HomeMy WebLinkAbout2026-01-13 PL-BOA-2026-000127 ROSEHILL Ack Ltr ;:.i.if‘li
.
County of Hawaii
BOARD OF APPEALS
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai'i 96720
(808) 961-8288 • Fax(808) 961-8742
January 13, 2026
Native Hawaiian Legal Corporation
1164 Bishop Street, Suite 1205
Honolulu, HI 96813
Dear Native Hawaiian Legal Corporation:
Request: Appeal of Decision by the Planning Director Dated December 4, 2025, Regarding
Issuance of Special Management Area (SMA) Minor Permit (PL-SMM-2025-
000079) for Construction of New Single-Family Residence and Related
Improvements
Reference: PL-BOA-2026-000127
Appellant: 'Ohana o Mokuhulu, Kaimu Makena, and Kalapana (Leslie Enriquez Rosehill)
Landowner: Kaimu Cove LLC
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 on January 5, 2026.
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, March 13, 2026, at 9:30 a.m. Please note that the parties may seek a settlement prior to
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
Hawai`i County is an Equal Opportunity Provider and Employer
Native Hawaiian Legal Corporation
Page 2 of 2
January 13, 2026
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 January 5, 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.hawaiicounty.gov/weblink/1/doc/34351/Page1.aspx.
Should you have any questions, please feel free to contact the staff to the Board at
boardofappeals@hawaiicounty.gov.
Sincerely,
5&ia47.._.71//1[34A-4Qe". 12,
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.
Kaimu Cove LLC
AD
V:\PL\PL\planning\public\BOA\Applications Letters\2026\2026-01-13 PL-BOA-2026-000127 ROSEHILL Ack Ltr.docx