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Home My WebLink About2023-04-20 ACK LTR TO WILLIAM MELTON (PL-CCH-2023-000014_PL-SPP-2022-000018-PL-SMA-2022-000018) Mitchell D.Roth d$•'s'�f f„i!►? Zendo Kern Mayor �digf Director Lee E.Lord Jeffrey W.Darrow Managing Director :� * Deputy Director T�OF.HIiI West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 April 20, 2023 William Melton 101 Sarah Drive Mill Valley, CA 94941 VIA EMAIL Dear Mr. Melton: Special Permit Application No. PL-SPP-2022-000018 Special Management Area Use Permit Application No. PL-SMA-2022-000018 Applicant: Abu Pohaku Ho`omaluhia,LLC (Formerly Robert Watkins and Jean Sunderland) Subject: Acknowledgment of Petition for Standing in a Contested Case Hearing (PL-CCH-2023-000014) Tax May Key: (3) 5-4-009:014,Hanaula and Hononueo,North Kohala,Hawaii This is to acknowledge receipt on April 14, 2023, of the Petition for Standing in a Contested Case Hearing that you filed with the Planning Department. The petition will be forwarded to the Leeward Planning Commission for their consideration. Please refer to Planning Commission Rules of Practice and Procedure, Rule 4 (Contested Case Hearing Procedure) for information about the contested case process. The rules can be found on the Planning Department website at: htlps://www.planning.hawaiicountygov/about-us/boards- committees/planning-commission-applications If you have any questions,please feel free to contact Maija Jackson at(808) 961-8159. Sincerely, Mara ack �oY Maija Jackson for(Apr 20,202 13:43 HST) ZENDO KERN Planning Director JMA:jaa \\coh0l\planning\public\wpwin60\Jessica\Letters\Melton-PL-SPP-2022-000018-PL-SMA-2022-000018- AckReceiptForContestedCasePetition.doe www.planning.hawaiicounty.eov Hawaii County is an Equal Opportunity Provider and Employer planning(d),,hawaiicounty.eov William Melton April 20, 2023 Page 2 Cc w/copy of petition: Leeward Planning Commission via e-mail Sinclair Salas-Ferguson, Esq., Deputy Corporation Counsel via e-mail Jean Campbell, Esq., Deputy Corporation Counsel via e-mail Sidney Fuke, Planning Consultant, for Alm Pohaku Ho`omaluhia, LLC via e-mail Jean Sunderland,Alm Pohaku Ho`omaluhia, LLC via email PETITION FOR STANDING IN A CONTESTED CASE HEARING (Page 1 of2) NAME: William N Melton ADDRESS: 101 Sarah Drive,Mill Valley,Ca.94941 PHONE NO. 70aM &3142 --------------------------------------- — APPLICANT/ DOCKET NO.: re ardin s ALW POHAKU HOOMALUHIA LLC(Former Robert Watkins and Jean Sunderland). (Pl-SMA-2022-000018),Special Permit(SPP 01-000006 and PL-SPP 20222022-000018,Tax Map Key: 5-4-009:014 A. Is your interest in this matter clearly distinguishable from that of the general public? Yes X No If the answer is "yes". please explain: I am physically abutting and adjacent lot owner,(TMK#5-4-009:019 Lot#14) If the answer is "no". please explain how the proposed action will nevertheless cause you actual or threatened injury: B. Are you a government agency whose jurisdiction includes the land involved in the subject request? Yes No X If the answer is "yes", please explain the nature of the agency's jurisdiction: C. Do you lawfully reside on or have some property interest in the land involved in the subject request? Yes No— If the answer is "yes", please explain: Appendix A PETITION F'OR-STANDIUG IN a CONTESTED CASE REARING (Pagez otzl D. Are you a person or persons descended from native Hawaiians who inhabited the Hawaiian Islands Prior to 1778, who practiced those rights which were customarily and traditionally exercised for subsistence, cultural, or religious purposes? Yes No X If the answer is "yes", please submit any genealogical evidence and historical evidence showing the exercise of those rights to support your statement: Petitioner!,s-Signature STATE OF California SS. COUNTY OF Marin On this 7 day of Pf' 20"!, before me personally appeared. �I'- - M K qr-c.Mt1 to me known to be the person described in and who executed the foregoing insh ment, and acknowledged that he executed the same as his free act d deed, }, ERICA Y.JOUBERT NOTARY PUBLIC-CALIFORNIA ac.•,. COMMISSION#2381922 2 MARIN COUNTY ota P II . Sate of alifornia My Comm.Exp.December 3,2025 MY commission expires. Appendi.xA April 3,2023 Planning Commission of the County of Hawaii West Hawaii Civic Center,Council Chambers,Building A, 74-5044 Ane Keohokalole Highway,Kailua Kona Re:Special Management Area Permit(SMA 01-000003)and Special Permit(SPP 01-000006)Applicant:Ahu Pohaku Ho'omaluhia,LLC dba Hawai'i Island Retreat,LLC Hanaula,North Kohala,HI,TMK:54-009:014 Dear County of Hawaii Planning Department, As an immediate abutting neighbor,with shared property line,I oppose this application for further expansion of HIR.My opposition is due to the negative impacts it will have on our surrounding properties for the reasons listed below. However,more specifically I raise the issue of our community's history with this applicant.This applicant's initial variance request,albeit artfully navigated by Sidney Fuke,has not been respected in practice or principal. In addition to making expansions beyond those authorized in their initial variance,they have been vigorously litigious, refusing to take responsibility for either prior agreed or reasonable shared community costs. We must assume future behavior will reflect history. If for no other reason,we must object to fiuther expansion,logically assuming the applicant will not be willing to bear their fair share of the costs of the impacts of this requested expansion. We call out some of those impacts and costs: Additional car and foot traffic and increased wear and tear and damage to the roads that serve our properties, including Maluhia,Pratt and Honopueo Roads,and risks of liability to us from the expanded business of HIR. While we oppose granting the expansion,should it be granted in any part,given our history with this applicant,we respectfully demand the following measures be clearly and contractually specified in any grant,to mitigate the negative impacts,and likely the litigious behaviors: 1. Safety:Clear signage should be required regarding safe speed limits on Maluhia and indicating the public access is a left turn on Pratt after leaving Maluhia. Many times,for lack of clear signage,people looking for the HIR make a right turn on Pratt and end up in the driveways or homes of our neighboring properties. 2. Maintenance:As Maluhia will be expanded,and therefore putting more pressure and use on Maluhia, maintenance of Maluhia should be borne principally by HIR as it will be relying on it for its enlarged commercial uses. Specifically: • HIR should also be required to keep Maluhia open and free of overhanging vegetation and clear debris off the side of the road. • HIR should also be required to weed the side of Maluhia but making sure not to hit water pipes. 3. Liability:HIR should be required to indemnify neighboring property owners for any claims arising out of its commercial activities and maintain a liability insurance policy given their"public access mandate"and name neighboring properties additional insureds. 4. Liquor:HIR's insurance on its liquor license should also be extended to protect and cover adjacent neighbors. The expansion of HIR will have significant negative impacts on all of us and we urge action be taken to mitigate those impacts including likely associated litigation. Mahalo for your attention and consideration. William(Bill)Melton TMK#54-009:019 Lot#14 bill@billmelton.com