HomeMy WebLinkAbout2025-08-25 PL-BOA-2025-000124 KELLBERG Ack Ltr ...
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County of Hawaii
BOARD OF APPEALS
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo,Hawai`i 96720
(808)961-8288 • Fax(808)961-8742
August 25, 2025
Mark M. Murakami, Esq. and Clint K. Hamada, Esq.
1003 Bishop Street, Suite 1600
Honolulu, HI 96813
Dear Mark M. Murakami, Esq. and Clint K. Hamada, Esq.:
Request: 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 Hawaii County Subdivision and
Zoning Codes (HCC, Chapter 23 and 25) to a Subdivision Approved in 2005
(SUB-05-000064).
Reference: PL-BOA-2025-000124
Appellant: Mark Kellberg
Location: 32-977 Old Mamalahoa Highway, Ninole, HI 96773
TMK: (3) 3-2-002:034
This is to acknowledge receipt of the above-referenced petition received on August 14, 2025.
According to the Board of Appeals Rules of Practice and Procedure Rule 6-1(b), the Board shall
either deny the petition for declaratory ruling, issue a declaratory order on the matter, or set the
matter for a hearing 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. The Board will consider your petition at the Board's hearing on Friday,November
14,2025, at 9:30 a.m.in the Hawai`i County Council Chambers, 25 Aupuni Street, Hilo,Hawai`i.
Board of Appeals Rules of Practice and Procedure section 8-11(d) requires notification of your
petition to all property owners within 500 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.
Hawai`i County is an Equal Opportunity Provider and Employer
Mark M. Murakami, Esq. and Clint K. Hamada, Esq.
Page 2 of 2
August 25, 2025
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 August 14, 2025. 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.hawaiicounty.gov/weblink/1/doc/34351/Page 1.aspx.
Should you have any questions, please feel free to contact the staff to the Board at
boardofappeals@hawaiicounty.gov.
Sincerely,
ezi7� 11.,
fcirCathy Lewis, Chair
Board of Appeals
cc: Board of Appeals
Planning Director
BOA Corporation Counsel— Sylvia Wan, Esq.
Department Corporation Counsel—Jean Campbell, Esp.
AD
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