HomeMy WebLinkAbout2023-02-13 PL-BOA-2023-000065 IO PROCESSING Ack Ltr JNtr'.Ui'I,,y
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County of Hawaii
BOARD OF APPEALS
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo,Hawaii 96720
(808)961-8288 • Fax(808)961-8742
February 13, 2023
Steven S. C. Lim
Ian R. Wesley-Smith
Carlsmith Ball LLP
121 Waianuenue Avenue
Hilo, HI 96720
Dear Mr. Lim and Mr. Wesley-Smith:
Request: Appeal of Decision by the Director of Public Works Dated January 13,2023,
Regarding Denial of Declarations of Compliance for Agricultural Buildings
Reference: PL-BOA-2023-000065
Appellant: I'O PROCESSING COMPANY INC.
Landowner: Nichole Lokelani Kiyoko Kanda and John Totah
Location: 73-4103 Hawaii Belt Road,Kailua-Kona, 11196740
TMK: (3) 7-3-002:015
This is to acknowledge receipt of the above-referenced petition received on February 10, 2023.
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 ninety (90) 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,April 14,
2023, 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
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
Carlsmith Ball LLP
Page 2 of 2
February 13, 2023
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 10, 2023. 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.hawaiicountygov/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,
' 4
fes'Stacey Aguer, hair
Board of Appeals
cc: Board of Appeals
Director of Department of Public Works
BOA Corporation Counsel—Sherilyn Tavares, Esq.
Department Corporation Counsel— Sinclair Salas Ferguson, Esq.
Nichole Kanda and John Totah<<ioprocessing@gmail.com>>
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