HomeMy WebLinkAboutPL-SPP-2022-000016 EJ Paterson Testimony 01.02.23 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
behind locked gate invisible from the road and why does it apply for a special permit for
an "education center"with no mention of lodging? And why was an event described to
neighbors as a gathering of friends when in fact the event was advertised to the public
with tickets for sale?)
I therefore, oppose granting of a special permit. If the county chooses to grant a special permit
despite the above-mentioned issues and issues addressed by other neighbors, at the very
minimum such a permit should incorporate the neighborhood suggested revisions/supplements
to the county's proposed conditions for granting a permit.
Mahalo for your consideration
Emeline Jeanne (EJ)Paterson
13-6553 KalapanaKapoho Beach Road
Pahoa,HI96778
808-443-4304
ej.paterson@gmail.com
TMK: 3-1-002-089-0000-000