HomeMy WebLinkAbout2026-02-18 PL-BOA-2026-000130 Kaimu Cove Ack Ltr JNSYfOF M1jy
ATE OF•H'�'
County of Hawaii
BOARD OF APPEALS
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo,Hawai'i 96720
(808)961-8288 • Fax(808)961-8742
February 18, 2026
Kaimu Cove LLC
c/o Mark Wyatt
12-55 Likoliko Loop
Pahoa, HI 96778
Dear Mr. Wyatt:
Request: Appeal of Decision by the Planning Director Dated January 28, 2026, Regarding
Notice of Violation and Order(PL-PCV-2022-00015) Relating to Failure to Comply
With Conditions of the Special Management Area Permit(PL-SMM-2025-000079)
Reference: PL-BOA-2026-000130
Appellant: KAIMU COVE LLC c/o Mark Wyatt
Landowner: KAIMU COVE LLC c/o Mark Wyatt
Location: 12-7789 Kalapana Kapoho Beach Road, Pahoa, HI 96778
TMK: (3) 1-2-018:001
This is to acknowledge receipt of the above-referenced petition received with filing fee on
February 12, 2026. Also, please note that the duplicate petition for this appeal (PL-BOA-2026-
000129) was voided.
According to the Board of Appeals Rules of Practice and Procedure Rule 8-11(a), the Board shall
conduct a hearing on the petition within one hundred twenty (120) days from the date the
petition is properly filed. The Board shall then act on the petition within a period of ninety (90)
days after the close of the hearing. Your petition will be scheduled for the Board's hearing on
Friday, June 12, 2026, at 9:30 a.m. Please note that the parties may seek a settlement prior to
Hawai'i County is an Equal Opprrrturrity Provider and Ernployer
Mark Wyatt
Page 2 of 2
February 18, 2026
the scheduled hearing. In such case, the parties may submit a request to continue the hearing
to the Board of Appeals staff.
Board of Appeals Rules of Practice and Procedure section 8-11(d) requires notification of your
petition to all property owners within 300 feet of the affected property. You must notify the
surrounding properties not less than twenty(20)days prior to the hearing date, and proof of your
notification shall be filed with the Board prior to the date of the hearing.
Please review the Board's Rule 3-13(g) regarding submission of exhibits to the Board. As an
Appellant, additional exhibits shall be submitted no later than thirty(30) days following the filing
of a complete appeal. Your petition to appeal was filed on February 12, 2026. Further, responding
parties have ten (10) days after filings to provide exhibits in response.
Please note that all correspondence sent to the Board of Appeals should also be sent to all
parties, which include the landowners, appellant, and the Director (appellee). Rules 2-6 and 8-8
direct you to the requirements regarding service of documents to all required parties. We
recommend that you review these rules to confirm that you have fulfilled their requirements.
The Board of Appeal's Rules of Practice and Procedure are available to view online at:
https://records.hawaiicountV.gov/weblink/1/doc/34351/Pagel.aspx.
Should you have any questions, please feel free to contact the staff to the Board at
boardofappeals@hawaiicounty.gov.
Sincerely,
3e667
Cathy Lewis, Chair
Board of Appeals
Enclosure
cc: Board of Appeals
Planning Director
BOA Corporation Counsel —Sylvia Wan, Esq.
Department Corporation Counsel —Jean Campbell, Esq.
BJM:CN
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