HomeMy WebLinkAbout2026-06-12 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, June 12, 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.
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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.
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MINUTES
Approval of the May 15, 2026, Board of Appeals hearing minutes.
Approval of the May 15, 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, June 10, 2026.
https://www.zoomgov.com/meeting/register/FDzZO6XTSvKoZY8iwA-HOw
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
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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