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TORKILDSON KATZ <br /> A LAW CORPORATION <br /> 120 PAUAHI STREET,SUITE 312 <br /> HILO,HAWAI'I 96720-3048 <br /> TELEPHONE(808)961-0406•FACSIMILE(808)961-3815 <br /> LINCOLN S.T.ASHIDA <br /> DIRECT DIAL: (808)747-8317 <br /> E-MAIL:LSAO.TORKILDSON.COM <br /> July 22, 2024 <br /> Filed via EPIC <br /> Honorable Dennis Lin <br /> Chair, Windward Planning Commission <br /> Aupum Center <br /> 101 Pauahi St., Ste. 3 <br /> Hilo, HI 96720 <br /> RE: Special Management Area Use Permit Application (PL-SMA-2023-000046) <br /> Applicant: Black Sand Beach LLC <br /> Request: Development of a Residential and Commercial Community <br /> Consisting of Approximately 225 Residential and Short Stay <br /> Units,Village and Wellness Center, Retail Uses,Rehabilitation of <br /> Golf Courses, and Dedication of a Portion of Coastline as a <br /> Conservation Area <br /> TMKs: (3) 9-5-019:011, 015, 024, 026, 030, 031, 033,035; 9-6-001:001-003, <br /> 006, 011-013; 9-6-002:008, 037, 038, 041, and 053,Ka u,Hawai i <br /> Case No. PL-CCH-2024-000023 <br /> Dear Chairman Lin and Commission Members: <br /> As you know, our office represents Applicant Black Sand Beach LLC ("Applicant"or <br /> "Black Sand Beach") in proceedings currently pending before the Windward Planning Commission <br /> ("WPC"or"Commission"). At the onset,we thank the Commission for its service and due <br /> consideration of this project that is destined to restore needed infrastructure and repair to the <br /> Punalu'u area of our Hawaii Island. <br /> We received a copy of the letter dated July 5, 2024,to the Association of Apartment Owners <br /> of Colony I at Sea Mountain ("Colony P'),representing that the Commission will"consider and take <br /> action on the Petition for Standing in a Contested Case Hearing" at the August 1, 2024, meeting of <br /> the WPC. The letter goes on to say that the Commission"failed to act"on the Colony I petition at <br /> the WPC meeting held on May 6, 2024. Black Sand Beach disagrees the WPC failed to take <br /> appropriate action at its May 6 meeting. <br /> The May 6,2024 minutes correctly reflect the WPC took action <br /> A review of the minutes from the May 6,2024, WPC meeting reveals the Commission in fact <br /> took action by virtue of its failure to affirmatively grant standing to Colony L The minutes provide <br /> in pertinent part as follows (emphasis supplied): <br /> HONOLULU OFFICE•700 BISHOP STREET,15TH FLOOR HONOLULU•HAWAI'196813-4187•TELEPHONE(808)523-6000•FACSIMILE(808)523-6001 <br /> 3335914vl <br />