HomeMy WebLinkAbout2024-04-12 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
Cathy Lewis, Chair
Daina (Noe) Saiki, Vice Chair
Rachel Able
Stacey Aguiar
Scott Martin
Lisa McNamarra
Scott Trefethen
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, April 12, 2024
TIME: 9:30 a.m.
PLACE: West Hawaiʻi Civic Center Council Chambers, Building A
74-5044 Ane Keohokālole Highway, Kailua-Kona, HI 96740
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. DANIEL B. BOLTON AND JANET T. BOLTON (PL-BOA-2022-000024)
Appeal of Decision by the Planning Director Dated April 19, 2022, Regarding Notice of Violation
and Order (PL-PCV-2022-00182) Relating to Processing of Aggregate Material on Agricultural
Land and Operation of a Contractor’s Yard
Location: 75-476 Hualālai Road, Kailua-Kona, HI 96740
TMK: (3) 7-5-017:031 & 044
2. DANIEL B. BOLTON AND JANET T. BOLTON (PL-BOA-2023-000062)
Appeal of Decision by the Director of Public Works Dated December 20, 2022, Regarding Notice
of Order (CE2021-26K) for Fines Related to Notice of Violation Dated April 26, 2022
Location: 75-476 Hualālai Road, Kailua-Kona, HI 96740
TMK: (3) 7-5-017:044
3. DANIEL B. BOLTON AND JANET T. BOLTON (PL-BOA-2023-000071)
Appeal of Decision by the Director of Public Works Dated June 6, 2023, Regarding Notice of
Amended Order (CE2021-26K) Relating to Notice of Violation dated December 20, 2022
Location: 75-476 Hualālai Road, Kailua-Kona, HI 96740
TMK: (3) 7-5-017:044
4. JOSHUA WILLIAM MONTGOMERY AND KRISTIE KATHLYN ADAIR
(PL-BOA-2023-000070)
Appeal of Decision by the Planning Director Dated May 5, 2023, Regarding Notice of Violation
and Order (PL-PCV-2023-00401) Relating to Operating a STVR in a Single-Family (RS-7.5)
Zoning District
Location: 77-102 Queen Kalama Ave., Kailua-Kona, HI 96740
TMK: (3) 7-7-010:071
5. BRIAN O’REILLY (PL-BOA-2023-000089)
Appeal of Decision by the Director of Public Works Dated September 22, 2023, Regarding
Penalty Fee for Work Started Without Permit (PW.B2023-001531)
Location: 19-4002 Kalani Honua Loop, Volcano, HI 96785
TMK: (3) 1-9-009:092
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 1-5(e), 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 February 9, 2024, Board of Appeals meeting minutes.
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, April 10, 2024.
https://www.zoomgov.com/meeting/register/vJItc-mtqjgvGwz8KwCChmY-0BbV09V7I5I
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) 1-5, 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.
CATHY LEWIS, CHAIRPERSON
BOARD OF APPEALS
Hawai‘i County is an Equal Opportunity Provider and Employer