2026-01-05 PL-BOA-2026-000127 Petition

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Ahupua'a"[t]o address the concerns of the County of Hawai`i Planning Department regarding the proximity of the cemetery to the project area and to determine the presence (or absence) of burial sites within the project area[.]"ASM Affiliates reported, in January 2024, that"[n]one of the consulted parties knew of any burial sites within the project area."See Exhibit 2, at 52-70. According to the Applicant, Kaimu Cove LLC was informed on December 26, 2023 that it had until June 26, 2024 to comply with the corrective actions required in the Department's Notice of Violation and Order. See Exhibit 3. On or around July 11, 2024, Kaimu Cove LLC submitted an SMA Use Permit application (PL-SMA-2024-000063) for the development of a 5-lot subdivision consisting of parcels at least one-half acre in size, including "the construction of a proposed single-family dwelling and related improvements on each of the proposed lots as determined by the individual lot owners[.]" See Exhibit 3. On September 6, 2024, the Department informed Kaimu Cove LLC that its application (PL-SMA-2024-000063) was scheduled for a hearing by the Windward Planning Commission (the "Commission) on October 3, 2024. Issued in September 2024, the Planning Department's Recommendation Report recommended that PL-SMA-2024-000063 "be approved by the Planning Commission." The recommendation noted, however, "the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing." On October 3, 2024, application PL-SMA-2024-000063 was heard before the Windward Planning Commission. Members of the `Ghana and others in the community submitted written and oral testimony about the historical and cultural significance of subject property and surrounding areas, and their traditional and customary access and gathering practices exercised 8