page/cwb-standard-comments/.
Hazard Evaluation & Emergency Response Office
1. A Phase I Environmental Site Assessment(ESA) and Phase II Site Investigation
should be conducted for projects wherever current or farmer activities on site may
have resulted in releases of hazardous substances, including oil or chemicals.
Areas of concern include current and former industrial areas, harbors, airports,
and formerly and currently zoned agricultural lands used for growing sugar,
pineapple or other agricultural products.
2. Standard comments for the Hazard bvaivation c Fmergency Response Office
are at: littps://health,hawaii.gov/epo/Ianduse/.
Indoor and Radiological Health Branch
1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11-
542,
11-503, and 11-504.
2. Construction/Demolition involving Asbestos: If the proposed project includes
renovation/demolition activities that may involve asbestos,the applicant should
contact the Asbestos and Lead Section of the Branch at
https://health.hawaii.gov/irlib/asbestos/`.
Safe Drinking Water Branch
1. Agencies and/or project owners are responsible for ensuring environmental
compliance for their projects in the areas of 1) Public Water Systems; 2)
Underground Injection Control; and 3)Groundwater and Source Water Protection
in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 1I-
Zendo Kern
November b, 2023
Page 3 of 4
25. They may be responsible for fulf ding additional requirements related to the
Safe Drinking Water program: Imps://health.hawaii.govlsdwbl.
2. Standard comments for the Safe Drinking Water Branch can be
found at: littps:llhealth.liawaii.gov/epo/landuse/.
Solid & Hazardous Waste Branch
1. Hazardous Waste Program - The state regulations for hazardous waste and used
oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the
identification, handling, transportation, storage, and disposal of regulated
hazardous waste and used oil.
2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters
339D, 342G, 342H, and 3421, and HAR Chapters 1 1-58.1 and 1 1-282.
Generators and handlers of solid waste shall ensure proper recycling or disposal
at DOH-permitted solid waste management facilities. If possible,waste
prevention, reuse, and recycling are preferred options over disposal. The Office
of Solid Waste Management also oversees the electronic device recycling and
recovery law, the glass advanced disposal fee program, and the deposit beverage
container program.
3. Underground Storage Tank Program —The state regulations for underground
storage tanks are in HAR Chapter 11-280.1. These rules apply to the design,
operation, closure, and release response requirements for underground storage
tank systems, including unknown underground tanks identified during
construction.
4. Standard comments for the Solid& Hazardous Waste Branch can be
found at: https:llHealth.hawaii.govlepoAandusel.
Wastewater Branch
For comments,please email the Wastewater Branch at doh.wwb a doh.hawaii.gov.
Sanitation 1 Local DOH Comments:
1. "Bed and Breakfast establishment" means a single-family dwelling, including a single
guest house, in which overnight accommodations and only breakfast meals are
provided, and the number of guests does not exceed six(5).
2. "Potentially hazardous food" means any food that consists, in whole or in part, of milk
or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other
ingredients, including synthetic ingredients in a form capable of supporting rapid and
progressive growth of infectious or toxigenic microorganisms. The term does not
include foods that have a pH level of four and six-tenths or below or a water activity
(aw)value of eighty-five hundredths or less.
3. When required by the County Planning Department, Bed and Breakfast establishments
may request documentation from the Department of Health. The Department of Health
will provide documentation to the Planning Department once written communication
Zendo Kern
November b, 2023
Page 4 of 4
from the Bed and Breakfast operators are received regarding their food service
operations.
4. If the proposed Bed and Breakfast meal consists of commercial cereal,pastries (except
custards or cream filled), breads, fruits, coffee, tea, and juice, a food establishment
pen-nit will not be required from the Department of Health at this time. This limited
menu must be documented in a letter to the Department of Health. The guests shall be
informed by statements contained in published advertisements, mailed brochures, and
placards posted at the registration area that the food is prepared in a kitchen that is not
regulated and inspected by the Department of Health.
S. For Bed and Breakfast operations that provide meals which include potentially
hazardous foods, a food establishment permit will be required to operate. County
landuse approval for operating a food establishment may also be required. A kitchen
used to prepare foods for individual family consumption will not be allowed to be
permitted. A separate commercial kitchen will need to be constructed.
Other
1. CDC - Healthy Places- Healthy Community Design Checklist Toolkit
recommends that state and county planning departments, developers, planners,
engineers, and other interested parties apply these principles when planning or
reviewing new developments or redevelopment projects.
2. If new information is found or changes are made to your submittal, DOH reserves
the right to implement appropriate environmental health restrictions as required.
Should there be any questions on this matter, please contact the Department of
Health, Hawaii District Health Office, at(808) 933-0917.
Mitchell D. Rath Ramzi 1, Mansour
Mayor ;.
Di►•eclor
Lee Lard �' r` Brenda Iokepa-Moses
t C F•µ+.AL
Managing Director Deputy Director
County of Hawaii
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuanao`a Street,Suite 41 'Hilo,Hawaii 96720 •cohdemC)hawaiicounty.gov
Ph: (808)961-8083' Fax: (808)961-8086
MEEMORANDUM
TO: Zendo Kern, Director
Planning Department
FROM: Rom I. Mansour, Directch4�
Department of Envrrontnentai Management
DATE: November 9,2023
SUBJECT: Special Permit Application(PL-SPP-2023-000055)
Applicant: Susan Strauslin
Request: To Allow a Five-Bedroom Bed & Breakfast Establishment Within an
Existing Single-Family Dwelling
Tax Map Key; (3) 2-7-038:004; South Hilo,Hawaii
The Solid Waste Division has reviewed the subject application and provides the following
comments (Contact the Solid Waste Division for more details):
• Commercial operations, State and Federal agencies, religious entities and non-profit
organizations may not use transfer stations for disposal.
• Ample room should be provided for rubbish and recycling.
• Green waste may be transported to the green waste sites located at the West Hawai`i
Organics Facility and East Hawaii Organics Facility, or other suitable diversion
programs.
• Construction and demolition waste is prohibited at all County Transfer Stations.
The Wastewater Division has reviewed the subject application and provides the following
comments (contact the Wastewater Division for details):
■ Located approximately 0.2 miles from nearest Hawaii County Sewer System. Applicant
shall follow Hawaii Department of Health, and all other applicable federal, state, and
county regulations.
Planning Dept.
Exhibit 3
County of Hawaii is an Equal Opportunity Provider and Employer
Mitchell D. Roth SY•gF+r Dealula S. Sako
; Finance Director
Diane Nakagawa
e•-. — Deputy Director
+f•i��+4 V4� r�
County of Hawaii
DEPARTMENT OF )FINANCE -REAL PROPERTY TAX
Atipuni Center ■ 101 1'aualii Street ■ Suite No.4 ■ Hilo.Hart ai'i 96720-4679 • Fax(808)96 1-8415
Appraisers(808)961-8354 • Clerical(808)961-8201 ■ Collections(808)96 1-8282
Wcst Ilan ai-i Civic Center • 74-5044 Ane Keohokalolc Il v. • 131dg.D,2nd rh. • Kailua Kona.Ilanai`i 96740
Fax(808)327-3538 • Appraisers(808)323-4881 • Clerical(808)323-4880
Date: 11/6/2023 Tax Map Key: 2-7-038-004-0000
To: Planning Director
From: Real Property Tax Office
Subj: Request for Comments and/or Review
Comments from the Appraisal Section-
® Property is receiving agricultural use value
❑ Property is dedicated to agricultural use
❑ Possible rollback taxes
❑ There are no comments at this time
Remarks:
Appraiser to Contact: Saesha Hanselman Phone: (808) 961-8857
Comments from the collection section:
® Status of real property taxes:
® Current
❑ Delinquent / Amounts $
Amount includes tax, penalty & interest up to
Remarks: Real property taxes are paid for up to December 31, 2021
Collection personnel to contact: Shanayd Wusstiq
Phone: 808-961-8347
Planning Dept.
Exhibit 4
Hawai`i Coz.znt,is an Equal Opporlunitl,Yrovidcr and Ewployer
yQ µ'ATF,k y'
•iJ i•
DEPARTMENT 4F WATER SUPPLY COUNTY OF HAWAVI
`1At. 345 KEKUANAO'A STREET, SUITE 20 HILO, HAWAI'I 96720
TELEPHONE (808)961-8050 • FAX(808)961-8657
November 22, 2023
GGH P11 f-rNNIA G DEPT
TO: Mr. Zendo Kern, Director NOV 27 2023 N,, :57
Planning Department RECD Hq.N_D DELIVERED
FROM: Keith K. Okamoto, Manager-Chief Engineer
Subject: Special Permit Application (PL-SPP-2023-000055)
Applicant—Susan Strauslin
Request—To Allow a Five-Bedroom Bed and Breakfast Establishment Within an
Existing Single-Family Dwelling
Tax Map Key 2-7-038:004
We have reviewed the subject application and have the following comments and conditions.
Please be informed that the subject parcel is currently served by one (1) existing 5/8-inch meter
(Account No. 46047980, which is allotted one [1] equivalent unit of water). For your information,
one(1) unit of water is equal to a maximum daily usage of 600 gallons, which is suitable for only one
(1) single-family dwelling.
The Department has noted that the usage for Account No. 460-47980 over the past year is
` approximately 990 gallons per day (gpd) which is equivalent to three (3) units of water. The maximum
1 amount of water that can be made available to the subject parcel, is one(1) unit of water or an average
of 400 gpd.
We have no objection to the establishment of a bed and breakfast on the subject parcel;however, we
request that the applicant reduce current water use and/or implement stringent water conservation
methods to permanently reduce water use to a maximum of one(1) unit of water or maximum daily
usage of 600 gallons.
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,
41
Keith K. Okamoto, P.E.
Manager-Chief Engineer
TS:dfg
copy —Ms. Susan Strauslin
Planning Dept. , , , °dater, Our9lost(Precious WSsource . . . Kq Wai_A ?bane. . .
Exhibit 5 The Department of Water Supply is an Equal apportunity provider and employer.
To: Mr. Zendo Kern, Director Planning Dept December 5, 2023
And
Keith K Okamoto, Manager-Chief Engineer, Dept of Water
Subject: Special Permit Application PL-SPP-2023-000055
Applicant—Susan Strauslin
Request—to allow a 4 bedroom Bed and Breakfast
Tax Map Key—2-7-038:004
Response to concerns about water usage
We are aware our usage has been high and the reason is keeping animals watered from house water
during drought times and before we get our new catchment tank operational. In addition,the
construction/remodel of the home during the past 3 years has demanded extra water for workers and
cleaning equipment. We have a farm with cows, pigs, sheep, goats and chickens. They do consume a
lot of water. Currently we have to run hoses to have water available for animals in the upper pasture
and sometimes the hoses leak. We try to make sure the water source is off when we are not filling their
basins. The construction is winding down so that will help in lowering usage. The B&B usage will
definitely be lower than what has been due to the construction/remodel.
Also, we are in the process of getting a 20,000 gallon catchment tank operational, which will allow us to
use that water to water half of the animals. This will help tremendously to keep the water usage from
the public source to a minimum. We will also look into another catchment tank for the lower pastures.
I would hope we would be allotted some extra water to ensure our animals have proper hydration. 1
unit (for a single-family dwelling) should be adjusted to at least, 2 to allow for the animals. I would
request that no limit be placed as we don't want to be in a situation that the animals can't be watered.
Sincerely,
Susan Strauslin
Planning Dept.
Exhibit 6