2024-10-11 Board of Appeals Minutes

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[SEE YOUTUBE TIMESTAMP 2:17:20] Chair Lewis requested closing statements from all parties beginning with Mr. Simon, followed by Mr. Murakami, then Ms. Bailey. At 11:56 a.m. the board took a short recess, and the hearing was called back to order at 12:09 p.m. [SEE YOUTUBE TIMESTAMP 2:38:31] Board Member Aguiar requested for an extended recess to have a discussion with their attorney. At 12:10 p.m. the board took a recess, and the hearing was called back to order at 12:38 p.m. [SEE YOUTUBE TIMESTAMP 3:08:09] Vice Chair Saiki motioned for case PL-BOA-2024- 000104 to affirm the Planning Director's decision, it was not clearly erroneous, was not arbitrary or capricious, nor an abuse of his discretion; Board Member Trefethen seconded. Members briefly discussed the matter. A roll-call vote was taken, and the motion passed with seven ayes (Saiki, Trefethen, Able, Aguiar, Martin, McNamarra, Lewis). [SEE YOUTUBE TIMESTAMP 3:11:30] Vice Chair Saiki motioned for case PL-BOA-2024- 000105 to affirm the Planning Director's decision in docket number 24-0001, in that the decision was not clearly erroneous, was not arbitrary or capricious, nor an abuse of the Planning Director's discretion; Board Member McNamarra seconded. Members briefly discussed the matter. A roll-call vote was taken, and the motion passed with seven ayes (Saiki, McNamarra, Able, Aguiar, Martin, Trefethen, Lewis). [SEE YOUTUBE TIMESTAMP 3:14:02] Ms. Sylvia Wan, Deputy Corporation Counsel for the Board, requested that the appellee prepare the order and file it with the Board no later than November 13th and the appellant and intervenor can file any objections no later than November 29th. The order will be agendized for the December 13th hearing in Kona. This item concluded at 12:47 p.m. MINUTES [SEE YOUTUBE TIMESTAMP 3:16:26] A motion was made by Board Member Martin to approve the hearing minutes of August 9, 2024, as circulated. The motion was seconded by Board Member Trefethen. No discussion occurred. An all-in favor vote was taken, and the motion passed unanimously. ADMINISTRATIVE MATTERS Status of appeals filed on Board of Appeals decisions—Corporation Counsel Ms. Wan reported on the Board of Appeals decisions regarding a Kona filing 3CCV-22-0000049, which is set for a bench trial hearing in May 2025. A recent decision, 3CCV-23-000100 involving Ms. Rohr, was affirmed by the Circuit Court on September 12, 2024. Staff will reach out to Ms. Rohr and all parties to schedule a new hearing date. The Rosehill case, which has been affirmed by the Supreme Court regarding the Land Use Commission decision, consists of seventeen plus BOARD OF APPEALS Minutes of October 11, 2024 5