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HomeMy WebLinkAbout2003-05-23 TWOOD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT MAY 23, 2003 A regularly advertised hearing on the application of VERNE A. WOOD & MELODY LYNN WOOD (SPP NO. 870) was called to order at 9:08 a.m. in the County Building, Councilroom - Room 201, 25 Aupuni Street, Hilo, Hawaii with Chairman Fred Galdones presiding. PRESENT:Fred GaldonesABSENT & EXCUSED: Earl Fujikawa William Graham Florence Kubota Hannah Springer Jeffrey McCall Aurelio Mina, Jr. Francis Smith Bill Thibadeau Ivan Torigoe, Deputy Corporation Counsel Christopher J. Yuen, Planning Director Norman Hayashi, Staff Planner Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner APPLICANTS: VERNE A. WOOD & MELODY LYNN WOOD (SPP NO. 870) Î Continued hearing on the request to amend Special Permit No. 870 to include the adjoining one- acre parcel of land, and to amend Condition No. 4 (complete construction) for the establishment of the Orchidland Trade Center in the State Land Use Agricultural District. The properties are th located in Orchidland Estates Subdivision at the northwest corner of Orchidland Drive and 34 Street, approximately 1,600 feet west (mauka) of its intersection with Keaau-Pahoa Road, in the vicinity of Wiki Wiki Mart, Keaau, Puna, Hawaii, TMK: 1-6-10:82 & 83. GALDONES:Commissioners, on the agenda, Unfinished Business, Item No. 1, the applicants are Verne A. Wood and Melody Lynn Wood, SPP No. 870. This is a continued hearing on the request to amend Special Permit No. 870 to include the adjoining one-acre parcel of land, and to amend Condition No. 4 (complete construction) for the establishment of the Orchidland Trade Center in the State Land Use Agricultural District. Norman. HAYASHI:Thank you, Mr. Chair. All of you received a copy of the letter that we sent to the applicant, Verne Wood, informing him that we are continuing this application. And the basic reason behind it is that there is an error in the notification as to what the applicant is actually requesting. This application has been heard back in last year some time. However, in reviewing the docket itself or the applicantÓs request, he is also requesting not only the amendment to Condition No. 4 but also in the write-up portion heÓs requesting certain amendments to Condition No. 8, which was not advertised. So for that reason alone, we are th deferring this application to the next meeting which would be June 20. And it would be properly advertised as the applicantÓs request to amend the permit to increase the area by one acre, to amend Condition No. 4, as well as to amend Condition 8. And Condition 8 basically specifies the hours of operation and also the types of uses that are allowed under this permit. Are there any questions? GALDONES:Commissioners, any questions of Norman? Commissionger Springer. SPRINGER:Norman, can you refresh my memory. Was there a contested case? HAYASHI:Yes. There were two individuals that had requested a contested case, had filed petitions for a contested case. However, those individuals have drafted a letter or submitted letters indicated that they are withdrawing their request. And at the subsequent th meeting, the June 20 meeting the Commission will be acting on those requests to with SPRINGER:Thank you. GALDONES:Any other questions? Norman, so it is understood that Mr. Wood has been in communication with the Department and he is fully aware that this is going to be continued? HAYASHI:That is correct. GALDONES:Okay. Is there anybody from the public who wishes to t this subject matter? Now hearing that it will be on a continued basis, you still have the ability to testify if you wish to do so. MaÓam, could you please step forward -. VERSLUYS:Yes, my -. GALDONES:So that we can have you recorded. VERSLUYS:Good morning. GALDONES:Could you please, yes, could you please raise your right hand. Do you swear or affirm to tell the truth on this matter now before the HawaiÒi County Planning Commission? VERSLUYS:I certainly do. GALDONES:Please be seated. Please state your name and your resident address. VERSLUYS:My name is Seeske Versluys and I live right opposite the new bulldozed area this whole thing is all about. IÓm not quite sure about the tax key, sorry. But the strange thing was, and I must be, I have to admit I donÓt really, I havenÓt really looked into the 2 background. I have been in contact with the Orchid Isle Community Association about this, but to my utter surprise all of a sudden without any warning people started bulldozing right in front of my property. Apparently that was an error. Now I wonder how can people start bulldozing on the fact of an error and still get away with it. In the meantime, IÓm looking at a vast amount o debris and rubbish in front of my house. It has been a vast, you know, I could say personal stress level for me where this came out of the blue; and it certainly hasnÓt upped the value of my property. And it has definitely made me very unhappy. GALDONES:Are there any questions from the Commissioners of the testifier. IÓm sorry, I didnÓt get your full name. But later on, MaÓam, co name to Sharon so she can properly record that. IÓd appreciate it. MaÓam, youÓve heard the presentation by the staff that this would be on a continued basis, this hearing will be continued; so, therefore, the applicant is not present to rebut any discussion that is on-going. But we will receive your testimony; and if thereÓs any questions to have it clarified -. Then you will later on, if you wish to do so at the next hearing, make your presentation so that the applicant can answer some of the concerns that you have. VERSLUYS:That sounds wonderful. GALDONES:Okay, any further questions of the testifier? Commissioner Graham. GRAHAM:I was just going to ask you, have you reported this activity to the County in any way before or is this your first connection with the County about this activity? VERSLUYS:Years ago when they first started trying to get the gas station in there, I was the only one probably who protested; and that must be on record somewhere. That is like seven, or eight years ago, or something like that, cause it has trashed the whole neighborhood, of course; and itÓs continuous to, you know, continuously trashing the neighborhood. But anyhow, thatÓs besides the point. What IÓm saying right now is that the people have been giving me notices about this and that, and the other thing that happened. But indeed the wrong piece o document we received; and so thatÓs why I didnÓt protest any thi me as much. I said, well, thatÓs already done, why should I put in my two cents again or my hundred dollars, so to speak, to start protesting this particular piece of property. This was somewhere in January or before January that they warned me about the project going on. So, okay, well, that is this piece of property around the gas station in Orchidland, and thatÓs fine; and then thereÓs still this buffer of one acre, and I donÓt have to be too worried about it; okay, let them do stuff. So I was properly surprised and upset when all of a sudden out of the blue a big K-9 or what is it, those bulldoze things came and bulldozed the whole piece of land in front of me, my nice green buffer zone. And then I looked at my paper and said, gee, that is really not the piece of property, so how did this happen, and how did this person get a license, and so forth and so on. And now this whole thing is in error. Now that we know itÓs in error, the damage is 3 already done. So my protest is rather feeble. But I do wish to speak up and say this is rather a sad state of affairs that this whole thing can be done on an error. And where does that leave me all of a sudden, plus the surrounding people, who have been basically fooled by this whole thing. GRAHAM:Yes, and my specific question was is this the first time youÓve spoken to people from the County of HawaiÒi about this latest bulldozing in error? VERSLUYS:Not to the County of HawaiÒi. I think I, through the Orchid Isle or the Community Association. I talked to them about it and they have been in contact. GRAHAM:I see. VERSLUYS:At least that was my opinion. I havenÓt been following properly, I guess. GRAHAM:Thank you. GALDONES:Commissioners, any further questions of the testifier? Thank you very much for being here, MaÓam. VERSLUYS:Okay. Thank you. GALDONES:Commissioners, youÓve heard the presentation from staff that this agenda item will be continued until it can be placed on the agenda again. So the Chair is prepared to entertain a motion for the record that this hearing will be continued when it can be placed on the agenda again. Commissioner Springer? SPRINGER:Mr. Chair, I move that this agenda item one, regarding applicants Verne and Melody Lynn Wood, SPP No. 870, be continued until it can be placed on an agenda in the future. MCCALL:Second. GALDONES:It has been moved by Commissioner Springer that agenda item one, applicants Verne A. Wood and Melody Lynn Wood, SPP No. 870, be placed on the agenda again. And it has been seconded by Comm Commissioners, any discussion? Hearing none, IÓll take a voice vote. All those in favor say aye? COMMISSIONERS:Aye. GALDONES:Oppose? MINA:Yeah, but the letter said it will be continued to June 20, 2003. It 4 states that right inside here. GALDONES:Norman, in the discussion, did you folks set the date for this item to be placed on the agenda? th HAYASHI:Yes. ItÓs going to be scheduled for June 20. In fact, we have a notice that will be published shortly. GALDONES:So noted. Okay, thank you. The discussion ended at 9:19 a.m. Respectfully submitted, Sharon M. Nomura, Secretarty 5