HomeMy WebLinkAbout2026-04-10 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
C. Kimo Alameda, Ph.D.
Mayor
Cathy Lewis, Chair
Rachel Able, Vice Chair
John Kimura
Scott Martin
Maci Wilson
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 10, 2026
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 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.
OLD BUSINESS
1. 1250 OCEANSIDE, LLC (PL-BOA-2024-000104)
PROPOSED AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER
Pursuant to Judgment on Appeal in 3CCV-25-0000025 Regarding an Appeal of Planning
Director Declaratory Ruling Docket No. 24-0001 dated April 29, 2024, in Response to C &
J Coupe Family LP Petition for Declaratory Ruling (PL-INT-2024-007028) dated February
7, 2024, and Supplement to Petition for Declaratory Ruling dated March 27, 2024,
Regarding the Dedication of Mauka Haleki`i Extension, Makai Haleki`i Extension, and
Connector Road to the County and a Request of Public Hearing.
Location: Kealakekua, South Kona
TMK: (3) 8-1-004:070 & 8-1-030:055
2. 1250 OCEANSIDE, LLC (PL-BOA-2024-000105)
PROPOSED AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER
Pursuant to Judgment on Appeal in 3CCV-25-0000028 Regarding an Appeal of Planning
Director Declaratory Ruling Docket No. 24-0002 dated April 29, 2024, in Response to
1250 Oceanside LLC Petition for Declaratory Ruling (PL-INT-2024-007099) dated February
28, 2024, Regarding Planning Director Not Ruling Upon Certain Requests, and Related to
the Dedication of Mauka Haleki`i Extension, Makai Haleki`i Extension, and Connector
Road.
Location: Kealakekua, South Kona
TMK: (3) 8-1-004:070 & 8-1-030:055
NEW BUSINESS
1. MARK KELLBERG (PL-BOA-2025-000124)
Appeal of Planning Director Denial of Petition for Declaratory Ruling Docket No. 25-0001
Dated July 18, 2025, in Response to Mark Kellberg’s Petition for Declaratory Ruling (PL-
INT-2025-010598) dated May 23, 2025, Regarding the Applicability of Various Sections
of the Hawaiʻi County Subdivision and Zoning Codes (HCC, Chapter 23 and 25) to a
Subdivision Approved in 2005 (SUB-05-000064).
Location: 32-977 Old Māmalahoa Highway, Nīnole, HI 96773
TMK: (3) 3-2-002:034
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 January 9, 2026, Board of Appeals hearing minutes.
Approval of the January 9, 2026, Board of Appeals hearing transcripts.
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 08, 2026.
https://www.zoomgov.com/meeting/register/z3JTfRF_RwmyK-p-tJRAXg
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 are 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