HomeMy WebLinkAboutSPP-21-000227 02.05.23 M. VAN PERNIS TESTIMONYDeVera, Ashley
From: Mark Van Pernis <mvpvv@hawaii.rr.com>
Sent: Sunday, February 5, 2023 10:59 AM
To: LPCtestimony
Cc: Villegas, Rebecca; Sauer, Noriko; Mark Van Pernis
Subject: Leeward Planning Commission, 2/16/23 agenda. 1. Unfinished business, Kona Aeruals
Gymnastic Team, Inc.,Special Permits App.0
The following is the opinion on information and belief, as written public testimony concerning the above referred to
public application. This statement is made because Mr. Bolton and/or his business entities, (Bolton), which appears to
be the owner of the subject property, has filed and/or threatened litigation against anyone (e.g. subdivision
associations and lot owners) which use Hualalai Road) who opposes and/or expresses an opinion and/or takes action
against him, in a blatant attempt at suppressing their constitutional rights to free speech and to seek redress from
government of grevances. There would be more testifiers absent such intimidating litigation. In addition he has
unsuccessfully litigated against the County.
Although the applicant is stated to be the sympathetic entity Kona Arieal Gymnastic Team, Inc. the real beneficiary of
the application appears to be Bolton.
1. He is operating a business/activity on the property (other than the Ariel lease) which has been in trouble with the
County, and over with he has unsuccessfully litigated.
2. He has continued to violate County orders regarding that business (e.g by importing rock via big trucks).
3. He knowingly offered and entered into an illegal commercial lease and collected rents for years.
4. Bolton's business uses the same internal and external (Hualalai Road) roads as Aerial.
The entire area along Queen Kaahumanu and Hulalalai to Bolton"s place is designated "alternate urban
expansion". It should be entirely planned as such, with appropriate infrastructure, rather than avoid good planning and
create more hazards by piecemeal avoidance using special use permits.
Hualalai is a narrow substandard old wagon track without shollders and many with bad blind curves, where
subdivisions accessing it were required to construct third lanes for safety and access.
It is often congested with traffic from Mamalahoa and that trying to get around the gridlock traffic jams on Queen
Ka'ahumanu Highway.
There are blind curves and no shoulders or sidewalks at the access point of the Bolton property.
There is a dangerous and steep intersection of Hualalai and Queen K, and Queen Kis jammed during the times Aerial
clientele would be using those roads.
You have already unfortunately (because it too was a sympathetic applicant) recommended the approval of a big
preschool , without shoulders, sidewalks, a turn lane, or traffic light, which will use Hualalai for its access at a blind
curve very near the Bolton/Aerial access at another blind curve which will seriously further jam Hualalai and invite
accidents during drop offs and pickups and Bolton trucks at certain times of the days. You should take responsibility for
such accidents, due to your lack of planning.
Have any of you actually been to the site? (Not to the private preschool site either except for the undersigned). How
about a site visit, which is well within your powers? Have you talked with Hualalai Road using subdivisions and road
users? Investigated the Bolton litigation with the Count? Make the effort and do your job as Planner for the future of
West Hawaii!
1
Is the LPC merely a Developer's Assistance and Profitability Commission? And the Planning Director/Department a
Developers' Assistance Bureau? Must the infrastructure mess and affordable housing crisis ever increase? Must every
application be approved and West Hawaii residents never be accommodated?
Aerials is a sympathetic applicant, and IT CAN BE ACCOMMODATED temporarily.
1. A special permit can be granted sort term (e.g. two years), WITH AN AUTOMATIC "SUNSET", during which time
Bolton can have a traffic study take place and appropriate restrictions and improvements to Haualalai in the area for
his business' and Aerial's access can be done, as well as Hualalai Road subdivisions, users and stakeholders, including
government, solicited for input.
2. The subject illegitimate lease should be examined before conditions are imposed, (to see how Bolton as landlord sits
as to imposing the costs and conditions on Aerial,
3And to see how much money Bolton has collected and this knowingly illegitimate lease, and assess appropriate fines
or penalties.
4. Bolton and other land owners should be encouraged to apply for residential and/or commercial, and/or industrial
zoning for this "alternate urban expansion" site.
Mark Van Pernis, Kona resident, user of Hualalai Road for 20+ years, and former LPC Commissioner.
C.c.ill Culhane, subdivision association president.
2