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Home My WebLink About2025-08-29 Record on Appeal DeVera, Ashley From: SalasFerguson, Sinclair <Sinclair.SalasFerguson@hawaiicounty.gov> Sent: Friday, August 29, 2025 12:21 PM To: Planning Board of Appeals Cc: Lil_pete_78@hotmail.com; Lactaoen, Kawehilani S; DeMello, Melanie Subject: Record on Appeal for William Frazier Appeal, PL-BOA-2025-000123 Attachments: Record on Appeal - Frazier (PL-BOA-2025-0000123).pdf Hi Board of Appeals, Attached is the Record on Appeal for the above referenced matter. Thank you. Sinclair 1 RENEE N.C. SCHOEN 5936 Corporation Counsel SINCLAIR SALAS-FERGUSON 9398 Deputy Corporation Counsel Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 Telephone: (808) 961-8251 Facsimile: (808) 961-8622 E-mail: Sinclair.salasferguson@hawaiicounty.gov Attorneys for Appellee, DEPARTMENT OF PUBLIC WORKS, COUNTY OF HAWAI`I BEFORE THE BOARD OF APPEALS COUNTY OF HAWAI`I STATE OF HAWAI`I WILLIAM FRAZIER, CASE NO.: PL-BOA-2025-0000123 Appellant, vs. RECORD ON APPEAL; CERTIFICATE OF SERVICE DEPARTMENT OF PUBLIC WORKS, COUNTY OF HAWAI`I, Appellee. RECORD ON APPEAL Appellee DEPARTMENT OF PUBLIC WORKS, COUNTY OF HAWAI'I ("Public Works"), by and through its attorney, Sinclair Salas-Ferguson, Deputy Corporation Counsel, hereby submits Public Works' record on appeal for the above-captioned matter. A. RECORD ON APPEAL Pursuant to Board of Appeals Rules 3-13(h) and 1-3(21), the following documents are directly related to the decision that is being appealed: 1. A copy of the March 4, 2025 complaint ("Complaint") filed against the property owned by William Frazier ("Frazier"), specifically TMK: (3) 1-9-003:018, which alleges that Frazier has "done work in the County right-of-way for the installation of a driveway (eg. laying gravel)." (complainant's name and personal information is redacted). 2. A copy of the June 25, 2025 Investigation and Report Form completed by Public Works, which found that Frazier, amongst other things, had constructed an unpermitted driveway. (complainant's name and personal information is redacted). 3. A copy of the July 23, 2025 Notice from Public Works, which informs Frazier that he has "an unpermitted driveway approach that appears to be utilized within the County right-of-way, which is prohibited by Hawaii County Code (HCC) Section 22-4.8 Proper Driveway Approach Required." NEIL AZEVEDO, Acting Director, Department of Public Works, County of Hawaii, Appellee By: /s/ Sinclair Salas-Ferguson SINCLAIR SALAS-FERGUSON Deputy Corporation Counsel Attorney for Public Works DEPARTMENT OF PUBLIC WORKS INFORMATION AND COMPLAINT REQUEST FOR INVESTIGATION AND SERVICE REPORT File No. DPW25-024 Date: 3/4/25 Name: b Phone: Email: Bus: Address: Cell: TMK of Complaint: 190030180000 District: PUNA Location of Complaint: Left of 19-3904 Old Volcano Rd. Volcano, Hi 96785 Received by: Ashlee Mendonca — via Website 11:12 am. 1/6/25 Name Time (am/pm) Date Non-compliance of grubbing permit requirements and stockpiling of cleared materials resulting in the flooding of my property in several locations. Vegetation and Ohia were cleared from TMK 190030180000 beginning in July 2023 well before a permit was applied for. After extensive clearing occurred and all cleared materials were stockpiled near the street and within the county right-of-way my lot began receiving flood runoff from this lot in several locations. After alerting the owner to the flooding issue several times, as situation worsened, he refused to address and blamed me claiming I altered his land causing the issue. The adjacent lot owner then applied for a grubbing permit in 2024. In the meantime, I erected several sand bag walls and drainage systems to prevent flood runoff from flowing towards my house foundation. To date the owner of this lot has not implemented any adequate measures to minimize flooding and erosion problems created on his lot impacting mine. In addition, to violations of grubbing permit provisions the owner of TMK has done work in the County right-of-way for the installation of a driveway (eg. laying gravel). I have attempted to work towards resolving differences even offering to have my arborist handle several dying ohia destroyed by his actions on the lot line and having his contractor reestablish berms that they removed; this offer has gone unanswered. It appears the owner has filed a complaint against my preexisting driveway claiming that is the root of flooding issues. During a series of heavy rain events rivers flowed in front and behind my home/my storage building, and carved out huge sections of my driveway. After these flood events I found multiple pieces of horse excrement from the adjacent lot that flowed into mine; posing a serious biosecurity threat for my farm. I have no other options as my neighbor is reckless and immune to the damages he has caused; I just want my neighbor to do the pono thing and stop flooding my property. Referred to: ENG Date: 3/4/25 Referred by: Ashlee Mendonca DOC'&M6NT *1 I... DPW/IRF No. DPW25-024 0.1% Department of Public Works TMK 1-9-003:018 �, ENGINEERING DIVISION POSSIBLE VIOLATION F.Grubbing I—Grading r Stockpiling I— Drainage E Road/ROW E Trees INVESTIGATION AND REPORT FORM Other Complainant:i� By: KP Date: 3/4/2025 Address: _ I U bL 4')O Bus: Complaint/Problem: REFER TO DPW25-024 Res: y Investigation/Remarks (attach additionallss eets, sketches,photos, etc. as necessary): I—NO VIOLATION VIOLATION: F Over 1 acre grubbed Over 100 CY cut/fill r Over 5ft cut/fill I—Altering a drainage pattern E Over 500 CY stockpiled I—Grading in A, AE,AH,V, &VE I— Encroaching/obstructingEn ROW I—Signs in ROW E Commerical use of ROW I—Intersection sight distance t✓Unpermitted driveway I—Trees tall enough to reach house/water tank OTHER VIOLATION/ADDL INFO: [kb (CA4;C,,_ _ t)' c MOC,Y- 1'f n v't" ) t S CO .c.� / I /b 4 (,i,xi?^t ►^ M ' b/It% . Recommendation: Action(s)taken(indicate date and what was done; attach copies of su porti documentation): C / / Initial Investigation 6 Photos ( Response to Complainant Investigation Completed 7 :6_, Investigation/Engineer: LetpL Date: 4/2 /. C .tin/ of Hawaii is an Equal Opportunity Provider and Employer D PIO DCMAJT2 4O,M�Y OFh,� . 1 ' w �Irliy� C.Kimo Alameda,Ph.D. `.It'.� i. Neil A.Azevedo Mayor *At't_ Acting Director William V.Brilhante,Jr. Managing Director •County of H a w a i `i DEPARTMENT OF PUBLIC WORKS Aupuni Center 01 Pauahi Street.Suite 7• Hilo,Hawaii 96720-4224 (808)961-8321 Fax(808)961-8630 public_works@hawaiicounty.gov July 23, 2025 CERTIFIED MAIL W/RESTRICTED DELIVERY FRAZIER, WILLIAM PO BOX 883 VOLCANO HI 96785 SUBJECT: UNPERMITTED DRIVEWAY IN THE COUNTY RIGHT-OF-WAY (NOTICE) Location: Wright Road, Volcano, Hawaii Tax Map Key: (3) 1-9-003:018 It has been called to our attention that an unpermitted driveway approach appears to be utilized within the County right-of-way, which is prohibited by Hawaii County Code (HCC) Section 22- 4.8 Proper Driveway Approach Required. You are directed to apply for a Work Within the County Right-of-Way Permit to construct a permitted driveway approach within 30 calendar days from the date of receipt of this letter. A permit application is enclosed for your use. Please contact Keanu Payao at (808) 961-8328 or via email at Keanu.Payao@hawaiicounty.gov should you have any questions concerning this matter. FOR:ALAN K. THOMPSON, P.E. Division Chief Engineering Division KP Enclosures: Picture, ROW Permit Application County of Hawaii is an Equal Opportunit\ Provider and Employer DPW ocrr4 ' 3 PHOTO INDEX T11K: (3) 1-9-003:018 -. i ,AP:- '.'r..,-lw 4-.1 .. GSM R y.x• am. Est i }" !.44 ,�'}.• a ,;� � «. ; Picture No. 1 County of Hawaii is an Equal Opportunity Provider and Employer IOW DOcUMV&rt * 3 BEFORE THE BOARD OF APPEALS COUNTY OF HAWAI`I STATE OF HAWAI`I WILLIAM FRAZIER, CASE NO.: PL-BOA-2025-000123 Appellant, CERTIFICATE OF SERVICE vs. DEPARTMENT OF PUBLIC WORKS, COUNTY OF HAWAI`I, Appellee. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served upon the parties below by electronic mail service on August 29, 2025: 1. William Frazier, Appellant Lil_pete_78@hotmail.com 2. Sylvia Wan, Deputy Corporation Counsel SylviaA.Wan@hawaiicounty.gov Attorney for the Board of Appeals Dated: Hilo, Hawai`i, August 29, 2025. NEIL AZEVEDO, Acting Director, Department of Public Works, County of Hawaii, Appellee By: /s/ Sinclair Salas-Ferguson SINCLAIR SALAS-FERGUSON Deputy Corporation Counsel Attorney for Public Works