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Home My WebLink AboutPedro Tama 2nd Testimony 06.25.23 From: Pedro Tama To: WPCtestimonv; Darrow.Jeff Cc: Andrews.Jessica;Jackson. Maiia; Kay.Christian;Timothy Karamazoy;Xanthe Lancaster;Jane Tama;Sahara;Gary Hauler;edward utyro;Amy Evans;EJ Paterson Subject: WPC July 7th Hearing,Silber PL-SPP-2022-000016 Date: Sunday,June 25,2023 9:54:06 PM Attachments: LoliaCondOfSale.ndf To: The Windward Planning Commission June 25, 2023 Hawaii Revised Statutes §205-6 allows County Planning Commissions to permit certain unusual and reasonable uses within the Agricultural and Rural districts other than those for which the district is classified. Unusual and Reasonable? No: too unusual; inappropriate; unreasonable PC Rule 6-3-(b)-(5)-(B): The desired use shall not adversely affect surrounding properties. I. Permitting "certain"unusual uses doesn't mean all unusual uses. If an application proposes a use that is too unusual, or if it is unusual yet inappropriate for the environment or the social context, it may not be reasonable. 1. For example, IF Mr. Silber's application were for an array of radiotelescope dishes it would certainly be unusual; but in this particular ag residential location it almost certainly would not be reasonable. Whereas in a more remote Ka'u location it could be entirely reasonable. 2. Or, another example, IF Mr. Silber's application were for a nudist colony, that too would be unusual and neighbors might not think it reasonable. Moreover, the Planning Commission might probably think twice about recommending that application in this particular location. Whereas in a more isolated part of Lower Puna it could be entirely reasonable. 3. Mr. Silber's SP application is for a"holistic education center," and a "retreat center." However, his application is deceptive in that it does not/disclose that his retreat center is a"clothing-optional" retreat center. 4. "Clothing-Optional"is the modern term for places where people can be nude if they want. 5. The definition of a nudist colony is a place where people may be nude, but where sexual contact is prohibited. 6. The applicant's"holistic education center" is a place where people may be nude or partially naked. It is also a place where sexual contact and exploration are supported. This makes it uniquely unusual. 7. Moreover, Lolia has no policy that restricts the applicant (the property owner), nor his partner (the Director of HER), from engaging in sexual contact with anyone else on the property: employees, volunteers,renters, guests, or visitors. This is a violation of all ethical standards where teachings or counseling ("Personal Growth;" "Personal Development," "Conscious Sensuality," etc) are given that involve sexuality. 8. Finally, no one on the property has a degree or license in Psychology, nor in Sex Education. This leaves the question: Is this use so unusual, or inappropriate, that it is an unreasonable use for this neighborhood? II. Mr. Silber's application states on p.34, under Impacts to Surrounding Properties: The proposed development of a holistic education retreat center will not have significant adverse impacts to the surrounding properties. The subject property is surrounded mostly by large agricultural lots. There are few homes proximate to the Special Permit area. The PD Recommendations report states on p.4: (B) The desired use would not adversely affect surrounding properties. Surrounding parcels to the east, south, and west are zoned A-1 a and range in size from approximately 3 to 17 acres. Both of these statements about the surrounding Lolia neighborhood are inaccurate and grossly deceptive or misleading. The facts are that Lolia's entry off the Red Road lies near the middle of our half-mile long neighborhood of 43 Lots,with 23 less than 3 acres; and of these, 14 lots are 1/2 acre or less! There are currently 19 separate residences amongst the 43 lots.And currently, eleven residents have written or endorsed opposition testimony, while ten lot owners in Mr. Silber's subdivisions are unable to oppose due to a condition of sale for those lots. As stated in an earlier testimony, there could easily be thirty or 40 homes here in 5 or 10 years. As we shall see below,this is by far a much higher-density neighborhood than retreat centers and nudist camps in other, nearby locations in Puna. III. There are several other retreat centers in Lower Puna, some well-known and others less known, but all share a singular characteristic: they are relatively isolated from residential development. This is one of the main reasons they are "unusual and reasonable." A. Kirpal Meditation and Ecological Center, on Pohoiki Road,just 5 miles from Lolia, is a 10-acre property surrounded by, 70-acre, 777-acres, 10-acres and 5-acre properties with only 5 or 6 residents within a half mile stretch around their entrance, B. Hawaiian Sanctuary, on route 130, south of Pahoa, 15 miles from Lolia, is a 43-acre property surrounded by large tracts of 49 acres, 39 acres, 1,100 acres, 87 acres, and 68 acres, with comparable neighboring residents numbering four or five. C. Kalani Big Island Retreat Center, a mile and-a-half from Lolia on the Red Road,has a compound of 120 acres with the ocean on one side, and surrounded by a 41-acre, 6-acre, and two 3-acre properties. There are only two or three residential homes near Kalani. D. Sundari Gardens, an 8-mile drive from Lolia, is only a 5-acre property but has on three sides a 51-acre, an 816-acre, and an 80-acre buffer, with numerous virtually empty 5-acre lots on the fourth side. There are 12 lots and 5 residences nearby. There is also a nudist retreat in Lower Puna: A. Isle of You Naturally, is on a 70-acre property,just 12 minutes from Lolia, off Kama'ili Road, and is surrounded by lots with acreages of 276, 237, 50, 22, 5, 3, 3, 2, and 2 acres. Altogether fifteen lots in this neighborhood, but only four or five neighbor residents. IV. These numbers make a difference. Other retreat centers in Lower Puna tend to be on large acreage or surrounded by large acreage, are fairly isolated from subdivisions, have purposely chosen areas where adverse effects on surrounding properties are minimal, and most importantly are located in extremely light-density residential areas. They would be characterized as distinctly rural. Lolia, on the other hand, is surrounded by 43 lots with 19 residences. V. There are two reasons why Lolia, and Mr. Silber's SP application, are too unusual, and therefore unreasonable for our residential neighborhood of families, children, and grandchildren. First: Mr. Silber's plan belongs in a more rural part of Puna, and is not appropriate for this neighborhood. The application's expansive plans, to build two more two-story buildings equal in size to the two illegal 8-bedrooms-each two-story buildings; the planned 32x60 greenhouse that is intended to be an illegal event center to match their other 32x60 illegal event center; the planned 30 parking spaces with expansion up to 100.... The plan is too big,with too many spillover effects in traffic, noise, and unknowns that will change the entire character of our neighborhood forever; and that belongs in a more isolated part of Lower Puna in similar locales to all the other retreat centers where there are fewer neighbors and who live farther away. Second: Lolia's emphasis on amorphous sexual boundaries and contact amongst all who are there,without any professional or administrative oversight, makes Lolia and its clientele potentially unsafe for our neighborhood. In short, Lolia and this application are too unusual and therefore inappropriate and unreasonable for our neighborhood and thus do not meet the basic requirement of HRS 205-6. G. Pedro Tama 13-65-16 Kalapana-Kapoho Beach Road, Pahoa, HI 96778 Kalepa Point neighborhood: Blue: Lolia Yellow: Mr. Silber's (10) subdivision lots-- must support his Special Permit application. Rom: Neighbor properties in opposition to the SP. Attachment: 1) Mr. Silber's "Condition of Sale" that lot buyers must support his Special Permit From: Robert Silber To: All potential subdivision lot buyers: Lot 6 Community Center Vision: The neighborhood at Lolia Place will integrate a residential living community and a very low key, respectful retreat/training center on the 8 acres of Lot 6 in the back of the subdivision upon receiving a special permit from Hawaii County. A Limited Liability Company (LLC) will lease Lot 6 to a non-profit organization to run retreats, trainings, internships and other programs at the community. All lot owners agree as a condition of sale to support a special permit from Hawaii County for the retreat center...... (emphasis added)