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Home My WebLink About2023-11-17 Board of Appeals Agenda County of Hawai‘i BOARD OF APPEALS Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai'i 96720 (808) 961-8288 • Fax (808) 961-8742 Mitchell D. Roth Mayor Stacey Aguiar, Chair Richard Henderson, Vice Chair Cathy Lewis Scott Martin Lisa McNamarra Scott Trefethen Daina (Noe) Saiki AGENDA NOTICE IS HEREBY GIVEN of hearings to be held by the Board of Appeals of the County of Hawai‘i in accordance with the provisions of Chapter 92-7, Hawai‘i Revised Statutes, as amended; Section 6-9.2 of the Charter of the County of Hawai‘i; and Rule 1-5 of the Board's Rules of Practice and Procedure. DATE: Friday, November 17, 2023 TIME: 9:30 a.m. LOCATION: Hawaiʻi County Council Chambers 25 Aupuni Street, Hilo, HI 96720 Board of Appeals board members and applicants may attend via Zoom or in person. The public may provide verbal testimony by joining Zoom or via the physical location listed above. See “Submitting Testimony” below for more information. The public will be able to view and listen to the live meeting at: https://www.youtube.com/@cohplanningdepartment/streams. A full schedule of active Board of Appeals cases can be viewed on the Planning Department’s website. This schedule is updated regularly and will reflect changes made subsequent to the publication of this agenda: https://records.hawaiicounty.gov/weblink/Browse.aspx?dbid=1&startid=103626 Minutes of the Board of Appeals meeting will be transcribed and posted on the Planning Department’s website. CALL TO ORDER STATEMENTS FROM THE PUBLIC ON ITEMS ON THE AGENDA Pursuant to HRS 92-3 interested persons that want to provide oral testimony may do so either at the time the board takes public statements on the agenda or at the time the specific agenda item is called or as otherwise allowed at the sole discretion of the Chair. NEW BUSINESS 1. ROBERT SILBER (BOA-20-000241) Appeal of Planning Director’s Notice of Violation and Order (ZCV-2017-007E) Dated December 5, 2019 Location: 13-2060 Lolia Place, Pāhoa, HI 96778 TMK: (3) 1-3-002:140 2. ELLIOT FABRI (PL-BOA-2023-000066) Appeal of Decision by the Planning Director Dated January 23, 2023, Regarding Notice of Violation and Order (PL-PCV-2022-00235) Relating to Unpermitted Events, Retreat Center/Activity, Church Practice and Renting Cabins Location: Noni Farms Road, Puna, HI TMK: (3) 1-4-020:007 EXECUTIVE SESSION With reference to the agenda items listed, one or more executive meetings may be anticipated. The Board may convene an executive meeting pursuant to Chapter 92- 5(a)(4), Hawai‘i Revised Statutes, as amended, for the purpose of consulting with the Board’s attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities. Pursuant to Chapter 92-4, Hawai‘i Revised Statutes, as amended, and Rule 1- 5e, Board of Appeals Rules of Practice and Procedure, an affirmative 2/3 vote of the members present is necessary to hold an executive meeting. MINUTES Approval of the May 12, 2023, Board of Appeals meeting minutes. Approval of minutes for Rulemaking hearings held on September 14, 2023, and October 13, 2023. ADMINISTRATIVE MATTERS Status of appeals filed on Board of Appeals decisions - Corporation Counsel Status of outstanding petitions - Staff ANNOUNCEMENTS ADJOURNMENT SUBMITTING TESTIMONY: To provide verbal testimony via Zoom, please use the link below to register no later than 4:00 p.m. on Wednesday, November 15, 2023. https://www.zoomgov.com/meeting/register/vJItf-qvpz0sHgUnfmHkZNdEI03Rq8cFIuU. Written testimony may be submitted via email at boardofappeals@hawaiicounty.gov, by mail, or in person. Mail or hand-deliver written testimony to Hilo Planning Department at 101 Pauahi Street, Suite 3, Hilo, Hawaiʻi 96720 up to two business days prior to the hearing by 4:30 p.m. According to Board of Appeals Rules of Practice and Procedure 1-5 (i) 1-3, any person desiring to testify shall indicate his or her name and residence address and indicate whether he or she is testifying on his or his own behalf, or as a representative of the applicant/appellant, or an organization. Documents provided to members of this board for this meeting is available for public inspection online at https://records.hawaiicounty.gov/Weblink/Browse.aspx?dbid=1&startid=109683 or during regular business hours at the Hilo office of the Planning Department, Aupuni Center, 101 Pauahi Street, Suite 3, Hilo, Hawaiʻi and at the Kona office of the Planning Department, West Hawaiʻi Civic Center, 74-5044 Ane Keohokālole Highway, Building E, 2nd Floor, Kailua-Kona, Hawai‘i. Notice to Lobbyists: If you are a lobbyist, you must register with the Hawai‘i County Clerk within five days of becoming a lobbyist. {Article 15, Section 2-91.3(b), Hawai‘i County Code} A lobbyist means "any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." {Article 15, Section 2-91.3(a)(6), Hawai‘i County Code} Registration forms and expenditure report documents are available at the Office of the County Clerk, Hawai‘i County Building, 25 Aupuni Street, Room 1402, Hilo, Hawai‘i 96720. If you need an auxiliary aid/service or other accommodation due to a disability, contact the Planning Department at (808) 961-8288 as soon as possible, and no later than five (5) working days prior to the meeting date. Requests made as early as possible have a greater likelihood of being fulfilled. Upon request, this notice may be made available in alternate/accessible formats. STACEY AGUIAR, CHAIRPERSON BOARD OF APPEALS Hawai‘i County is an Equal Opportunity Provider and Employer (Hawai‘i Tribune Herald: Friday, October 27, 2023) (West Hawai‘i Today: Friday, October 27, 2023)