Loading...
HomeMy WebLinkAbout2021-02-04 Windward Exh A (Public Testimony SPP 20-000220) WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT FEBRUARY 4, 2021 Public testimony regarding the application of KIRPAL MEDITATION AND ECOLOGICAL CENTER LLC (SPP 20-000220) was called to order at 9:08 a.m. via live-stream online meeting, with Chairperson John Replogle presiding. COMMISSIONERS IN ATTENDANCE: Dean Au, Gilbert Aguinaldo, Joseph Clarkson, Thomas Raffipiy and John Replogle. ALSO IN ATTENDANCE: Malia Hall, Esq. (Counsel for the Commission), Zendo Kern, (Planning Director), Jeff Darrow (Deputy Planning Director), John Mukai, Esq. (Counsel for the Planning Director), Maija Jackson (Temporary Assignment Planning Program Manager), Tracie-Lee Camero (Planner), Rachelle Ley (Secretary to the Planning Director), and Melissa Dacayanan-Salvador (Windward Planning Commission Secretary). APPLICANT: KIRPAL MEDITATION AND ECOLOGICAL CENTER, LLC (SPP 20-000220) Application for a Special Permit to legitimize the operation of a meditation and ecological center and retreat on 10 acres of land situated within the State Land Use Agricultural District. The subject property is located at 13-260 Pohoiki Road, approximately 0.5 miles west, or mauka, of the intersection with Kalapana-Kapoho Beach Road, Pohoiki, Puna, Hawaii, TMK: (3) 1-3- 008:005. Secretary's Note: "—" indicates that there were technical and/or internet difficulties, which made the conversation inaudible. REPLOGLE: Statements from the public, first we have Tim Lloyd is Tim here please. LLOYD: I'm here. Can you hear me everybody? REPLOGLE: I can hear you but I can't see you. So. LLOYD: I was not able to get this function through to Cisco services — REPLOGLE: Okay. LLOYD: —to a website so I have to do this through a cell phone. REPLOGLE: Okay. Would you please raise your right hand — LLOYD: I'm raising my right hand. 1 EXHIBIT A REPLOGLE: —Do you swear to tell the whole truth, do you swear to tell to affirm to tell the whole truth on this matter before the Windward Planning Commission? LLOYD: I do. REPLOGLE: Thank you, you may proceed. LLOYD: Okay, I, Timothy Lloyd is opposed to the Kirpal Meditation and Ecological Center (KMEC). The founder has not been in compliance with the basic land use and building codes and has no intention of doing so unless to be forced by lawful government or by lawsuits. This is the reason why I'm here today. I am the Property Manager for Keri, the uphill property adjacent to Kirpal. I'm wanting to put up a fence to keep pigs out and there's a structure on the property line or over the property line. Having lived at Kalani Honua I'm also concern about the safety of the females and local interactions involving them. There have been many instances where local males have been seen looking into and trying to interact with the female guests at KMEC. To my knowledge there is no known security measures in place to keep anyone from walking in. It currently takes forty-five (45) minutes under normal driving conditions to get from KMEC to Pahoa. Police and ambulances services usually take longer. Another concern is noise for myself, I am a farmer and I use a weed whacker on Keri's property I was asked to stop or to move to a different location because of a class being held in the yoga hale which I believe is structure number twenty (20) structure 20. Which is also happens to be in the 20-foot setback on Agricultural (Ag) land. In the past, I've been working to maximize my sound, minimize my sound impact to be respectful to my neighbors. All the land in this parsec is designated Ag. What if everyone else on Pohoiki Road decides to set up a retreat center like KMEC? Are they all going to get approved? The KMEC establishment has been aware of their buildings being within the setback for many years now and have taken no physical action to move them. Trying to get approval for a Special Use permit to extend their time to move them in in my way in opinion is a farce. KMEC has tried to negotiate with Keri and myself but only to their benefit with no realistic solutions. The questions I have is why is there thirteen (13) sheds? Why is it the map not to scale and why are not all of the current existing structures shown in their current locations? I'm referring to a layout that was hand-sketched with numbers on it and distances and these are not accurate by any means and it also speaks to the Planning Department. Putting a name on a structure doesn't mean that it's currently what its being used for as stated by on these sheds. It has been stated by Mr. Sussman he has no intention quote unquote "by moving building twenty- one (21) and remove or demolish sheds in the setbacks when he gets around to it in a few years after he gets a Special Use permit. REPLOGLE: Excuse me Mr. Lloyd. Excuse me. LLOYD: Go ahead, yes. REPLOGLE: Could you repeat what you just said in that last I would say maybe three sentences you cut out on us so we don't know what you said it had to do with the structures and distancing. 2 EXHIBIT A LLOYD: Okay, I'll start, the other question I have is why is there 13 sheds? Why is the map not to scale and why are not all of the current existing structures shown in their current locations? If you look at the plot plan the distances between each of the structures is not to scale whatsoever and also the location of the buildings that are in the plot plan proposed are not where they are currently located. There building number seven (7), nine (9), twenty-two (22) and 21 are in with a 20-foot setback and the paper it shows different. If you look at those distance numbers and the size of the structures it's not as accurate whatsoever. Okay, moving on it is also— REPLOGLE: Thank you. LLOYD: —Yeah, okay. It also has been stated by Mr. Sussman. Putting a name on a structure doesn't mean that is what it is currently being used for. It's been stated by Mr. Sussman that he has no intention and I quote this from him directly of moving building number 21 and will move or demolish sheds in the setback when he gets around to it in a few years after he gets a Special Use permit. To me, this does not sound like someone who really cares about his neighbors. Until KMEC complies with the basic building requirements I'm opposed to just legitimizing of his operations. In closing the definition of proposal is or proposed which has several documents and also from an attorney the definition is stated from the American Heritage Dictionary to put forward for consideration. So I'll say that again to put forward for consideration. KMEC has been operating and building most I'm sorry I believe that KMEC should change the verbiage to ask for permission to continue to operate as usual. Since proposed is for consideration and he has been doing so without these proposals. That's all I have to say on that if there's any questions, please ask. REPLOGLE: Thank you Mr. Lloyd. Are there any questions from my fellow Commissioners for the testifier? LLOYD: I have read all of the documentation presented in this case through the attorney's and applications and the word proposed is use many times for the septic waste involvement, the archaeological survey and all these are done we're saying proposed which means in the future we're asking permission to and everything that's been already done. Listed on this plot plan is already existing or has been taken place prior to getting permission to do so. So, for me words mean a lot of what they say and propose means asking permission for and not after the fact. Also, there was a statement from Mr. Yee's attorney saying that there was no recorded opposition to this filed from the County in May two thousand eighteen (2018) I believe there was a complaint not by us about the illegal use of this operation and no investigation was taken into that according to documentation. Also, stated in one of his testimonies or letters saying that there was no opposition which is not accurate. So, that's something that the Planning Department did not come in and check it on as of 2000 because if the lava flow now that it's open I suggest somebody come and look at this situation on ground and that's all I have to contribute. Mahalo for your time sorry I'm not able to see you visually. 3 EXHIBIT A REPLOGLE: Thank you Mr. Lloyd. So, you're done? LLOYD: Correct. REPLOGLE: Okay, my fellow Commissioners — AU: Mr. Chair I have a question. REPLOGLE: — Oh, okay go ahead, Mr. Au. AU: Thank you Mr. Chair. Mr. Lloyd? LLOYD: Yes. AU: I guess during the staff presentation I'll get to see where your property is but is your you mentioned that you live next to, close by or is or are you adjacent to the KMEC property? LLOYD: I manage the property mauka adjacent to the proposed property. I manage that property and I farm that land there. AU: So, you are not the landowner of that property? LLOYD: Correct. Ms. Margaret Keri Dickie-Clark is the landowner. AU: Okay, thank you for answering the question. LLOYD: Sure. REPLOGLE: Any other questions Commissioners? Okay, thank you. So, we are now going to move on to New Business and item number one is the applicant Kirpal Meditation and Ecological Center is an application for a Special Permit to legitimize the operation of a meditation and ecological center and retreat on ten (10) acres of land situated within the State Land Use Agricultural District. The subject property is located at 13-260 Pohoiki Road, approximately point five (0.5) miles west or mauka of the intersection with Kalapana-Kapoho Beach Road, Pohoiki, Puna, Hawaii, TMK: (3) 1-3-008:005. Okay. JACKSON: Commissioner Replogle? REPLOGLE: Yes, ma'am. JACKSON: Before you start the item, can you please call for a motion to close public testimony? HALL: Thanks, Maij a. 4 EXHIBIT A REPLOGLE: Alright, I will entertain a motion to close public testimony? CLARKSON: So moved that public testimony be closed. AGUINALDO: I second. REPLOGLE: It has been moved by Mr. Clarkson and seconded by Mr. Aguinaldo that public testimony be moved, I'm not moved but closed. All those in favor say aye. CLARKSON: Aye. AU: Aye. AGUINALDO: Aye. RAFFIPIY: Aye. REPLOGLE: Okay, it's been moved and closed. The public testimony ended at 9:20 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary Windward Planning Commission 5 EXHIBIT A