HomeMy WebLinkAbout2022-07-21 Leeward Exh C (Public Testimony re Items 2 Bolton REMAND SPP 16-000188) LEEWARD PLANNING COMMISSION
COUNTY OF HAWAII
TESTIMONY TRANSCRIPT
JULY 21, 2022
Public testimony of Carol Fuller regarding the matter of BOLTON, INC. (REMAND SPP 16-
000188) was heard at 10:28 a.m. in the West Hawaii Civic Center, Community Center, Building
G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii, with Chairman Michael Vitousek
presiding.
COMMISSIONERS PRESENT: Michael Vitousek, Barbara DeFranco, Michael Dela Cruz,
Clement"CJ" Kanuha III, and Zaheva Knowles
ABSENT AND EXCUSED: Mahina Paishon-Duarte and Faith"Faye" Yates
EX-OFFICIO MEMBER: Robyn Matsumoto (Department of Public Works)
ALSO IN ATTENDANCE: Malia Kekai, Esq. (Counsel for the Commission),
Jean Campbell, Esq. (Counsel for the Planning Department), Zendo Kern (Planning Director),
Jeffrey Darrow (Deputy Planning Director), Maija Jackson (Planning Program Manager),
Christian Kay (Planner), Jessica Andrews (Planner), Janice Hata(Zoom host), and Noriko Sauer
(Commission Secretary)
APPLICANT: BOLTON, INC. (REMAND SPP 16-000188)
Hawaii Supreme Court December 2, 2021 Opinion held that the withdrawal of Special Permit
SPP No. 16-000188 was improper and remanded Special Permit SPP No.
16-000188 back to the Leeward Planning Commission for further proceedings consistent with its
Opinion. The Leeward Planning Commission will hold a hearing to determine standing for a
contested case for application for a Special Permit to allow for a base yard/staging yard for
equipment, storage of materials, stock piling and crushing of natural materials for commercial
use and a security dwelling situated on a 9.23-acre portion of a 23.738-acre property situated
within the State Land Use Agricultural District. The property is located at 75-476 Hualalai Road,
approximately 700 feet east of its intersection with Queen Ka`ahumanu Highway, Kahului 1st,
North Kona, Hawaii, TMK:7-5-017:044.
Secretary's Note: "—" indicates indiscernible speech due to internet/technical difficulties or
simultaneous talk.
VITOUSEK: Next under agenda Item 2, Carol Fuller.
FULLER: Good morning, everybody, my name is Carol Fuller and I've been community
member here for almost 40 years. A retired teacher from Kahakai and Konawaena Elementary.
I'm here today to talk about Item number 2. We're meeting here today and hopes that the LPC
will do the right thing and correct a breach and protocol made many years ago by Duane Kanuha,
the then Planning Director. That one error has cost hundreds of people on going grief over the
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course of many, many years. That error opened the floodgates for Bolton to skirt around the
issue of what is allowed on Ag land and just do as he please with no regard for his surrounding
neighbors and no regard for the laws that everybody else follows.
We are the neighbors that have endured Bolton's shenanigans. Look at the photos. Would you
like live next door to this? Dust clouds can be seen here, but we cannot hear the excessive noise
and feel the torturous vibrations that have continued for years. This noise and these vibrations
and the clouds of dirt and dust have emanated from his property and entered directly into our
homes. Our once beautiful, peaceful neighborhood has been shattered by one man's greed and
arrogance. A flood channel is desperately needed to control the flooding of Wai`aha Stream
which runs through his property. Bolton again, uses the guise of doing much needed flood
control work to obtain County permits. Instead of doing the flood work those permits were put
in an umbrella of false legality over his ongoing rock crushing business.
His land has been grubbed and scraped clean of vegetation. When flooding Wai`aha Stream runs
through his plain dirt landscape and ends up entering our bay at Kona Tiki's. The runoff carries
this unchecked soil creating brownouts in Kailua Bay impacted our sea life and restructure in
addition to the endangering the health and safety of hundreds of ocean enthusiasts. I'm not
going to address the long list of other illegal activities currently being conducted on Bolton's Ag
land. I'm not going to list all the code violations that were found recently by County inspectors.
I'm not going to talk about the massive eyesore of an illegal heavy equipment base yard. All of
these infractions are now finally a matter of public record.
I am going to be watching to see how the Leeward Planning Commission remedies this error. I
along with all my neighbors will be watching to see how this issue is corrected. It's time to set
things straight we've had enough of Bolton. Thank you.
VITOUSEK: Thank you for your testimony.
The testimony ended at 10:33 a.m.
Respectfully submitted,
Melissa Dacayanan-Salvador
Secretary to Boards and Commissions
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