HomeMy WebLinkAboutPL-SPP-2022-000016 Neighbors P. Tama Testimony 01.02.23 From: Pedro Tama
To: W PCtesti mono
Subject: Jan 6th: PL-SPP-2022-000016
Date: Monday,January 2, 2023 11:27:53 PM
Attachments: NeiohborStatement v12.odf
Kindly see attachment below for Testimony from Neighbors of Special Permit
Application PL-SPP-2022-000016
Date: January 2, 2023
To: Hawai'i County Planning Department and Windward Planning
Commission
From: Neighbors of Special Permit Application PL-SPP-2022-000016
Re: Written Testimony for January 6th Planning Commission Meeting
Neighbors' Statement
As neighbors most impacted by the proposed holistic education center at
Lolia Place, we the 8 undersigned, along with other neighbors and
concerned supporters, wish to state our collective opposition to that project
in our neighborhood. We respectfully request that the Planning
Commission deny this application for a Special Permit and remand
this case to the Board of Appeals.
There are several reasons why we are opposed. Many of us are submitting
individual testimony, each with our own reasons why we are opposed.
We chose to live in this tiny pocket of relatively small Ag-residential lots for
its peace, quiet, and small community neighborliness.
But that has all changed.
In 2014 the applicant bought 24 acres mauka of the Red Road, Kalapana
side of a sleepy Ag subdivision, proceeded to subdivide it with the purpose
of selling off to his friends and "like-minded" buyers 5 lots in order to fund
his own "Lolia Eco Village." The applicant soon began giving classes,
holding "Tantra" festivals, and giving workshops and trainings in the
applicant's specialty "Conscious Sensuality" (
www.conscioussensuality.com ), with many participants coming from the
mainland, and also from eastern Europe where the applicant has a strong
following. Most of these activities were prohibited in Ag zoning and the
main gathering center on the property was a permitted green house that
had been converted illegally to a beautiful festival space that held upwards
of a hundred festival participants, and still does.
In 2017 the applicant built several unpermitted buildings including two
2-story buildings totaling 16 bedrooms, and began renting them out via
airbnb and booking.com and many other websites, and also used them for
overnight accommodations for his workshops.
Begun 8 years ago, Lolia Eco Village, but now re-branded as Hawaii Eco
Retreat, and in the application euphemistically called "retreat center" or
"holistic education center," has in fact been hugely disruptive to this small
community's way of life. Neighbors' complaints, a Notice of Violation and
Order in Dec 2019, 2-1/2 years of frivolous appeals and delays of Board of
Appeals hearings has not deterred the applicant's repeated and ongoing
bad faith disregard of the County Code and its attempts to enforce it.
The situation worsened in 2022 when the applicant purchased the adjoining
18 acres on Kalapana side of his first Lolia Place subdivision, and
subdivided that into 6 more lots to sell that would fund the present
expansion of activities and satisfy the PD conditions in order to gain
approval of the Special Permit; and most important, to avoid the imminent
and pending hearing before the Board of Appeals for the original Violation
and Order three years ago.
The applicant has stated several times that he screens possible buyers of
his lots so that they are "like-minded," and presumably will support the
Applicant's projects. The result is that the applicant has created a
mini-kingdom, with 11 lots, all with the same access through the same
private, gated entry to Lolia Place, all who will potentially support and/or
participate in the center's activities. It's a quite brilliant plan.
For the past 8 years the applicant has brazenly, illegally, and aggressively
proceeded as if Ag zoning and County Code were mere annoyances. This
application now deceptively changes the term "illegal" into "unusual" use.
However, it is not merely an "unusual" use, it is a highly disruptive and
detrimental use for the other residents and property owners of this
community of 32 other lots and 19 residences, of which we are a
representative sample.
If the Special Permit is approved, we are convinced nothing will change for
the neighborhood except there will be a much greater volume of events —
daily, weekends, and weeklong. We recommend that the Planning
Commission deny the application for a Special Permit and remand
this case back to the Board of Appeals where it belongs and where
appropriate legal consequences may be decided.
End of Neighbor's Statement
************
Provisional Recommendation of Neighbor Conditions
In the unfortunate event that the Planning Commission chooses to approve
the application for a Specil Permit, we would like the Planning Commission
to consider the following Neighbor-Recommendations, We submit them
as Revisions and Supplements to the Planning Department
Recommendations, and ask that they be integrated into the conditions that
are part of the Special Permit.
Management: Neighbor-Recommendation Condition 1
We believe that the Applicant, by retaining Land Planning Hawaii LLC
as its consultant/agent, has created the appearance of a conflict of
interest due to what the public may consider the company's close
relationship with the County Planning Director, who started and
formerly owned the company and who currently has a close relative on
the company's staff and we note Hawaii LLC also retained another
former employee of the County Planning Director's prior firm.
Therefore, given the sensitive nature to the public of the permit
application and what seems like significant PD deference to the
applicant heretofore we kindly request the Commission to request the
applicant designate an alternative consultant.
1A. The applicant is mandated to employ the expertise of a different
professional land use or development planner to avoid even the
appearance of a conflict of interest throughout the entirety of the
project, until all planned structures and changes have been finalized
and all conditions met; and to increase the public trust in such a
sensitive yet discretionary role by the planner.
1 B. All plans and construction shall be performed under the direct
supervision of a professional Hawaii licensed contractor in good standing
(as opposed to "Owner-Builder").
2 Right to enter and inspect: Neighbor-Recommendation Condition 2
Applicant shall provide immediate access to the property in a cooperative
manner for the relevant County departments in their exercise of their right
to enter and inspect the premises to ensure all conditions are being met.
Significant or repeated violations of conditions shall result in mandatory
suspension of operations until violations are resolved.
3 Permits First: Neighbor-Recommendation Condition 3
On Oct 12, 2022 the Planning Department wrote to Applicant's agent,
Land Planning Hawaii LLC "...it's come to our attention that a retreat
center with guest accommodations has resumed operations...and is
currently advertising at a new website: http://www.hawaiiecoretreat.com .
... . please provide a letter addressing why the applicant is continuing to
operate guest accommodations after they represented to Planning Dept.
inspectors that operations had ceased. Please include a statement of
understanding that if the Special Permit is approved, the applicant will have
to cease operations until such time as everything is permitted and up to
code." (a 75 PD Background Report) [emphasis added]
On October 21 , Land Planning Hawaii LLC responded: "Due to
financial circumstances the applicant has resumed operating the
retreat center." And so, illegal operations have continued to this day.
Moreover, on P. 6 of the PD Reommendations the State Department of
Health wrote, [We] "highly recommend non-issuance of the permit
until all building and wastewater system violations are resolved."
Why on earth would the PD overrule the State Dept of Health? And with no
justification at all? Isn't health the most basic, important value of all? This is
another example of appearance of conflict of interest between Land
Planning Hawaii LLC and the PD.
Condition 3:
If the Special Permit is approved, the holistic education center must cease
normal operations until such time as all infrastructure conditions (as
recommended by the PD in Recommendations 6, 7, and 8), and all as-built
and change of use building permits are brought up to code and finalized
4 Burden of Proof on County PD and on Applicant for "financial
circumstances": Neighbor-Recommendation Condition 4.
On October 21 , The Land Planning Hawaii stated: "Due to financial
circumstances the applicant has resumed operating the retreat center."
[p.88 PD Background Report]
The Planning Department has accepted, uncritically, the fact that the
Applicant's claim of "financial circumstances" (without evidence, justification
or verification) allows him to continue operations without consequences for
any of his previous violations during the past three years, and to continue
operating the illegal structures for an additional year (see PD Rec 3 and
24). We believe the burden of proof is on the PD to justify why it didn't
request verifying evidence of the "financial circumstances" which allowed
continued operations. This apparent neglect of responsibility by the PD
shows a strong appearance of conflict-of-interest.
We also believe the burden of proof is on the applicant to convince the
Planning Commission that he, the applicant, on the one hand is
experiencing some sort of financial hardship which requires continued
operation of a very small-scale business, while on the other hand is able to
recruit the very large financial resources required to complete the extensive
legitimization conditions and expansion of his center for his Special Permit
project as described in the application.
Condition 4:
Applicant needs to justify and verify to the Commission,with evidence,
how he can claim a financial hardship that requires continuation of his
center's small—scale operations, while at the same time having close at
hand the many hundreds of thousands of dollars necessary to meet the
Plannning Departments Recommendations and to develop his expansive
Special Permit project as described in the application. Applicant shall
provide an end of year audited Balance Sheet or equivalent; a profit and
loss or income-expense statement that can be realistically extrapolated to
the future; and a Business Plan that projects income from operations and
from any other sources, along with projected operating expenses and,
importantly, all expenses related to the PD Recommendations, including
cost estimates or receipts by licensed contractors for each of the segments
of the project, including a detailed cost estimate for the commercial kitchen.
Such financial verification and justification shall be submitted to the
Windward Planning Commission in time for its February regular meeting.
5 Carrying Capacity of Holistic education center:
Neighbor-Recommendation Condition 5:
(Revision amendment to PD Recommendation 10)
From the Application it is clear the project would have a maximum of 22
rooms. It also states (p.4), the "...center would be run by approximately 6
volunteers," who live on-site and would require at least 3 bedrooms.
Moreover, on P.33 of the Application, under Availability of Utilities, it states,
unequivocally: "For anticipated maximum double occupancy of all rooms, at
most, 44 people are anticipated on site." [emphasis added]
PD Recommendation 10 fails to consider that on-site staff and
"approximately 6 volunteer employees" need overnight accommodations.
Therefore, there can only be a certain number of overnight "guests" on site
after subtracting the rooms for on-site volunteers and staff from the 22
rooms available.
We thus propose a revision amendment to PD Recommendation 10 as
follows:
5A. As Represented by the Applicant, retreat events shall be limited to up
to two retreats per month for up to 24 participants per retreat. Should there
be additional rooms available (not counting on-site staff and volunteer
employee rooms), those rooms [however many there are] may be rented to
the public for short-term accommodations for guests. There shall be no
more than 44 persons at one time on the subject property.
(And, Revision amendment to PD Recommendation 12)
5B. Weddings, festivals, concerts, shall be prohibited on the property; and
any events with more than 44 persons on the property shall be prohibited.
6 Limitation of Expansion: Neighbor-Recommendation Condition 6
On the Hawaii Eco Retreat website, under the Volunteer Agreement and
the section on "Accommodations," it states, [You will] "Stay in a sleeping
space, usually a big private tent (8 persons)." Tent??? 8
persons/volunteers? Where was that in the application? Nowhere. Another
example of blatant duplicity by the applicant
In keeping with the maximum number of persons (44) on the property at
one time based on wastewater capacity, potable water capacity and Fire
safety requirements, we recommend
6A. Camping and temporary accommodation shelters shall be permanently
prohibited.
613. The number of cabins shall be permanently prohibited from exceeding
6.
6C. The two newly-planned 2-story Multi-Purpose buildings (buildings "U
and "M" on the site plan) shall be permanently prohibited from being
converted into bedrooms.
7 Work with neighbors: Neighbor-Recommendation Condition 6
Given the extended project timeframe suggested by the county (5-10
years), the applicant and lessee, shall work with nearby, impacted
neighbors on the timing of construction periods of activityand the timing of
Daily events for local traffic, in order to reduce noise, traffic congestion,
inconvenience and hardship for neighbors.
8 Quiet Time: Neighbor-Recommendation Condition 7
(Revision amendment to PD Recommendation 11 )
All hours of operation shall occur between 7 am and 8 pm, with quiet time
mandated between 8 pm and 8 am; with the following exception, that on
Saturday of every week hours of operation shall occur between 7 am and 9
pm, with quiet time mandated between 9 pm and 8 am."
Conclusion
In general Puna makai and the Red Road, especially between Seaview and
Pohoiki, have been perceived in the past as low key and rural. But on the
particular stretch of the Red Road in Kaueleau makai, Kalapana-side of the
Opihikao church, this is changing. Since 2012 three new subdivisions, two
by the applicant, have been created side-by-side with each other, with a
total of 17 new residential-Ag lots developed, 12 by the applicant, on both
sides of Lolia Place, and the Applicant's `holistic education center," formerly
Lolia Eco Village, now Hawaii Eco Reteat, is sandwiched in between.
It is not true what the application states on the bottom p.28, that
"...surrounding parcels...range in size from 3 to 17 acres." In fact, directly
south of the property and adjacent to or near the center's Lolia Place
access on the Red Road are 14 long-established residential lots each 1/2
acre or less, and on the makai side of the Red Road an additional 12 lots, 9
less than 3 acres. Totaled all together we have 43 lots with about 19 current
residences, all directly affected by this application. One can easily foretell
that in 5 or 10 years there will be 30 to 40 homes. This short stretch of the
Red Road is fast becoming a condensed and delimited Ag-Residential
community.
The short- and longer-term future of the proposed "holistic education
center" project is expected to increase eco-tourism; the long, overnight
retreats in particular attract affluent mainland and international guests who
can be bussed in from the Hilo airport. But the day-time only classes,
ag-sustainability workshops, morning yoga workouts, self-growth weekly
series, for example, may provide affordable learning opportunities for local
residents up and down the Red Road and the greater Puna makai
community; and that increased daily vehicular traffic has not been
addressed by the Application nor by the Planning Department. The
proposal will thus bring unforseen increased traffic along with increased
construction activities, increased noise and music, and other potential
negative impacts for neighbors. All this, with Kalani, a much bigger, much
older retreat center with a terrific reputation for its market, less than two
miles down the road. We neighbors see no benefit to our local community
for this project.
At the same time, development of Ag-residential homes continues to
increase precisely in the closest proximity to the applicant's proposed
holistic education center. Yet it is possible that in the future the applicant
may seek amendments to the Special Permit to again expand the center's
activities and again expand accommodations. It is with this undesirable
potential future in mind that if the Special Permit must be approved, we
seek to go on record to permanently prohibit expansion of this Special
Permit application. There is a limit to how much "unusual use" and illegal
use of this kind our current Ag-residential community can accommodate
now, and even more so for a significantly larger future residential
community. That is why some of our recommendations have included
"permanent" conditions: in order to limit this Special Permit application, if it
were approved, to only its current proposal, and no more.
The most important conclusion is:
Deny the application for a Special Permit and remand this case back
to the Board of Appeals where it belongs and where appropriate legal
consequences may be decided.
In the event the Special Permit is approved, the three main take-aways
from these Neighbor Recommendations are-
1 Permits first, operations next
2 Carrying Capacity maximum 44 persons
3 Permanent Limits to expansion
Thank you for your consideration, and
Aloha,
Neighbors and property owners,
E. Jeanne Paterson TR
TMK: 1-3-002-089
(808) 443-4304
13-6553 Kalapana-Kapoho Beach Rd, Pahoa, 96778
Edward S. Utyro and Gary R. Hauler
TMK: 1-3-002-071
(808) 987-6933
13-6519 Kalapana-Kapoho Beach Rd, Pahoa 96778
George Pedro Tama TR, and Jane Tama TR
TMK: 1-3-002-118
(808) 938-5618
13-6516 Kalapana-Kapoho Beach Rd., Pahoa, 96778
Francess Rochelle Lawrence
TMK: 1-3-002-103
(808) 657-9158
13-6546 Kalapana-Kapoho Beach Rd, Pahoa 96778
Timothy Daniel Furst TR and Xanthe Lancaster
TMK: 1-3-002-095
(206) 419-2298
13-6558 Kalapana-Kapoho Beach Road, Pahoa 9778