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HomeMy WebLinkAbout2021-08-17 LPC Ltr George Smith and Response Ltrs of Authorization J�tY QF h,� Mitchell D.Roth °' �•�"�. Michael Vitousek,Chair Mayor : Barbara DeFranco,Vice Chair Shani Armbruster Lee E.Lord Clement"CJ"Kanuha III �•.�; e;: Managing Director rat•=""=•t►* f WAX Mark Van Perris Faith"Faye"Yates County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 - Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 August 17 , 2021 George Smith 75-6150 Ali`i Drive#3 Kailua-Kona,HI 96740 Dear Mr. Smith: SUBJECT: Special Management Area Use Permit Application(SMA 21-000078) Applicant: Jekaterina Mysin I Subject: Clarification on Your Standing in Contested Case Hearing Tax Mau Key: 7-5-020:066 I am writing to inform you that an item will be placed on the Leeward Planning Commission (Commission) agenda for the September 16, 2021, meeting to discuss and clarify the capacity under which your standing was granted in the Mysin contested case process. It has come to my attention that you have indicated to Planning Department staff that you are "representing" other owners of the Ala Ka La Association of Apartment Owners ("AOAO"). My review of the Commission records (including the petition documents submitted to the Commission and transcripts from the June 16, 2021, standing hearing) has not provided the needed clarity on whether or not you were granted standing as an individual or on behalf of the AOAO. It is necessary to determine and clarify the record as to the capacity in which the Commission granted you standing. Thus, we request your attendance at the meeting to allow the Commission to ask you questions on the matter. If you represent yourself in this matter, please advise the Commission through the Planning Department as soon as possible. However, if you represent the AOAO in this matter, please provide documentation substantiating your authority as of the time of the application (e.g., a copy of board resolution, letter, meeting minutes, etc.) to the Commission via the Planning Department prior to the September 16, 2021,hearing. £ru Haivai`i County is an Equal Opportunity Provider and Employer- Mr. George Smith August 17, 2021 Page 2 Should you have any questions about the hearing schedule, please contact Maija Jackson of the Planning Department at 961-8159 or by email at maiia.jackson(c hawaiicountygov. Sincerely, #2had-tlli�udrl( Michael Vitousek(Aug 17,202115:31 HST) Michael Vitousek, Chairman Leeward Planning Commission \\COHO1\)lannin�l ublic\w 60\PC\PCC2021-3`xLM sinCCHSinithSMA21-0781 c2 1 bP P Y P cc via email): Jean Campbell, Deputy Corporation Counsel, for Planning Department Kathy Garson, Carlsmith Ball,LLP, for Jekaterina Mysin Walter"Jack"Kelly,for Jeffrey William Silva Nancye Capri Mori, Ashley From: Jackson, Maija Sent: Monday, August 23, 2021 1:45 PM To: Mori, Ashley Subject: FW: George Smith response to M. Vitousek letter of August 17, 2021 Please intake for SMA 21-000078. From: George-Kapalili Smith <smittyberta@gmail.com> Sent: Monday, August 23, 2021 7:28 AM To:Jackson, Maija <Maija.Jackson@hawaiicounty.gov> Subject: George Smith response to M. Vitousek letter of August 17, 2021 Aloha Mr. Vitousek, In response to your letter re verifying my standing as representative and speaker for the owners of Ala Ka La condominium re: SMA 21-000078. I have stated my position as president of our association from the start, and in all my testimony. All our unit owners have responded to your letter, stating their designation of myself from the beginning. I trust that this will clear up any question as to my representation and standing in the matter of SMA 21-000078. Due to my typographical error in my note to our owners, all their responses to yourself state "SMA 22-000078". If this error cannot be reconciled by this note, please let me know, and I will have them resend their e-mails to Maija. Mahalo, George Smith, President Ala Ka La AOAO 1 Mori, Ashley From: Jackson, Maija Sent: Monday, August 23, 2021 1:45 PM To: Mori, Ashley Subject: FW: Mysin SMA 22-000078 Please intake for SMA 21-000078. -----Original Message----- From: Kirk Nygaard <knygaard@live.com> Sent: Sunday, August 22, 2021 6:31 PM To:Jackson, Maija <Maija.Jackson@hawaiicounty.gov> Cc: George-Kapalili Smith <smittyberta@gmail.com> Subject: Re: Mysin SMA 22-000078 Mr. Michael Vitousek As owners of unit#1 at the Ala Kala condos, 75-6150 Alii Dr., we authorize George-Kapilili Smith to represent our interests as a stakeholders in our AOAO before the LPC. We recognize and emphatically support his standing before the commission, as assigned by the ownership. Sincerely, Kirk and Gayle Nygaard i Mori, Ashley From: Jackson, Maija Sent: Monday, August 23, 2021 1:46 PM To: Mori, Ashley Subject: FW: Mysin SMA 22-000078 Representation by George Smith Please intake for SMA 21-000078. From: Chris Clark<caclark@f lash.net> Sent: Sunday,August 22, 2021 5:20 PM To:Jackson, Maija <Maija.Jackson@hawaiicounty.gov> Cc: George and Roberta Smith <smittyberta@gmail.com> Subject: Mysin SMA 22-000078 Representation by George Smith To: Michael Vitousek, Chairman Leeward Planning Commission Dear Mr Vitousek Please be advised that George Smith, president of Ala Ka La AOAO, has my full authorization to represent my interests, as an individual owner of Ala Ka La, in testimony in the matter of Mysin 22- 000078. Further, he has had my authorization to represent my interests as a stakeholder in our AOAO since the first filing with the LPC, as he has represented all the owners collectively. I hope this helps clarify any misunderstanding in the matter. Best regards, Christine A Clark Owner#2 Ala Ka La AOAO i Mori, Ashley From: Jackson, Maija Sent: Monday, August 23, 2021 1:47 PM To: Mori, Ashley Subject: FW: 22-000078 Please intake for SMA 21-000078. -----Original Message----- From: Carolyn Strawn <lwahinepaddler@gmail.com> Sent: Sunday, August 22, 2021 6:08 PM To:Jackson, Maija <Maija.Jackson@hawaiicounty.gov> Cc: George-Kapalili Smith <smittyberta@gmail.com> Subject: 22-000078 To Michael Vitousek, Chairman Leeward Planning Commission Please be advised that George Smith is authorized to represent me in the matter of SMA 22-000078 and has been since the first filing with with the Leeward Planning Commission. I own property 75-6150 Alii Dr. #4 Which is adjoining the property in question. I am very concerned about this proposal.This project will add to the already traffic problems in the area.This will also add to parking problems.The beach in this area is very popular with local and tourists.There will be no place for parking so people can use the public access I am very much apposed to the height of the building. It will tower over the other building in this area.The area in question is more residential and the building are one or two stories. Carolyn Strawn Resident of Ala Ka la AOAO 1 Mori, Ashley From: Jackson, Maija Sent: Thursday, August 26, 2021 9:40 AM To: Mori, Ashley Subject: FW: My representative re: Mysin SMA 22-000078 Please intake for SMA 21-000078. -----Original Message----- From: kathleen <kflynnpowers@gmail.com> Sent: Sunday, August 22, 20214:39 PM To:Jackson, Maija <Maija.Jackson@hawaiicounty.gov> Cc: smittyberta@gmail.com Subject: My representative re: Mysin SMA 22-000078 Dear Mr. Michael Vitousek, Chairman, Leeward Planning Commission, Please be advised that I have authorized and given permission to Mr. George Smith to represent my interests and speak on my behalf for any and all testimony during this and further proceedings regarding Mysin SMA 22-000078. Mr. George Smith is president of Ala Ka La AOAO and speaks for all of us. Mahalo, Kathleen C. Flynn Ala Ka La (owner#5) Sent from my iPad i Mori, Ashley From: Jackson, Maija Sent: Thursday, August 26, 2021 5:49 PM To: Mori, Ashley Subject: FW: Authorization for Representation re: Mysin 21-000078 Please intake for SMA 21-000078. From: George-Kapalili Smith <smittyberta@gmail.com> Sent:Thursday, August 26, 2021 1:06 PM To:Jackson, Maija <Maija.Jackson@hawaiicounty.gov> Subject: Fwd:Authorization for Representation re: Mysin 21-000078 Aloha,Smitty&Kapalili Begin forwarded message: From: CAROLINE WALSH <craalinelsh( caarncstent> Date:August 26, 2021 at 11:57:39 AM HST To: George Smith <s_mittyhej @ mail.com> Subject:Authorization for Representation re: Mysin 21-000078 Please forward my authorization to the Hawaii County Leeward Planning Commission. Mr. Michael Vitousek, Chairman Leeward Planning Commission Dear Mr. Vitousek, Mr. George Smith, as President of the Ala Ka La AOAO, has been authorized since inception and hereby continues to be authorized to represent my interests in the Ala Ka La AOAO as owner of Apartment 6 in any and all matters, including testimony, regarding the Mysin 21-000078 proposed development. Regards, Caroline H. Walsh Owner Apartment 6, Ala Ka La AOAO Cell: 303.520.7180 i Mori, Ashley From: Jackson, Maija Sent: Monday, August 23, 2021 1:48 PM To: Mori, Ashley Subject: FW: Ala Ka La #7 - George Smith Representation - Mysin SMA: 22-000078 Please intake for SMA 21-000078. From: Kai Hall <lisasplanet@gmail.com> Sent: Sunday,August 22, 2021 6:28 PM To:Jackson, Maija <Maija.Jackson@hawaiicounty.gov> Cc: George Smith <smittyberta@gmail.com> Subject:Ala Ka La#7-George Smith Representation - Mysin SMA: 22-000078 Aloha Michael Vitousek- This letter is to confirm that our HOA President George Smith has had my authorization to represent my interests since the first filing with the Leeward Planning Commission, in all matters concerning the proposed Mysin project. George Smith has my permission to continue representing me and my interests in all matters pertaining to Ala Ka La, and speaks as my Proxy regarding any and all issues pertaining to the Mysin development SMA 22-000078. Should you have any questions regarding his representation, please contact me directly. Mahalo, Lisa Hall Paisola 808-344-7412 Ala Ka La #7 Mori, Ashley From: Jackson, Maija Sent: Monday, August 23, 2021 1:47 PM To: Mori, Ashley Subject: FW: George Smith : SMA 000078 - 22 David Oasay Ala Ka La #8. Please intake for SMA 21-000078. From: David Ooaasaay<DavidOoaasaay@gmail.com> Sent: Sunday,August 22, 2021 6:16 PM To:Jackson, Maija <Maija.Jackson@hawaiicounty.gov> Cc: George Smith <smittyberta@gmail.com> Subject: re: George Smith : SMA 000078- 22 David Oasay Ala Ka La#8. Aloha Michael Vitousek- Please accept this official notification that George Smith represents, and has always represented my interests, as the President of Ala Ka La AOAO, in any and all matters concerning Ala Ka La, especially the matters concerning the proposed Mysin SMA 22- 000078 matter. Respectfully, David Oasay Ala Ka La #8 808-345-3647 To Your Wealth! Begin Believe Behave BECOME! To Your Wealth! Begin Believe Behave BECOME! 1