PL-SPP-2022-000016 EJ Paterson Testimony 01.02.23

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From: EJ To: WPCtestimonv Subject: Concerning Special Permit Application PL-SPP-2022-000016 Date: Monday,January 2,2023 9:53:47 AM Date: January 2, 2023 To: Hawai'i County Planning Department and Windward Planning Commission From: Emeline Jeanne (EJ)Paterson, Neighbor Concerning Special Permit Application PL-SPP-2022-000016 Re: Written Testimony for January 6th Planning Commission Meeting Opposition to the issuance of this special use permit. I previously had submitted testimony expressing concerns over traffic and concern for the health and safety of visitors to a non-code compliant facility, with the hope matters could be resolved. Recent incidents and information have led me to now completely oppose issuance of special use permit for the present ownership/management. Since the property is listed for sale, I also am opposed to the issuance of such permit without knowing the intent of any future owner. I have lived on the Red Road since 2005. As a long-term resident and now the oldest of four generations with an interest in our family land and residence, I would like to state our family opposition to the issuance of this proposed special use permit for these reasons: 1. It is a completely unnecessary and potentially economical unhelpful addition to the area. The Red Road area has two centers: Hawai'i Volcano Circus at Space,recently awarded a Puna Strong grant, and Kalani now reorganized. In addition to offering to visitors and residents numerous classes, activities and, in Kalani's case, lodging, both are part of the Vibrant Hawai'i hub network offering community classes, services, and food distribution as well as working together to create CERT, Neighborhood Watch and disaster support programs. Granting the proposed special permit would dilute the efforts of these most effective centers without offering meaningful employment in the area. 2. Demonstrated violations by ownership/management coupled with less than adequate county enforcement of regulations. Over the years I have seen the county refused entrance to inspect and to assess compliance with code as well as the forgiveness of non-compliance by the county for unsubstantiated financial hardship. As a former state investigator I find it unacceptable to void code compliance for a commercial entity. Ecotourism should not mean substandard. In addition to on-site visitor vulnerability a code-related incident could adversely impact the reputation of other area establishments. The owner/management has continually offered services despite the county's requirement that services be suspended until code requirements are met. 3. Undue burden of neighboring residents. Individual residents, having had to endure crowds, road congestion and noise, finally filed complaints with county. The investigations and finally a notice of violations took over 3 years with still no resolution and violations continue to occur. If the special use permit is granted, the burden of non- compliance continues to be borne by residents, not the county. Recent actions strongly suggest problems will continue to occur. (Why was notice of application first posted