2026-01-15 PL-BOA-2026-000128 Petition

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Statement of the nature of Appeal and the Relief Requested. Include Director's decision and decision date: Trade Winds Productions, Inc. respectfully submits this formal appeal in response to the Notice of Violation and Order (NOVO) dated September 19, 2025, and the Reissue Notice of Violation and Order dated December 4, 2025 concerning alleged violations of HRS §205A-71 and Condition 6 of our approved SMA Use Permit Assessment (PL-SAA-2025-00300). We strongly dispute the allegation that artificial lighting from our production directly illuminated or projected toward the shoreline, ocean waters, or neighboring properties. On October 15, 2025, a formal appeal letter and photographic evidence was sent via certified mail to the Hawaii County Planning Dept. at 101 Pauahi St. Hilo, HI 96720, and by email. All documents and certified mail receipt are attached. Statement of how the Director's decision violates the law; or is clearly erroneous; or is arbitrary or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion: All lighting used during filming was professionally installed, shielded, and directed strictly within the designated film set area. We took extensive care to ensure that illumination did not extend beyond the property boundaries or toward the ocean. Our lighting team followed the same best practices used for controlled outdoor filming nationwide, including downward shielding, beam cut-offs, and light diffusion to avoid glare and overspill. We believe the complaint may stem from the optical effect of viewing elevated production lights from a distance, similar to how stadium or baseball field lighting can appear to shine outward or over water due to height and brightness contrast, even when it is properly directed downward. Such perspective distortion could easily create the impression of outward projection when, in fact, no measurable light trespass occurred. We respectfully question why no courtesy notice, inspection, or citation was issued at the time of the alleged violation. Had we been informed earlier, we would have immediately cooperated and verified compliance through on-site measurements and adjustments. Trade Winds Productions has consistently maintained open communication with County officials and has worked in good faith to follow all SMA and environmental conditions. Statement of any other relevant facts: We have photo and video documentation of filming that clearly show: - Light beams contained within the property boundary. - No measurable spill or glare extending toward the shoreline or neighboring homes. - The lighting setup being consistent with SMA permit conditions and environmental safeguards submitted in our original application. We remain committed to full cooperation with the County of Hawaii and to protecting the integrity of the coastal environment where we film. Mahalo! If there is insufficient space on this form to provide the information, then please include supplemental documents. \\COH01\planning\public\BOA\Forms and Labels\Application Forms\APPEAL 2021-07 - PL or PW Dir.docx Revised April 2021