HomeMy WebLinkAbout2026-06-10 Gary Rosenberg Appeal of Decision by Planning Director 17023016.pdfRECEIPTIDATE --No.
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County of Hawaii
BOARD OF APPEALS
Aupuni Center • 101 Pauahi, Suite 3 • Hilo, Hawaii 96720
(808) 961-8288 • Fax (808) 961-8742
GENERAL PETITION FOR APPEAL OF
DECISIONS BY PLANNING DIRECTOR OR PUBLIC WORKS DIRECTOR
(Type or legibly print the requested information. See instructions attached.)
TYU OF PETITION (check one):
Appeal Decision of the Planning Director
SUBJECT PROPERTY (land in question):
Tax Map Key (TMK):
State Land Use
Designation:
Street Address: — Z
APPELLANT INFORMATION:
Name(s):
Signature(s):
Mailing Address:
Telephone:
Interest in Subject
Property:
Appeal Decision of Director of Public Works
Area of Property: /%-- Act
County Zoning: , A. -
I
LANDOWNER INFORMATION:
Name(s):
Signature(s)': Dilate:
Mailing Address: q \ ex-L«
Telephone:
Email:
APPELLANT REPRESENTATIVE INFORMATION (leave blank if not applicable):
Name(s)/Title(s):
Signature(s):
Mailing Address:
Telephone:
Email:
Date:
Not required if the Landowner is not the Appellant.
\\COH01\planning\public\BOA\Forms and Labels\Application Forms\APPEAL 2021-07 - PL or PW Dir.docx Revised April 2021
Statement of the nature of Appeal and the Relief Requested. Include Director's decision and decision
date:
Statement of how the Director's decision violates the law; or is clearly erroneous; or is arbitrary or
capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion:
Statement of any other relevant facts:
If there is insufficient space on this form to provide the information, then please include supplemental documents.
\\COHO1\planning\public\BOA\Forms and Labels\Application Forms\APPEAL 2021-07 - PL or PW Dir.docx Revised April 2021
Attachment to General Petition for Appeal of Decisions by Planning Director or Public
Works Director: responses to questions on Page 3 of the application.
State the nature of the appeal and the relief requested. Include the Director's decision
and the decision date.
Petitioners to this appeal, all residents of the neighborhood served by North Ala road are
requesting reconsideration and denial of variances granted associated with the development of
six+ residential lots associated with TMK: (3)1-7-023:016. It is requested that the development
only be allowed should the existing non -conforming roadway be improved to meet current
County of Hawaii standards for roads serving residential subdivisions for two-way traffic
including adequate hard shoulders. Included in the requested relief is the replacement of
existing non -conforming electrical poles away from the road surface where they currently pose a
hazard. Also, included in the requested relief is that the long-term viability of County water lines
beneath the road bed be addressed to insure continued service such that lines can be serviced
into the future without presenting the potential for disruption to the community.
The Directors decision as of May 14, 2026 included variances pertaining to to water service (PL-
SVAR2026-000080) and to Road varience (PL-SUB-2025-000357)
Statement of how the Director's decision violates the law; or is clearly erroneous; or is
arbitrary or capricious or characterized by an abuse of discretion or clearly unwarranted
exercise of discretion.
This appeal in no way implies that the Director's decision either violates the law, is arbitrary or
capricious or represents an unwarranted exercise of discretion. Grounds for this appeal are that
the circumstances pertaining to the particular situation regarding the request for the variances
were materially misrepresented by the applicant and should be considered in the application
process. Petitioners to this appeal are confident that had the Director been made aware of facts
pertaining to the application for variances a different conclusion would have been forthcoming.
Statement of any other relevant facts:
North Ala serves as the only paved access to over 20 residential lots, a major nursery which
employs 450 people, and 5 independent livestock producers. Current traffic levels already pose
as safety hazard. The only alternative access to the area is associated with a blind intersection
where Momona Road feeds into Huina Road directly below a series of blind curves.
North AI'a is a 1Oft wide, a single lane paved road which for 1/3 mile serves as the only paved
access for the agricultural communities along South and Middle Roads. This area has been
farm and pasture land for decades. Residents raise cattle, horses, sheep, goats and other
livestock throughout this area and livestock trailers must navigate North Ala regularly.
Current traffic levels the road presents an ongoing challenge to neighbors in navigating two-way
traffic. Giving way to oncoming traffic inevitably involves pulling onto a potentially soft shoulder
and getting stuck. North AI'a also hosts foot traffic and bicycle traffic on occasion including small
children. Navigating North AI'a even given current traffic levels is anxiety producing. The
proposed development includes the addition of three driveways which will transform what is
currently two way traffic into a series of blind intersections with the potential of pedestrian traffic
including hazards to children on bicycles and free -roaming animals.
North AI'a serves as the only paved access to Puna Certified Nursery, one of the largest private
employers in the State. These facts directly contradict the assertion made by the applicant that
North Road serves "a limited number of low -density lots, is not associated with public
utilities and will not endanger the public through diminishing access for county public
safety services as a result of increased traffic."
The single -lane roads throughout the area are vestiges of the days of the sugar cane fields. All
the roads in the area are in need of improvement given current traffic levels. However, the
bottleneck for entire area - commercial, agricultural and residential lots is the one -block of North
Ala Road which connects South Road to Huina Road.
This one -block section of North Ala is privately -held and unlike all the other private roads in the
area which are 60 foot easements, North Ala is only 20 feet wide in total. There are no turn -outs
associated with this 1/3 mile stretch of road. Oncoming traffic is forced to negotiate using very
limited soft -shoulders regularly. Suitable turn -outs are not possible along the entire stretch of
road from Huina to South Road given the narrowness of the parcel.
North Ala was never constructed to comply with County road standards and intended only as a
temporary improvement to serve commercial traffic associated with Puna Certified Nursery.
Administrative oversights do happen. Page 10 of the development permit included herewith is a
letter from the Hawaii County Department of Water Supply listed as "Exhbit A". Contrary to the
letter included from the County Water District which implies that North Ala is beyound their area
of service, County water lines which serve area are embedded below the road bed. Should
there be the need to service these water lines (as has been the case along all of South Road for
the past few years) it will bring all traffic, both through traffic and that associated with the
proposed development to a standstill.
In addition, existing antiquated wooden electrical poles, 4-feet from the road bed, serve the
entire area. These are a potential hazard under existing conditions. Proposed gravel turn -outs
which will incorporate the electric poles will greatly exacerbate the potential risks associated
with a collision potentially resulting in catastrophic fire. The petitioners to this appeal request
that the proposed development requires bringing utilities and the roadway into compliance with
current County regulations for residential subdivisions. (please see attached photos)
Even should the proposed gravel turn -outs prove to be affective at redirecting traffic and easing
congestion these will require continual upkeep. North Ala is a private road and no adequate
provisions can be made to insure upkeep over time. The addition of the proposed turn -outs
places an additional burden on the community at large for maintenance for these turn -outs.
The developer applicant misrepresented the shape of the parcel in question, the possibility to
alter the design such that community concerns for safety can be met, the nature of the
community and the importance of access road both for the community and regarding public
safety. On page 14 of the application for a variance, referring to section 23-15 of the Code, the
applicant stated: "...as the road is private, dead-end, and serves only the subdivided lots
with low vehicle volumes. Emergency access remains adequate, and no public utilities or
dedication are impacted... " This is misleading. The application refers to a proposed road
internal to the development not North Ala which is an arterial for the area.
To: The Planning Commission Appeals Board
Re: Appeal of decision to grant a development variance for
TMK: (3) 1-7-023:016 (PL-SUB-2025-000357)
subdivision of 9.43 acre lot into 6 residential lots at the intersection of South Road
and and North AI'a in Puna, Hawaii
From: Gary Rosenberg et.al. , residents of South Road, Middle Road and North AI'a
Petitioners party to this appeal:
Gary Rosenberg, 17-4722 South Road
Malcom Saxby, 17-4373 South Road
Matt Kleinfelder, 17-4453 South Road
Ron Takeuchi, 17-4389 South Road
Trevor Saxby, 17-4370 South Road
Jorge Ayala, 17-277 North Ala Road
Sky Stressman & Kristen Franzen, 17-4437 South Road
Rosemarie Saxby, 17-4430 South Road
Gilbert & Tracey Aguinaldo, 17-4405 South Road
Jason Moramisato 17-313 North Ala Road
Shannon Bianchi & Aaron Woolman, 17-684 Mana'Olana (Middle Road)
Pebbles & Richard Valdez, 17-4590 South Road
Ernest & Holly Keli, 17-4590 A South Road
Reed & Ellen Oda, 17-4423 South Road
Micheal Allison, 17-4580 South Road
Summary
The partitioners to this appeal, all of whom live in the area directly served by North Ala road
contend that the director erred in his decision to grant a variance regarding non -conforming
access to the proposed development. This appeal outlines the increased safety risks that would
result should the proposed development be allowed to proceed without the necessity of bringing
the current one -lane, non -conforming road into compliance with County standards for residential
subdivisions
North Ala serves as the only paved access to over 20 residential lots, a major nursery which
employs 450 people, and 5 independent livestock producers. Current traffic levels already pose
as safety hazard. The only alternative access to the area is associated with a blind intersection
where Momona Road feeds into Huina Road directly below a series of blind curves.
North AI'a is a 10ft wide, a single lane paved road which for 1/3 mile serves as the only paved
access for the agricultural communities along South and Middle Roads. This area has been
farmed and pastureland for decades. Residents raise cattle, horses, sheep, goats and other
livestock throughout this area and livestock trailers must navigate North Ala regularly.
Current traffic levels the road presents an ongoing challenge to neighbors in navigating two-way
traffic. Giving way to oncoming traffic inevitably involves pulling onto a potentially soft shoulder
and getting stuck. North AI'a also hosts foot traffic and bicycle traffic on occasion including small
children. Navigating North AI'a even given current traffic levels is anxiety producing. The
proposed development includes the addition of three driveways which will transform what is
currently two-way traffic into a series of blind intersections with the potential of pedestrian traffic,
including hazards to children on bicycles and free -roaming animals.
North AI'a serves as the only paved access to Puna Certified Nursery, one of the largest private
employers in the State. These facts directly contradict the assertion made by the applicant that
North Road serves "a limited number of low -density lots, is not associated with public
utilities and will not endanger the public through diminishing access for county public
safety services as a result of increased traffic."
The single -lane roads throughout the area are vestiges of the days of the sugar cane fields. All
the roads in the area are in need of improvement given current traffic levels. However, the
bottleneck for entire area - commercial, agricultural and residential lots - is the one -block of
North Ala Road which connects South Road to Huina Road.
This one -block section of North Ala is privately held and unlike all the other private roads in the
area which are 60-foot easements, North Ala is only 20 feet wide in total. There are no turnouts
associated with this 1/3-mile stretch of road. Oncoming traffic is forced to negotiate using very
limited soft shoulders regularly. Suitable turnouts are not possible along the entire stretch of
road from Huina to South Road given the narrowness of the parcel.
North Ala was never constructed to comply with County Road standards and intended only as a
temporary improvement to serve commercial traffic associated with Puna Certified Nursery.
Administrative oversights do happen. Page 10 of the development permit included herewith is a
letter from the Hawaii County Department of Water Supply listed as "Exhibit A". Contrary to the
letter included from the County Water District which implies that North Ala is beyond their area
of service, County water lines which serve area are embedded below the roadbed. Should there
be the need to service these water lines (as has been the case along all South Road for the
past few years) it will bring all traffic, both through traffic and that associated with the proposed
development to a standstill.
In addition, existing antiquated wooden electrical poles, 4-feet from the roadbed, serve the
entire area. These are a potential hazard under existing conditions. Proposed gravel turnouts
which will incorporate the electric poles will greatly exacerbate the potential risks associated
with a collision potentially resulting in catastrophic fire. The petitioners to this appeal request
that the proposed development requires bringing utilities and the roadway into compliance with
current County regulations for residential subdivisions. (please see attached photos)
Even should the proposed gravel turnouts prove to be effective at redirecting traffic and easing
congestion these will require continual upkeep. North Ala is a private road, and no adequate
provisions can be made to ensure upkeep over time. The addition of the proposed turnouts
places an additional burden on the community at large for maintenance for these turnouts.
The developer applicant misrepresented the shape of the parcel in question, the possibility to
alter the design such that community concerns for safety can be met, the nature of the
community and the importance of access road both for the community and regarding public
safety. On page 14 of the application for a variance, referring to section 23-15 of the Code, the
applicant stated: "...as the road is private, dead-end, and serves only the subdivided lots
with low vehicle volumes. Emergency access remains adequate, and no public utilities or
dedication are impacted..." This is misleading. The application refers to a proposed road
internal to the development not North Ala which is an arterial for the area.
Index of Included documents and Attachments
1. Copy of application for variances by Shane Turpin regarding TMK: (3) 1-7-023:016 (PL-
SUB-2025-000357)
2. Letter to Planning Department Director Jeff Darrow as notice of service of this Appeal
granting to Shane Turpin variances regarding TMK: (3) 1-7-023.016 (PL-SUB-2025-000357)
3. Letter and photocopy of envelope to Shane Turpin via US postal system as notice of service
of this appeal granting a variance regarding TMK: (3) 1-7-023.016 (PL-SUB-2025-000357)
4. Check from Gary Rosenberg, Eden Farms Hawaii for processing fee for this appeal.
5. Photographs of North Ala Road exemplifying the prevalence of oncoming two-way traffic
and lack of turnouts to conduct safe two-way travel.
6. Photographs of North Ala documenting the proximity and condition of existing electrical
poles 4 feet from existing road surface.
7. Completed application for appeal of variance and attached page containing responses to
questions on page three of the application.
8. Letters from petitioners to this appeal in support of reconsideration of the variance
9. Schematic of County Approved requirements for paved roads in residential developments.
Street Pavement Shoulder Swale 1?- 2'-0"
5'-0" Min. 6:1 Slope, 6% max.
r-t Finish Grade 0 Driveways
Condition at
*3" Thk. Asphaltic Concrete Fill Section
State Mix N Utility Poles shall
*4" Thk. Crushed Aggregate not coincide with 2" Thk. Asphaltic Concrete
Base Course the invert location State Mix N
4" Thk. Crushed Aggregate
*6" Thk. Crushed the
Base Course
Subbase
HALF SECTION OF STREET WITH SHOULDER
;- Street
/—(L Finish Grade
*3" Thk. Asphaltic Conc
State Mix IV
*4" Thk. Crushed Aggre
Base Course
*6" Thk. Crushed Aggre
Subbase
4" Thk. Class "A" Concrete
4" Thk. Crushed Aggregate
Base Course
HALF SECTION OF STREET WITH SIDEWALK
FOR SUBDIVISIONS ZONED RS-10 AND HIGHER DENSITY
*Pavement section for roads with Average Daily
Traffic >2000 shall be designed by a licensed
Geotechnical Engineer for a 20 year design life
using HDOT approved methods.
ROAD PAVEMENTS AND SHOULDERS
COUNTY OF HAWAII I ROAD PAVEMENTS AND SHOULDERS STANDARD
SCALE: NOT TO SCALE SEPTEMBER 2017 DETAILS
Condition at
Cut Section
R-191
Gary Rosenberg
P.O Box 418
Kurtistown, HI 96760
To: Planning Director Jeff Darrow
County of Hawaii
From: Gary Rosenberg et. al., petitioners requesting reconsideration of a variance to
Shane Turpin for development of 6 residential lots on the corner of North Ala and
South Road, Mountain View. TMK: (3) 1-7-023:016 (PL-SUB-2025-000357)
Date: June 13, 2026
Dear Mr. Darrow:
As required by the appeals process please be in receipt this letter and the attached package of
evidence and testimony requesting reconsideration of the variance granted to Shane Turpin
regarding his proposed development of six residential lots on North Ala and South Roads. TMK:
(3) 1-7-023:016 (PL-SUB-2025-000357).
We have also noticed Shane Turpin by letter and included the entire contents of this appeal by
US Mail.
Please find the following documentation in support of our petition included herewith:
Thank you in advance for your consideration and for remedying what is clearly an administrative
over site.
With gratitude,
Gary Rosenberg
representing additional petitioners
17-4722 South Road
Kurtistown, Hawaii 96760
garyrosenberg(a) mail.com
510-849-9808
Gary Rosenberg
P.O Box 418
Kurtistown, HI 96760
garyrosenberg@gmailcom
510-849-9808
To: Mr. Shane Turpin
81 Makaila Street
Hilo, Hawaii 96720
From: Gary Rosenberg et. al., petitioners requesting reconsideration of a variance to
granted to Shane Turpin for development of 6 residential lots on the corner of
North Ala and South Road, Mountain View. TMK: (3) 1-7-023,016
(PL SUB-2025-000357)
Date: June 13, 2026
Dear Shane:
As required by the appeals process please be in receipt this letter and the attached package of
evidence and testimony requesting reconsideration of the variance granted regarding your
proposed development of six residential lots on North Ala and South Roads. TMK: (3) 1-7-
023:016 (PL-SUB-2025-000357).
We have also noticed the Planning Department and the Director of planning and requested a
hearing for reconsideration.
Please find the documentation in support of our petition as required by the appeals process.
We appreciate the hardship this presents but feel that additional traffic at that intersection is
inappropriate given the road's capacity and introduces a safety hazard for the entire
neighborhood. Should there be a way to improve North Ala such that it is compliance with
County standards for residential subdivisions that would satisfy many concerns.
Very truly,
Gary Rosenberg and additional petitioners
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N. Ala Road, Kurtistown, Hawaii 96760 condition
Vehicles to pull over on the side of the road
N. Ala Road, Kurtistown, Hawaii 96760
Photographs showing the proximity and condition of
electrical poles to the roadway
N. Ala Road, Kurtistown, Hawaii 96760
Another photograph for the presentation another
electrical pole that is already jeopardized
March 18, 2026
NOTICE TO ADJACENT PROPERTY OWNERS
(Re: Subdivision Variance Application PL-SVAR-2026-000080
TMK(3) 1-7-023:016)
Dear Neighbor,
f
I am the applicant and owner of the property identified below. This letter serves as official notice,
pursuant to Hawaii County Code Chapter 23, Section 23-17, that I have applied for subdivision
variances affecting a property located within three hundred (300) feet of your parcel.
1. Applicant Information
Shane Turpin 81 Makalika Street Hilo, HI 96720
Phone: (808) 990-0553
2. Precise Location of the Property
Tax Map Key: (3) 1-7-023:016
A location/vicinity map is attached for your reference.
3. Nature and Purpose of the Variance Request
Attached is an official public notice describes the project and the two variances being requested:
4. Director's Decision Date and Where to Send Comments
The Planning Director will render a decision on this variance application no later than May 15, 2026.
Written public comments may be sent to:
Hawaii County Planning Department 101 Pauahi Street, #3
Hilo, Hawaii 96720
Phone: (808) 961-8288
5. Deadline for Written Public Comments
All written comments must be received by the Planning Director no later than April 16, 2026.
Thank you for your attention to this matter. If you have any questions, you may contact me directly
or the Planning Department at the number above.
Sincerely,
Shane Turpin
Applicant / Owner
Specific Code Sections for Which Variance is Requested
Request for a variance from the following sections of Hawaii County Code Chapter 23
Section 23-41: Minimum right-of-way and pavement widths — To allow a reduced right-of-way width of
approximately 20-22 feet in portions of Road Lot 6-8 (as shown on the attached preliminary map), instead of
the standard minimum for minor streets or nondedicable roads in agricultural zones (typically 44-50 feet ROW
with 20-foot pavement).
Section 23-87: Standard for nondedicable street; escrow maintenance fund — To allow the proposed private
dead-end road (Road Lot 6-8) with reduced pavement and ROW standards, while still providing an escrow
maintenance fund as required. The road is not intended for dedication to the County, as it serves only a small
number of low -density lots in a rural area.
The proposed road is a dead-end access way serving seven lots, with varying widths including future widening
easements (e.g., 20.0' easement) and utility easements. Full compliance with standard widths would require
excessive grading and cost disproportionate to the low -traffic use.
• Grounds for Variance (Per Section 23-15)
Pursuant to Section 23-15 of the Subdivision Code, the variance meets the required grounds as follows:
(a) Special or unusual circumstances applying to the subject property: The property is an irregularly shaped,
elongated parcel in a rural agricultural area of Puna, with natural topography and vegetation that make full -
standard road construction challenging and environmentally disruptive. The site has no existing drainage
issues but features gentle slopes and dense vegetation typical of Ola'a lands. Requiring a full 44-50 foot ROW
would necessitate significant clearing and earthwork, impacting the agricultural character and increasing
erosion risks. The low -density subdivision (seven 1+ acre lots) generates minimal traffic, making standard
arterial -level roads unnecessary.
(b) Variance necessary for enjoyment of substantial property rights: Without the variance, the cost of
constructing a full -standard road would render the subdivision economically infeasible, denying reasonable use
of the land for agricultural/residential purposes consistent with A-1a zoning. The property has been held for
development, and the variance allows access without overburdening the owner, similar to other rural
subdivisions in Puna.
(c) No substantial detriment to the public good or impairment of the intent of the Code: The reduced standards
will not affect public safety, as the road is private, dead-end, and serves only the subdivided lots with low
vehicle volumes. Emergency access remains adequate, and no public utilities or dedications are impacted. The
variance aligns with the Subdivision Code's intent to promote orderly development while accommodating rural
conditions, as seen in prior approvals for similar nondedicable roads in agricultural districts.
(d) Hardship not self-created: The need arises from the parcel's inherent shape, location, and topography, not
from actions by the owner. The property was acquired in its current form, and the subdivision design minimizes
impacts while providing access.
(e) Minimum variance necessary: The requested reductions are the minimum needed to achieve viable access,
with proposed widths (e.g., 20' pavement in key segments) sufficient for two-way traffic and utilities. An escrow
maintenance fund will be established per Section 23-87 to ensure long-term upkeep.
low
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NOTICE OF VARIANCE APPLICATIONS
Water System and Road Access
AFFECTING TMK 1-7- 023-016
PROPOSED 7 LOTS, TOTAL AREA 9,523 AC
FOR MORE INFORMATION, CONTACT;
Planning Department
101 Pauahi Street, #3
Hilo, Hawaii 96720
Phone: (808) 961-8288
To: Board of Appeals for Planning and Pubic Works, Hawaii
County
From: Gary Rosenberg, 17-4722 South Road, Kurtistown HI
96760
Cell: 510-849-9808
Re: Appeal of variance granted PL-2026-000080, TMK: (3) 1-7-
023:016
Members of County Appeals Board:
After extensive discussions with our neighbors consensus is it is
inappropriate and unsafe to extend a variance to enable the
subdivision of TMK: (3) 1-7-023:16 without bringing North Ala
road into compliance with current County standards for residential
subdivisions.
This corner lot and the corner of South Road and North Ala Road
under current conditions possess a hazard - specifically the
potential of young children on bicycles. Under existing conditions
it is necessary to negotiate passage with oncoming traffic, in my
experience almost every time I leave or return home.
As the legal owner of South Road, I have expressed my concerns
over the safety of our community with the owner/developer who
responded by threatening to gate off the road to all through traffic.
Our mixed use neighborhood is comprised of agricultural,
commercial and residential lots. The existing roads are already
overburdened and in need of improvement to insure access for
emergency vehicles.
Please feel free to reach out if I can be of any additional assistance
regarding this matter.
Very truly,
Gary Rosenberg
17-4722 South Road
To whom this may concern my name is
Jason Moromisato I am the owner of 17-
313 NAla Rd I am in objection to
application of variance PL-2026-000080
TMK (3) 1-7-023:16.
The reason for my objection to this
development is that already N Ala Rd is a
tight one lane road and with the existing
traffic as it is now you really got to be very
careful with cars and kids that use this
road this area from my understanding was
designed to be a agriculture subdivision
not a housing project we are already
losing alot of ag lands to housing
development not to say that we don't
need housing but we also got to preserve
what little ag lands we have left. Mahalo
for your Time
June 5, 2026
Re: Subdivision along N. Ala,
Between Huina and South Rd
Gary,
I am writing to you regarding the
subdivisions being and or going to
be proposed along N. Ala
between Huina and South Rd. TMKs in
question include 170230010000 (Shane
Turpin 9.6 ac), 170230010000 (Ghana
Valley Homes 6.2 ac) and 17023020000
(Ghana Valley Homes 3.07 ac). As I
understand it, these lots can be
subdivided into one- or two -
acre parcels.
My concern for these proposed lots and
subdivision is that they will
negatively impact our community by
impeding ingress and egress to and
from our properties and all other
properties along South Rd mauka of N
Ala. As you know, the easement for N
Ala along the proposed subdivisions is
only 20 or 30
ft. Currently, access is already cumbers
ome, requiring vehicles to pull
over onto people's private property to
allow other vehicles to pass. I would
think that the addition of several
more residents along N. Ala will
only exacerbate the current traffic
flow situation.
I would hope in your contact with
the County planning and zoning
departments that the above be
taken into consideration before any
subdivision is finalized. As I understand
it, emergency vehicle egress and
ingress require a
certain minimum easement width, perha
ps 50 ft. Additionally, street lighting may
be of concern, road surface materials,
and road maintenance agreements.
Please voice my concern to the County
about the proposed subdivisions. At a
minimum I would hope fora 50 ft wide
paved easement for N. Ala
between Huina nd South Rd.
Michael Allison
PO Box 1158
Kurtistown, Hi 96760
(425) 221-0035
Ilamamarch@yahoo.com
April2, 2026
Hawai'i County Planning Department
101 Pauahi Street, #3
Hilo, Hawai'i 96720
Re: Subdivision Variance Application PL-SVAR-2026-000080 ; TMK (3)1-7-023 :016
Dear Friends,
I am writing this letter regarding the application above, at this time I am not in favor of this
variance for the following reasons:
1. Some history, former Mayor Stephen Yamashiro and I worked together to pave the
existing road.
2. The road was lightly paved to help homeowners enter and depart from at that time a
dirt and very rough road.
3. The existing pavement is roughly 10' wide and would not support additional traffic
and wear and tear.
4. The utility poles are located very close to edge of road and would present additional
damages with increased traffic.
5. The existing water line, as is known runs underground in the middle of the road, this
would be difficult to service.
6. At the entrance to the existing road, there is a deep ravine which would present a
problem if guard rails are not installed.
If any additional information is needed, please feel free to contact me or I can also come to
your office.
Sincerely,
PCN INC. dba PUNA CERTIFIED NURSERY
Malcolm R. Saxby
Owner/President
5j)ei_idhziflo i.n Dracaenas, PaImS Cmd Landscape Plants, i Inds(-apin- l_ii_erise
P.O. BOX 771 HILO, M 9672) 1-0771 PH: (808) 966-8 300 Fax: (808) 9�2- 090
Hawai'i County Planning Department
101 Pauahi Street #3
Hilo, Hawai'i 96720
To: The Director of Planning, Hawai'i County
From: Kristen Franzen 17-4437 South Road, Kurtistown HI 96760
Re: Objection to application for variance PL-SVAR-2026-000080, TMK:(3) 1-7-023:016
Dear Director,
am writing this letter in regarding the application above, at this time I am not in favor of
this variance for the following reasons
1. Safety of my children and the other children that live on these streets. Children are often
on their bikes and playing in the streets. Our streets are small, one lane, and no area is
often available for children to get out of the way safely, they usually have to ride for a
little while before it is safe to get to the side of the road. More traffic means more unsafe
conditions for the children living here.
2. The road where the houses will be built on Ala road is a one lane road with no pull offs of
the road that you can yield to other cars. More traffic will increase unsafe driving
conditions as well as no safe place to pull off the road since
3. There is a massive drop off on the corner of Ala and Huina, this is unsafe without
guardrails in place more traffic will mean more incidents if not properly dealt with.
4. The utility poles are very close to the current one lane road this development will cause
more damage to these utility poles and possible outage of services with the damages. .
5. If you are allowing developers to build they should be making the infrastructure to create
safe road ways and pathways for pedestrians first before being allowed to build. Why do
you allow them to come and build, make money, and then leave residence to solve these
issues they created .
6. This is an agricultural neighborhood with infrastructure issues already such as Huina's
windy road and accidents are bound to happen with more traffic as it happens almost
daily now.
7. Agricultural areas should stay agricultural. In Hawai'i we are not self-sufficient with our
food and most of it comes onto this island on a boat. Taking away agricultural land is
ensuring that food dependency from others will continue on these islands. This area
could be used for agriculture.
8. Developers are making money while Hawaiian's are being priced out of their homeland.
Who benefits from this development? Will they be Hawaiian Home, affordable homes or
just another way for a few to get rich while others have to suffer.
Mahalo for reading my concerns,
Kristen Franzen
kristenefranzen89Liamail.cQm
Aloha, my name is Jorge Ayala. I reside at 17 -,
277 north Ala rd
Objection to road application for variance. PL -
2026 - 0000 -80 TMK (3) 1-7-023:16
I'lost 2 pets ran over by cars on N .ALA road and
no one stopped to to APOLOGIZE
Too much traffic on north island already.
Without this project. Proceeding, please
Reconsider this project.
The road is only 40 feet wide from my driveway.
People pull into my driveway to let passing
cars, and my grass is tore up.
Mahalo for considering this stoppage
JORGE AYALA
L�����~l_ c,�(e'i�=�,
i
'
44/ ve-izloq
U---'-------'------- -- ----- --' ------' --- ---- --
RON TAKEUCHI
17-4389 SOUTH ROAD
KURTISTOWN, HAWAII 96740
June 3, 2026
Hawai'i County Planning Department
101 Pauahi Street, #3
Hilo, Hawai'i 96720
Re: Subdivision Variance Application PL-SVAR-2026-000080 ; TMK (3)1-7-023 :016
Ladies and Gentlemen,
My name is Ronald Takeuchi and I have been a resident of 17-4389 South Road in
Kurtistown, Hawaii 96740 for 40+ years.
About N. Ala Road, two cars can't pass each other without one or both cars going off to the
shoulders because of the vegetation in some areas you can't see the edge of the road and
there is chance that a car may go over the edge of the road flip over.
I am opposing the proposed subdivision at the corner of N. Ala Road and South Road
Kurtistown because it will increase traffic with the narrow road and will incur frustrations
with the residents and increase traffic accidents.
Thank you for your time and consideration.
Sinc ely, , ,7
Ron Takeuchi
Resident
malcolm@punacertifiednursery.com
From: Trevor Saxby < trevorsaxby@yahoo.com >
Sent: Tuesday. June 2, 2026 &09 PM
To: Dad
Subject: Letter for Opposition of Subdivision on North Ala Road, Kurtistown
To Whom It May Concern,
I am writing to express my opposition to the proposed subdivision in our neighborhood.
As a resident and property owner in the area, I am concerned about the significant impacts this project
may have on our community. The proposed subdivision would increase traffic on roads that are already
limited in capacity and could create safety concerns for residents, children, pedestrians, and emergency
vehicles.
I am also concerned about drainage, runoff, and potential environmental impacts. Our area experiences
periods of heavy rainfall, and additional development may increase flooding, erosion, and stress on
existing infrastructure. These issues should be thoroughly evaluated before any approvals are granted.
Furthermore, the proposed subdivision would alter the rural character of our neighborhood and place
additional demands on local services and infrastructure. Many residents chose to live in this area
because of its low -density nature, open space, and quality of life. The project appears inconsistent with
those community values.
I respectfully request that the reviewing agency carefully consider the concerns of existing residents and
deny approval of this subdivision, or at minimum require a comprehensive review of its impacts on
traffic, drainage, infrastructure, environmental resources, and neighborhood character.
Thank you for your time and consideration.
Sincerely,
Trevor and Shantelle Saxby
Hawai'i County Planning Dept.
101 Pauahi St., #3
Hilo, Hi., 96720
Re: Subdivision Variance Application PL-SVAR-2026-000080 : TMK (3) 1-7-023 :016
Dear Friends,
I'm writing this letter regarding the application above. I am not in favor of this variance for
the following reasons:
1. Stephen Yamashiro & my husband Malcolm Saxby worked together to have this road
paved with a light coat of asphalt so those of us who lived out here could have safe
access to our property.
2. The road was a one lane dirt road with many potholes, the residents who lived off this
one lane road pitched in to help us do this.
3. There is just a light coat of asphalt 10' wide & not much room to pull over when
vehicles are coming from the other direction. In fact, there is a deep ravine at the
beginning of the road coming off Huina. Twice I have seen vehicles fall in it!
4. This road has quite a lot of traffic already has this developer has put in several houses
on the lower portion of South Rd. and many of those homeowners like to use N. Ala to
access their property.
5. This is a privet road that was maintained by our Road Association & we maintain the
sides to keep the asphalt from crumbling. It was not built to handle the amount of
traffic this subdivision is going to bring.
6. There is no space to widen this road into two lanes to handle the amount of traffic that
will be coming.
I would sincerely ask that you reconsider this application as this will affect those of us
who already live & work on this land that was originally zoned for Ag. Not subdivisions.
Sincerely
Resident
Rosemarie J. Saxby
17-4430 South Rd.
Ku rti stown, H i . 96760
1 ;nning Director
ginning Department
3
`-` ", m<a i ; planning(a)hawaiicounty.gov) and U.S. mail
Re: Written Comments in Opposition to Subdivision Variance Application
PL-SVAR-2026-080 (Applicant: Shane Turpin) — TMK (3) 1-7-023:016, Puna District. These
comments are directed to the requested variance from Hawaii County Code § 23-41
i Minimum Right -of -Way and Pavement Widths).
i;_ar L;r�CtGr Garro�a;.
I submit these written comments in opposition to the above -referenced subdivision variance
application, on behalf of myself, my husband, Richard Valdez, and my parents, Ernest and Holiy
Kelii. My husband and I reside at 17-4590 South Road, Kurtistown, HI 96760, and my parents
reside at 17-4590 A South Road, Kurtistown, HI 96760. Our homes sit on South goad, wh,,ci
meets North Ala Road at a T-intersection, and we use Norti, Ala Road daily to rea_h Huina
Road and the public road network beyond. We understand the subject parcel to lie V.Jt�'in'he
area ser a. d by North Ala Road. While neither household is within 300 feet of the subjecr parcei
we are ,o7rectly affected by the requested variance: we are among the road users m;'hose safe
passage ?r1n rninimum-width standard in § 23-41 is intended to protect. Section 23-17(l,,
rovides t t 'he Director may consider comments from owners of other properties that the
Director finds':: L,e directly affected by the variance sought, and we respectfully ask that our
co—irnents ~eceivirari on that basis. These comments are based on the published public
r�o':ce: &,p have not yet reviewed the complete application, have requested it from the
and- reserve the right to supplement these comments once it is avail Alle
The applicable standard. According to the published public notice, the applicant see
w,anr es frorn Section 23 84 (Water Supply) and Section 23-41 (Minimum Right-of-4
`Jtlidth�i) in (;onnecdion with the subdivision of the 9.623-acre subject parcel
dire ctr'ij to the 23-41 request. Under HCC § 23 � 15_ no y ariance rn;av
the Dirof.1 r aff,rmatively finds all three of the follov%tnq tali that spec:ia
apply to Pie sublcct property, (b) that "ihete fire no other ie,is
T°F I ltitit; '.i's�it m-'4 �i rr?srIvc,, tilt,- dlffctllt`� and (c) that the `daiiarlco is c:C)na(atF,'filt 'vd
`,' ita'.' 0;hi7t¢'.€ ;in'd ('0111{ity a ak',Rflic)! flan ai1d 'Wlfl not lic? 19'11erkllly dtatr?,'G
/.t:ff;lr`C; (;1 �..%il `�,i_tl)''=trilltic�t; advCtr`^.c`. !Inpact Io tw 'vec.t S 01C'1iA(:,tEq ofto I,
J
I — I
3� I Nb) o Ito, nati..., t I requires a finding tf '-it I i�;
1h,lt t,%, J llf;-Ulty IaUF: fl,,j riot
Ah'InAlve from Hufna PoA
respectfully ask the
to o, t:'trn o(I the' lc: my ;illernative exists that would a
23 � sa'
the �)ced for rehef from, § 23 -4 1. If a i, 1. it ij� � :IJ1t -I i1iitrY(,, oxists, 15(, b) ca n not b(- tisf
At' ,roc the VNi.3nCe MLI-',t t'L' Jenied.
§ 23-1 Sic) - detriment to public welfare and adjoining properties. Section 231 41 establis1hel,
IV 'Ald pavenient widths precisely to ensure safe two-way v(;hi(;lilar
mop e,7ient. Jl-eqi,itc emergency -vehicle access, and orderly circulation. A varian(-e. from
23-4 1 necess,-irih means that the road serving the new lots would fall belo,.N.- those minimum
standards North Ala Road — which we understand serves the area. and which we use daily -
is a single lane road that. in our daily experience, is not wide enough for two vehicles to pass.
7t, e e\*1,e,;i*. ti)e variance would allow the subdivision and its additional lots to be served by
No-�,, Na 'Road -vithout that road being brought up to the minimum standard, it would add daily
v !r.-Iffilic deliveries, refuse collection. and emergency apparatus to a road that cannot
tly accornr-noaale two passing vehicles. That creates a direct and foreseeable s.--fety
,-:-.---ard — head-on conflict. no room for emergency vehicles to pass or turn around. anc
uec,.acied sigi,,t distance — which my family experiences firsthand. On its face this is "materially
arts; tc the public welfare" and a "substantial, adverse impact to [thel area's character
ad'c;�mng properties" under § 23-15(c).
Granting the variance would defeat the purpose of the standard. A wariance from § 23-41.
— 7 not be cranted where doing so subverts the Very purpose of the requirement. The
im,,jrr, -width stanri;--ird eJsts to protect public safety, relaxing it to permit intensified use, of a
one tare rorl inve0s, *t,,at purpose and is inconsistent with the intent of Chapter 23 and with tfl-e
Seri;-rai Plan and P,,;nn Community Development Plan policies favoring safe and
I
it c Puna CDP transportation policy here if you wish to n dl n e
The water -supply request is severable. We take no position on the separate request for i
from 23 f111 supply), which raises distinct issues. We note only that the
the roFid-access variance can and should he, evaluated C,,n !ts
r
Of f1(,W the W;.)ter-SLIpply reqU*'St is resolved.
Requested relief.
fr()Ill § 21 4 1 or. ill tilt.' 'flterl I'lo .,o
/n itit,- ro�io isrw(iq the Li1110 in t
'A"o , 4,
with afli 10"il"Ast, Ar
i'l fit 1,11oll", wfyfk! �1,1,(Ah�- tit',
(3) PrcvAo the vvritte;i staivnier-il (-,I f t( It i,il I it Ow, I,, of Fj 15, as
§ 23 18 requires,
Please rndu"Je this Iellor to the record fot PL SVAR-2026-U8O, pr(rvide its a ;,r)py of th,�
Ippl�catlor and !wWv us of the Director's decision and of Amy further proc.(,edings.
Thai-k you for your con,,Ooialion.
Res F�ctftally.
Valdcz. P.E.
i�-r L-etl.alf of the household at 17-4590 South Road, Kurtistown, HI 96760 (Richard and Pebbles
:71:�est KeIii
!y Keki
'71590 A South Road, KuFk'istown. H1 96760
C. Kimo Alameda, Ph.D.
Mayor
William V. Brilhante, Jr.
Managing Director
West Hawai'i Office
74-5044 Ane Keohokalole Hwy
Kailua-Kona, Hawai'i 96740
Phone (808) 323-4770
Fax (808) 327-3563
May 14, 2026
Shane Turpin
81 Makalika Street
Hilo, HI 96720
Dear Shane Turpin:
SUBJECT: Application:
Applicant:
Owner:
Request:
Tax Map Key:
opt- OF oe
�rE•o�.M+.P
County of Hawaii
PLANNING DEPARTMENT
Jeffrey W. Darrow
Director
Michelle S. Ahn
Deputy Director
East Hawai'i Office
101 Pauahi Street, Suite 3
Hilo, Hawai'i 96720
Phone (808) 961-8288
Fax (808) 961-8742
SUBDIVISION VARIANCE I PL-SVAR-2026-000080
TURPIN, SHANE D.
TURPIN, SHANE D.
Variance from Chapter 23, Subdivisions, Article 6,
Division 2, Improvements Required, Section 23-84,
Water Supply; Variance from Hawaii County Code,
Chapter 23, Subdivision, Article 3, Design Standards,
Division 4, Street Design, Section 23-41, Minimum
Right-of-way and Pavement Widths.
(3) 1-7-023:016 (PL-SUB-2025-000357)
Upon review of your Variance Application (PL-SVAR-2026-000080), the Planning
Director certifies the approval of the Water Variance and Road Variance, subject to
variance conditions. The Water Variance grants relief for PL-SUB-2025-000357 from
constructing minimum County dedicable water supply system improvements for seven (7)
lots as required by Hawai'i County Code (HCC), Chapter 23 (Subdivisions) and
constructing a dedicable roadway conforming to the Department of Public Works (DPW)
Standard Detail (Std. Det.) R-19 (2017 Edition).
The variance is from the proposed subdivision's minimum requirements pursuant to HCC,
Chapter 23 (Subdivisions), Article 6, Division 2, Improvements Required, Section 23-84,
Water Supply, (1)(2) and Article 3, Design Standards, Division 4, Street Design, Section
23-41, Minimum Right-of-way and Pavement Widths.
BACKGROUND
1. Location. The subject property, being Lot 6, also being a portion of Grant 4495,
containing a total land area of approximately 9.623 acres, is situated in Ola'a, Puna,
Island of Hawai'i, Hawai'i.
www.plannins.hawaiicounty.eov Hawaii County is an Equal Opportunity Provider and Employer planningra hawaiicoun ov
Shane Turpin
PL-SVAR-2026-000080
Variance Approval Letter
May 14, 2026
Page 2
2. County Zoning. Agricultural, 1-acre minimum lot size (A-1 a).
3. State Land Use. Agricultural (A).
4. General Plan. Land Use Pattern Allocation Guide (LUPAG) map designates the
property as Important Agricultural Lands (ial).
5. Subdivision Code Requirements.
a. The subdivision code requires that subdivisions be served by a water system
meeting the minimum requirements of the County Department of Water Supply
(DWS) and be provided with water mains and fire hydrants installed to and within
the subdivision in accordance with the rules and regulations of the Department
of Water Supply (DWS).
b. The code also requires minimum right-of-way and paving widths of 50-feet and
20-feet, respectively. Paving sould be in compliance with code requirements and
conforming to Department of Public Works (DPW) Standard Detail (Std. Det.)
R-19 (2017 Edition).
6. Subdivision Request/PPM. Subdivision application PL-SUB-2025-000357 was
submitted to subdivide the subject property into seven (7) lots.
7. Subdivision Deferral. Subdivision application PL-SUB-2025-000357 was deferred
for review by agencies by letter dated October 14, 2025.
8. Variance Application. The variance request from water supply improvements and
roadway requirements for seven (7) lots was acknowledged by Planning Department
letter dated March 17, 2026. This variance application includes background history
and circumstances and information regarding the pending subdivision application.
9. Agency Comments and Requirements
a. County of Hawaii, Department of Water Supply (DWS): See attached
Memorandum dated February 5, 2026. (Exhibit A).
b. State of Hawai'i, Department of Health (DOH): See attached Memorandum dated
March 27, 2026. (Exhibit B).
c. County of Hawaii, Department of Public Works, Building Division: See attached
Memorandum dated April 10, 2026. (Exhibit C).
d. County of Hawai'i, Department of Water Supply (DWS): See attached
Memorandum dated April 14, 2026. (Exhibit D).
e. No other agency comments have been received.
Shane Turpin
PL-SVAR-2026-000080
Variance Approval Letter
May 14, 2026
Page 3
10. Notice to Surrounding Owners/Posted Sign. The applicant submitted evidence,
dated March 19, 2026, regarding the posting of a public notification sign on the
subject property pursuant to Section 23-17(c) of the Hawaii County Code (HCC).
Pictures of the posted sign were also submitted. According to USPS certificate of
mailing receipts and affixed postal receipts, the notices were mailed on March 18,
2026, as required by Section 23-17(a). Notice of this application was also published
in the Hawaii Tribune Herald and West Hawaii Today on March 27, 2026.
11. Comments from Surrounding Property Owners or Public.
a. Letter of opposition (Malcolm R. Saxby) dated April 2, 2026. (Exhibit E).
b. Letter of opposition (Gary Rosenberg) dated April 6, 2026. (Exhibit F).
c. Letter of opposition (Michael D. Larish) dated April 12, 2026. (Exhibit G).
12. Water Supply. The Subdivision Code requires that all new subdivisions provide a
water system meeting the minimum requirements of the County of Hawaii — DWS.
The intent and purpose of requiring a dedicable water system for and within the
proposed subdivision is to assure that adequate water is available for human
consumption and fire protection.
13. Lot Access/Roadways. The Subdivision Code requires a minimum of 20-foot-wide
dedicable pavement within a minimum 50-foot-wide right-of-way in the Agriculture,
1-acre (A-1 a) zoning district. These improvements would conform to the Department
of Public Works (DPW) Standard Detail (Std. Det.) R-19 (2017 Edition).
The intent and purpose of access improvement requirements to a proposed
subdivision is to ensure legal and physical access to the proposed lots that is clearly
defined and accessible from a public road by domestic vehicles, police, fire, & other
service vehicles under various weather conditions without constant maintenance.
14. Revised Preliminary Plat Map. A revised preliminary plat map dated February 6,
2026, was submitted with the variance application (Exhibit H).
ANALYSIS OF GROUNDS FOR WATER VARIANCE
No variance will be granted unless it is found that:
(a) There are special or unusual circumstances applying to the subject real
property which exist either to a degree which deprives the owner or
applicant of substantial property rights that would otherwise be available
or to a degree which obviously interferes with the best use or manner of
development of that property.
Shane Turpin
PL-SVAR-2026-000080
Variance Approval Letter
May 14, 2026
Page 4
The Variance application meets criterion (a) for the following reasons(s):
The subdivision request is for seven (7) lots in keeping with the existing
Agricultural, A-1 a zoning. Although a dedicable water system is a requirement
of the code, the Department of Water Supply (DWS) indicates that "The
Department's water system facilities can only provide one (1) unit of water...
Therefore, only one (1) of the proposed lots would be able to obtain service at
this time."
The above special and unusual circumstances would deprive the applicant of
developing this property and interfere with the best use of this property.
Therefore, for the proposed seven (7) lot subdivision, the best use and manner
of the development allows for one (1) lot to be served by a water meter and the
remaining six (6) lots to use water catchment systems.
(b) There are no other reasonable alternatives that would resolve the
difficulty.
The Variance application meets criterion (b) for the following reasons(s):
The Department of Water Supply has indicated that the existing water system
facilities cannot support the proposed subdivision at this time.
Developing a water system in compliance with the Department of Water Supply
(DWS) requirements for the pending seven (7) lot subdivision would be placing
excessive demands upon the applicant because of the extensive improvements
required to develop such water system.
Since the property does receive a minimum of 60 inches of rain annually, a water
catchment system would be in compliance with Planning Department Rule 22.
(c) The variance will be consistent with the general purpose of the district,
the intent and purpose of this chapter, and the County general plan and
will not be materially detrimental to the public welfare or cause
substantial, adverse impact to an area's character or to adjoining
properties.
The Variance application meets criterion (c) for the following reasons(s):
Given that there is adequate rainfall (approximately 160-180 inches annually) to
support individual water catchment for the lots, the granting of this variance
would be consistent with the general purpose of the district. Water catchment
is consistent with the intent of the policies of the general plan in that it will further
Shane Turpin
PL-SVAR-2026-000080
Variance Approval Letter
May 14, 2026
Page 5
housing opportunities. Water catchment will not be materially detrimental to the
public welfare as it serves only private parties.
Subject to conditions, granting of the variance will not cause substantial,
adverse impact to the area's character or to adjoining properties.
Given that the subject area receives sufficient annual rainfall, a water variance
would be consistent with the general purpose of the zoning district and the
intents and purposes of the Zoning Code, Subdivision Code and the Hawai'i
County General Plan.
ANALYSIS OF GROUNDS FOR ROADWAY VARIANCE
No roadway variance will be granted unless it is found that:
(a) There are special or unusual circumstances applying to the subject real
property which exist either to a degree which deprives the owner or applicant
of substantial property rights that would otherwise be available or to a degree
which obviously interferes with the best use or manner of development of that
property.
The Roadway Variance application meets criterion (a) for the following reasons(s):
The subdivider is requesting a variance to allow access to the proposed lots from
the existing North Ala Road without improving the existing 10- to 12-foot pavement
within a 20-foot-wide right-of-way (North Ala Road) for a distance of approximately
1,600 feet from Huina Road.
(b) There are no other reasonable alternatives that would resolve the difficulty.
The Roadway Variance application meets criterion (b) for the following reasons(s):
There are no reasonable alternatives in resolving the minimum requirements. To
upgrade approximately 1,600 feet of the substandard private roadway by the
applicant would be cost prohibitive. The imposition of these off -site improvements to
the petitioner alone is unfair and unreasonable as others who stand to benefit are
not contributing to the cost of the improvements. Additionally, securing the
necessary road widening easements from adjacent landowners to North Ala Road
would be difficult if not impossible.
(c) The variance will be consistent with the general purpose of the district, the
intent and purpose of this chapter, and the County general plan and will not
Shane Turpin
PL-SVAR-2026-000080
Variance Approval Letter
May 14, 2026
Page 6
be materially detrimental to the public welfare or cause substantial, adverse
impact to an area's character or to adjoining properties.
The Roadway Variance application meets criterion (c) for the following reasons(s):
The intent and purpose of requiring minimum roadway improvements is to assure
that adequate access is available to serve the subdivision. The subject property
consisting of approximately 9.623 acres is located within the County's Agricultural
A-1a zoned district under this zoning designation, the minimum building site area or
lot size is one (1) acre. The applicant proposes a seven (7) lot subdivision with areas
containing or exceeding the minimum one (1) acre lot size requirements of the
Zoning Code. This variance would be consistent with the general purpose of the
zoning district, the intent and purpose of the zoning and subdivision control codes,
and the County's general plan; and will not be materially detrimental to the public
welfare; and will not cause substantial adverse impact to the area's character and to
adjoining properties.
DETERMINATION -VARIANCE CONDITIONS
The variance to permit the proposed seven (7) lot subdivision of the subject property by
using water catchment (one (1) lot on water meter and six (6) lots on catchment) in lieu
of providing a dedicable water system meeting with Department of Water Supply
standards and providing a dedicable roadway meeting with subdivision code
requirements, is hereby Approved subject to the following variance conditions:
The applicant, owners, their assigns, or successors shall be responsible for
complying with all stated conditions of approval.
2. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for
the imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
3. The owners, their assigns, or successors shall file a written agreement document
with the Planning Department within one (1) year from the issuance of tentative
subdivision approval. This written agreement shall contain deed language, being
covenants, conditions, and restrictions affecting the lots created by the proposed
subdivision which is not serviced by a County dedicable public water system.
4. The agreement shall be duly recorded at the State of Hawai'i, Bureau of
Conveyances by and at the cost and expense of the owners. A copy of the recorded
Shane Turpin
PL-SVAR-2026-000080
Variance Approval Letter
May 14, 2026
Page 7
document shall be supplied to the Planning Department for our files.
5. If there are any amendments or changes to the subdivision after the agreement is
signed, the applicant shall be responsible for informing the County Planning
Department of such amendments or changes so that the agreement can be
amended concomitantly. Further, the recorded agreement shall be binding upon the
owner(s), their successors or assigns and shall be incorporated as an exhibit and
made part of each agreement of sale, deed, lease, or similar documents affecting
the title of the existing property or approved subdivided lots.
6. The subdivider and all grantees, successors, and assigns acknowledge that the
parcels were created by a variance, from the normal subdivision requirements of
Hawaii County, and that there are no longer any special or unusual circumstances
applying to the property, and hence, no grounds exist or will exist for another
variance, from the Subdivision Code to permit further subdivision of the properties,
unless County dedicable public water system requirements and other requirements
of HCC Chapter 23, Subdivisions, are met.
7. The owners, grantees, successors, and assigns agree and accept the fact that a
County dedicable public water system will not be extended, to serve the lots within
proposed subdivision PL-SUB-2025-000357.
8. The owners, grantees, successors, and assigns agree and accept the fact that the
County will not bear the responsibility of supplying public water to the subdivided
lots. No further subdivision of the lots will be permitted unless County dedicable
public water system requirements and other requirements of HCC Chapter 23,
Subdivisions, are met.
9. Any dwelling constructed on any created lot not served by the Department of Water
Supply, shall be provided with, and maintain a private rainwater catchment system,
which includes a minimum 6,000-gallon water storage capacity for domestic
consumption or potable uses. This private water storage system shall adhere to the
University of HawaiTs College of Tropical Agriculture and Human Resources'
"Guidelines on Rainwater Catchment Systems for Hawai'i," as well as the
Department of Health requirements related to water testing and water purifying
devices.
Shane Turpin
PL-SVAR-2026-000080
Variance Approval Letter
May 14, 2026
Page 8
10. In addition to the 6,000-gallon water storage capacity, for domestic consumption or
potable uses, each permitted dwelling on a lot, not served by the Department of
Water Supply, shall also be provided with a minimum 3,000-gallon water storage
capacity dedicated for firefighting and emergency purposes. The location and
capacity of the emergency water supply system, including the necessary compatible
fire apparatus connector system and access routes, shall meet with the approval of
the Hawaii Fire Department. The Hawai'i Fire Department also advises, as a
precautionary measure for other uninhabited structures, that consideration be given
to the provision of a similar water storage system for firefighting and emergency
purposes.
11. If the County notifies the owner(s) of the lot(s) created that the County water system
has been upgraded or an improvement district initiated to enable service to the lots,
the owner(s) of the lots shall participate in such improvement district or shall pay
their pro-rata share of the upgrade and installation of laterals, as determined by the
Department of Water Supply.
12. No proposed lot shall take direct access off South Road. All proposed lots shall take
access directly off North Ala Road. A "10-foot wide no vehicular access and planting
screen easement" shall be indicated on the final plat map along the entire frontage
of South Road.
13. A 15-foot-wide future road widening reserve shall be indicated on the final plat map
along the entire North Ala Road frontage for the proposed subdivision.
14. The 15-foot-wide future road widening reserve along North Ala Road shall be
improved with a 4-inch-thick layer of aggregate base course, remain clear of
obstruction, and be maintained by the underlying landowner. The road widening
area shall generally provide vehicles with some room to pull over to help facilitate
traffic flow along North Ala Road.
15. All proposed lots shall have a minimum of 1-acre of net land area when subtracting
the land area within the 15-foot-wide future road widening.
16. The pending subdivision application's (PL-SUB-2025-000357) final plat map shall
meet all the requirements of the Hawai'i County Zoning Code and the Subdivision
Code that are not covered by this variance.
17. The subdivider, owner(s), their assigns, or successors shall pay any outstanding real
property taxes and comply with all other applicable State statutes and County
ordinances pertaining to building improvements, land use, and the public's health,
safety, and welfare.
Shane Turpin
PL-SVAR-2026-000080
Variance Approval Letter
May 14, 2026
Page 9
Should any of the foregoing conditions not be complied with, the Planning Director may
proceed to declare this Variance Permit null and void.
Please direct any questions to Hans Santiago at Hans.Santiago(a)-hawaiicounty.gov, or
by phone at (808) 961-8165.
Sincerely,
c7e ff)n W. DwYow
Jeffre . Da w (May 19, 2026 05:01:01 HST)
JEFFREY W. DARROW
Planning Director
HS:cn
\\hawaiicounty.gov\depts\PL\PL\planning\public\Admin Permits Division\Variance\2026\PL-SVAR-2026-000080 - Turpin (road-
water)\PL-SVAR-2026-000080 Turpin APVL 05-14-26.docx
Encls: Exhibit A — County of Hawaii — Department of Water Supply (2/5/26)
Exhibit B — State of Hawaii — Department of Health Comments (3/27/26)
Exhibit C — County of Hawaii — Department of Public Works (4/10/26)
Exhibit D — County of Hawaii — Department of Water Supply (4/14/26)
Exhibit E — Comment Letter— Puna Certified Nursery (4/2/26)
Exhibit F — Comment Letter— Gary Rosenberg (4/6/26)
Exhibit G — Comment Letter — Michael D. Larish (4/12/26)
Exhibit H — Revised Preliminary Plat Map (2/6/26)
cc: Subdivision Section, PL-SUB-2025-000357
DPW -Engineering
DWS-Engineering
DOH -State Environmental Health & Wastewater Branch
A. Gunn, GIS Section, Planning Department
E. Ta, GIS Section, Planning Department
Daniel Berg, L.P.L.S., dlb & Associates
EXHIBIT A
DEPARTMENT OF WATER SUPPLY -COUNTY OF HA1NAFI
345 KEKUANAO-A STREET SUITE 20 - HILO. HAWA.
TELEPHONE (808) 961-8050 - FAX (808) 961-i
February 5, 2026
1'0: Mr. Jeffrey Darrow. Director
Planning Department
FROM: Keith K. Okamoto. Manager—C'hiet' Engineer
SIJBJECT: Preliminary Plat Map and Defer Action
Subdivider: Shane D. Turpin
Tax Map Key 1-7-023:016 (PL-SL7 13-2025-0003-7)
We have reviewed the subject application and have the following comments.
Please be infornted that there is an existing 6-inch waterline within South Road and Nala Road adjacent to the
subject parcel. For your information. the subject parcel does not currenth have water sere ice with the
Department.
I'he Department's water system facilities can only provide one ( I ) unit of water, or one (1 ) 5/8-inch meter. per
pre-existing lot of record, which is suitable tier only one (1) single-family dwelling. Therefore, only one ( I ) of
the proposed lots Mould be able to obtain service at this time. The Department's existing water system facilities
cannot support the proposed subdivision at this time. Fxtcnsivc improvements and additions. which may
include, but not limited to source. storage, booster pumps, transmission. and distribution facilities. would be
required.
Should the subdivision be approved by the PlanninlDepartment. we request that the applicant designate. in
writing, which one (1) lot within the proposed subdivision that is fronting South Road or Nala Road be assigned
the one ( I ) service. The applicant shall be informed that the meter shall not be shared with the other proposed
lots and the water system piping between the lots shall not be interconnected in any way.
Should there be any questions. please contact Ms. Rob_, n Matsumoto of our Water Resources and Planning
Branch at (808) 961-8070. extension 255.
Sincerely yours.
?eithlKQhloto.'l! ...
Manager -Chief Engineer
R,%1:dit,
copy - Mr. Shane Turpin
dlb & Associates
Water, Our `Most ... '&�i (1 i71 4 &qm.' . .
The Department of Water Supply is an Equai ;>ppv1unr1,,; prnv zlpr rinc en
EXHIBIT B
From: Honda, Eric T. <Eric.Honda@doh.hawaii.gov>
Sent: Friday, March 27, 2026 8:27 AM
To: Planning Internet Mail
Subject: PL-SVAR-2026-000080
Attachments: PL-SVAR-2026-000080 TMK1-7-023--016.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Eric Honda
District Environmental Health Program Chief
Hawai'I State Department of Health I Ka ,Oihana Olakino
1582 Kamehameha Ave.. Hilo HI 96720
Office: (808) 933-0917
CONFIDENTIALITY NOTICE: This mail message (and attachments) is for the sole use of the intended recipient(s) It may contain
confidential and/or privileged information It might also be protected from disclosure under the Hawaii Uniform Information Practice Act
(UIPA) or other laws and regulations. Review, use. disclosure. or distribution by unintended recipients is prohibited. If you are not the
intended recipient. please contact the sender immediately in a separate e-mail and destroy the original message and any copies.
JOSH GREEN, M.D.
GOVERNOR OF HAVNJAdI
KL K A NA O KA MOKI XNA O HAWA+'I
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO. HAWAII 96721-0916
MEMORANDUM
DATE.: March 27, 2026
TO: Mr. Jeffrey W. Darrow
Planning- Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
KENNETH S. FINK, M.D, MGA, MPH
DIRECTOR O= rFAL-H
KA L UNA HO OKE L E
SUBJECT: Application: SUBDIVISION VARIANCE PL-SVAR-2026-000080
Applicant: TURPIN, SHANE
Owner: TURPIN, SHANE
Request: Variance from Chapter 23, Subdivisions, Article6,
Division 2, Improvements Required, Section 23-84
Water Supply; and Chapter 23, Subdivisions, .Article 3.
Design Standards. Division 4, Street Design, Section 23-41
Minimum Right -of -Way and Pavement Widths.
TMK: 1-7-023:016 (PLOSUB-2025-000357)
In most cases, the District Health Office will no longer provide individual comments to
agencies or project owners to expedite the land use review and process.
Agencies, project owners, and their agents should apply Department of Health "Standard
Comments" regarding land use to their standard project comments in their submittal.
Standard comments can be found on the Land Use Plannins Review section of the
Department of Health website: https: healu:'_;r,�aii.><o� epo landLise . Contact
information for each Branch/Office is available on that xvebsite.
Note: Agencies and project owners are responsible for adhering to all applicable
standard comments and obtaining prover and necessary permits before the
commencement of anv work.
General summary comments have been included for your convenience. However, these
comments are not all-inclusive and do not substitute for review of and compliance with all
applicable standard comments for the various DOH individual programs.
Jeffrey W. Darrow
March 27, 2026
Page 2 of 4
Clean Air Branch
1. All project activities shall comply with the Hawaii Administrative Rules (HAR),
Chapters 1 1-59 and 11-60.1 _
2. Control of Fugitive Dust: You must reasonably control the generation of all
airborne, visible fugitive dust and comply with the fugitive dust provisions of
IIAR § 1 1-60.1-33. Note that activities that occur near existing residences,
businesses, public areas, and major thoroughfares exacerbate potential dust
concerns. It is recommended that a dust control management plan be developed
which identifies and mitigates all activities that may generate airborne and visible
fugitive dust and that buffer zones be established wherever possible.
3. Standard comments for the Clean Air Branch
are at: baps heal th.NiN�aii.uo� epolanduse
Clean Water Branch
All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 1 1-55.
1. The following Clean Water Branch website contains
information for agencies and/or project owners who are
seeking comments regarding environmental compliance for
their projects with HAR, Chapters 11-53, 1 1-54, and 1 1-55:
httv: health.hawaii.,lo\clean-eater-branch-home-
LxlEe C:"\ b- standard-ci mInellt .
Hazard Evaluation & Emergency Response Office
1. A Phase I Environmental Site Assessment (FSA) and Phase II Site Investigation
should be conducted for projects wherever current or fornier activities on site may
have resulted in releases of hazardous substances, including oil or chemicals.
Areas of concern include current and former industrial areas, harbors, airports,
and fornierly and currently zoned agricultural lands used for growing sugar,
pineapple or other agricultural products.
2. Standard comments for the Hazard Evaluation & Emergency Response Office
are at: https: epo landuse .
indoor and Radiological Health Branch
1. Project activities shall comply with iiAR Chapters 1 1-39, 1 1-45. 1 1-46. 1 1-501. l 1-
502,
1 1-503, and 11-504.
2. Noise may be generated during demolition and/or construction. The
applicable maximum permissible sound levels, as stated in Title 11, HAR,
Chapter 11-46, "Community Noise Control," shall not be exceeded unless a
noise permit is obtained from the Department of Health.
3. Construction/Demolition Involving Asbestos: If the proposed project includes
renovation/demolition activities that may involve asbestos, the applicant should
contact the Asbestos and Lead Section of the Branch at
hups;asbestos
Jeffrey W. Darrow
March 27. 2026
Page 3 of 4
Safe Drinking Water Branch
Agencies and/or project owners are responsible for ensuring environmental
compliance for their projects in the areas of 1) Public Water Svstems; 2)
Underground Injection Control, and 3) Groundwater and Source Water Protection
in accordance with HAR Chapters 11-19. 1 1-20, 1 1-21, 1 1-23, 1 1-23A, and 11-
25. They may be responsible for fulfilling additional requirements related to the
Safe Drinking Water program: Imps sd\4b .
Standard comments for the Safe Drinking Water Branch can be
found at: hup,,: health.ha��aii.go\ epo landuse .
Solid & Hazardous Waste Branch
1. Hazardous Waste Program - The state regulations for hazardous waste and used
oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the
identification, handling, transportation, storage, and disposal of regulated
hazardous waste and used oil.
2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters
339D, 342G, 342H, and 3421, and HAR Chapters 1 1-58.1 and 1 1-282.
Generators and handlers of solid waste shall ensure proper recycling or disposal
at DOH-pennitted solid waste management facilities. If possible. waste
prevention, reuse, and recycling are preferred options over disposal. The Office
of Solid Waste Management also oversees the electronic device recycling and
recovery law, the glass advanced disposal fee program, and the deposit beverage
container program.
3. Underground Storage Tank Program — The state regulations for underground
storage tanks are in HAR Chapter 1 1-280.1. These riles apply to the design,
operation, closure, and release response requirements for underground storage
tank systems, including unknown underground tanks identified during
construction.
4. Standard comments for the Solid & Hazardous Waste Branch can be
found at: hltn,,_ health.ha��aii._uo\ epo landuse .
Wastewater Branch
For comments, please email the Wastewater Branch at doh.\ wb.c doh.limaii.go\ .
Sanitation / Local DOH Comments:
1. According to HAR § 1 1-26-35, No person, firm, or corporation shall demolish or
clear any structure without first ascertaining the presence or absence of rodents
that may endanger public health by dispersal from such premises. Should any
such inspection reveal the presence of rodents, the rodents shall be eradicated
before demolishing or clearing the structure. A demolition permit is required prior
Jeffrey W . Darrow
March 27, 2026
Page 4 of 4
to demolition.
Other
1. CDC - Ilealthy Places - Healthy Community Design Checklist Toolkit
recommends that state and county planning departments, developers, planners,
engineers, and other interested parties apply these principles when planning or
reviewing new developments or redevelopment projects.
If new information is found or changes are made to your submittal, DOH resen�es
the right to implement appropriate environmental health restrictions as required.
Should there be any questions on this matter, please contact the Department of
Health, Hawaii District Health Office, at (808) 933-0917.
EXHIBIT C
From:
Sent:
To:
Cc:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Aloha All,
Tanimoto, Tod
Friday, April 10, 2026 7:28 AM
Planning Internet Mail
Domino, Chris; Spielman, Aaron
FW: PD Subdivision Variance Agency Memo (PL-SVAR-2026-000080) on TMK:
1-7-023:016
2026-03-17 PL-SVAR-2026-000080 Acknowledgement Letter.pdf; 2026-03-17 PL-
SVAR-2026-000080 Agency Memo.pdf; BD-10 - SUBDIVISION VARIANCE - PL-
SVAR-2026-000080 (Turpin).pdf
Follow up
Flagged
Attached (BD-10) is the DPW Building Division comment response so Subdivision Variance I PL-SVAR-2026-
000080 (Turpin).
Mahalo
Tod Tanimoto
Building Plans Examiner V
County of Hawaii
Public Works
Building Division
Aupuni Center
101 Pauahi Street, Suite 7
Hilo, Hawaii 96720-4224
From: Ota, Stephanie <= ,} _- .: •yaiicounty.c >
Sent: Tuesday, March 17, 2026 3:18 PM
To: Honda, Eric < iC.IluriJ c �', I;�Cb'3i .k ol•>; Une, Michael Y. <
,, fi.haw} DPW- BLDG <<�Ily'Vil ort� hawaiicounty.gov_>;
Spielman, Aaron < .Eon.Sp -, �, h> _or,ntY.K:-r >; Fire Admin < =- _, ty.Kov>; DWS
< hawand °: .ork>
Cc: Santiago, Hans < - t ; ir, ,ucor i�ti.L c >; Nelson, Catherine < -ath- -.°� ' y a icounty, :s>
c,,,
Subject: PD Subdivision Variance Agency Memo (PL-SVAR-2026-000080) on TMK: 1-7-023:016
Aloha,
Please find your PDF copy attached for the Planning Department's Subdivision Variance Agency Memo and EPIC
Submittal for the above -referenced File No. and TMK.
Please use the link below to review the EPIC Application.
There will be no hardcopy to follow.
**We kindly ask that you forward your comments electronically (PDF) to plansiing 6�haUdaiicounty.g : by April
16, 2026.**
Should you have any questions, please contact Hans Santiago (cc'd herein) at (808) 961-8165.
Thank you,
Administrative Permits Division
County of Hawaii I Planning Department
101 Pauahi Street, Suite 3 1 Hilo, HI 96720
C. Kimo Alameda, Ph.D.
Aktcnr
William V. Brilhante Jr.
Nlanglfing Director
West Hawaii Office
71-';044 Ane KcohoWlole H-A-y
Kailua-Kona. Hawaii 96740
Phone (808) 323-4770
Fax i 1f08) 327-3.63
March 17, 2026
Shane Turpin
81 Makalika Street
Tlilo. 111 96720
Dear Shane Turpin:
SUBJECT: Application:
Applicant:
Owner:
Request:
Tax Map Key:
County of Hawaii
PT ANNING DFT':kRTNTFNT
leffrev W. Dan•oxv
Dire( for
Miclicile S. Alin
Depttry 1 hreclDr
Fist Hawai-i Office
101 Pauah: Scree. Sui:e 3
Hi;e. Hawaii 96720
Phime (808) 961-8288
Fax (808) 961-874'
SUBDIVISION VARIANCE I PL-SVAR-2026-000080
TURPiN, SHANE
TURPiN, SHANE
Variance from Chapter 23, Subdivisions, Article 6,
Division 2, Improvements Required, Section 23-84,
Water Supply; Variance from Hawaii County Code,
Chapter 23, Subdivision, Article 3, Design Standards,
Division 4, Street Design, Section 2341, Minimum
Right-of-way and Pavement Widths.
(3) 1-7-023:016 (PL-SUB-2025-000357)
This is to acknowledge the receipt ofyour completed Variance Application, submittals, and tiling
fee as of February 11, 2026.
In view of your application and Hawaii County Code, Chapter 23, Subdivisions, Section 23-18,
Actions on Variances, the Planning Director will render a decision on the subject variance
application no later than May 15, 2026. The deadline for submitting written public comments to
the Planning Director is April 16, 2026-
Therefore, pursuant to Section 23-17, Procedures for Variances, within three (3) working days of
receiving this letter, the applicants, or applicant's authorized representative, shall serve notice of
the variance decision dates cited above on owners of interest within three hundred (300) feet of
the perimeter boundary of the subject property.
The notice is required to include the following information:
The name ofthe applicant and/or the applicant's representative, their address and telephone
number.
2. The precise location of the property, including a location map or vicinity map of the subject
www,pl gtnmg lu w i purify. on Ha:.af'i Couniv i, an EqualOppo,tuni(r Prorider and Emplol•er huaaiicowlyi19
Shane Turpin
P1. SV.AR-2026-000080
Variance Acknowledgement Letter
March 17, 2026
Page 2
TMK property, or sufficient written directions that the notified property owners or general
public can precisely locate the property involved.
3. Identify the Chapter 23 variance request or nature/purpose of the request. include, identify,
and describe, if necessary, any structures or issues involved.
4. The notice shall also include the tentative date of the Director's decision, the telephone
number and address of the Planning Department (Hilo Office) where written public
comments can be sent; and
�. The deadline for submitting written public comments to the Planning Director is
April 16, 2026.
Pursuant to Section 23-17 (c) Within ten days of filing the application for a variance, the applicant
shall post a sign on the subject property notifying the public; of the nature of the variance, the
proposed number of lots, the size of the property, the tax map key or keys of the property and that
they may contact the planning department for additional information. The sign shall give the
address and telephone number of the planning department.
The sign should also be inclusive of the associated subdivision application filed earlier.
Proof of service of the above notice must be submitted in a timely fashion and incorporated
into subiect subdivision and variance file before any action or decision is rendered on the
variance reauest. Failure to do so in a timely fashion may delay the decision date or result
in the application being denied.
Should you have any questions, please feel tree to contact Hans Santiago at (808) 961-816-5 or via
email at hails.santiago'tihawaiicounty_gov.
Sincerely,
J-Tlne.; Dno-MfiA Afar 1?
JEFFREY W. DARROW
Planning Director
T-iS:sklo
1 hawaiicounty.gov depLTLU'L1p;mning\}lublicl.\dmin Pennit; Di%iaionwariance'20_G PL-SVAR-:Q6-000080 - Tuipin Iroad-Hater)\PL-
SVaR-202G-000080 Tu pin ACK 3-17-26.doex
cc: dlb & Associates, Dan Berg
C. Kim Alameda, Ph.D.
Alai or
William V. Btilhante Jr.
d-luiruxiug Director
West Haw'ai'i Offiue
74-5044 Ane Kcohokdlole Hwy
Kailua-Kona. Hawaii 96740
Phone (808)323-4770
Fax 1X0¢) 327-}'�63
MEMORANDUM
DATE:March 17, 2026
County of Hawaii
PLANTING DEPARTMENT
TO: DEPARTMENT OF WATER SUPPLY
DEPARTMENT OF PUBLIC WORKS
HAWAPI FIRE DEPARTMENT
STATE. DEPARTMENT OF HEALTH
FROM: JEFFREY W. DARROW
Planning Director tl v
J`•'vC
Jeffrey W. Darrom,
Dir for
Michelle S. Alin
Deputy Drrerior
Fam Flawai'i office
101 fat:ahi SireLi. Sure 3
96720
Phone (SON) 961-5288
Fax iS08) 961-8742
SUBJECT: Application: SUBDIVISION VARIANCE I PL-SVAR-2026-000080
Applicant: TURPIN, SHANE
Owner: TURPIN, SHAKE
Request: Variance from Chapter 23, Subdivisions, :article 6,
Division 2, Improvements Required, Section 23-84,
Water Supply; and Chapter 23, Subdivisions, Article 3,
Design Standards, Division 4, Street Design, Section 23-41,
Minimum Right-of-way and Pavement Widths.
Tax Map Key: (3) 1-7-023:016 (P1. SUB-2025-000357)
A copy of the above -referenced Variance Application and attachments are enclosed for Agency
review and comments.
The Planning Director will render a decision on the subject variance application no later than
May 15, 2026.
We ask that you forward your comments electronically to: plannlnalU]hawaiicounty.gov no later
than April 16, 2026.
Should you have any questions, please feel free to contact Hans Santiago at (808) 961-8165 or via
email at hails.santiago(d,hawaiicounty.aov. Thank you.
HS:sklo
hawa;,Counm_szcv dep:s 'L Pi, nlanrrng public 4dnur Pennas Division Vamice 202b PL-SVAR-202(r000080 - Turprr Broad-wa:er) PL.-SVAR-20::0-000080
Turpm \ PAID 3-17-26.dtwx
Encl.: Variance Application & Submittals
v%H,.N plant0g,h; maiiccounty.gov Haivai*i County is an Equal Oppw-ttinily Provider and Ernploper- pl utnargJiuwaa ugly--ooN
Signature:
Email: jeff.darrow@hawaiicounty.gov
BUILDING DIVISION - DPW
COUNTY OF HAWAI'I - 101 Pauahi Street, Suite 7 - Hilo, Hawaii 96720
Hilo Office (808) 961-8331 . Fax (808) 961-8410 Kona Office (808) 323-4720 • Fax (808) 327-3509
April 10, 2026
TO: Jeffrey W. Darrow (Planning Director)
Cc: Hans Santiago (Planner V)
SUBJECT:
Zoning Variance: SUBDIVISION VARIANCE ( PL-SVAR-2026-000080
Applicant: TURPIN, SHANE
Owner: TURPIN, SHANE D.
Request: Variance from Chapter 23, Subdivisions, Article 6. Division 2,
Improvements Required, Section 23-84, Water Supply; and Chapter 23,
Subdivisions, Article 3, Design Standards. Division 4. Street Design. Section 23-
41, Minimum Right-of-way and Pavement Widths.
TMK: (3) 1-7-023:016 (PL-SUB-2025-000357)
This is to inform you that our records on file, relative to the status of the subject
discloses that:
❑ No Building permit was issued for work done on the premises.
❑ No building permit was issued for the change of occupancy.
❑ At the time of completion, the subject complied with all Building Code
regulations that were in effect.
❑ Variance from any building regulation (Building, Electrical. Plumbing, or
Sign) was/was not granted.
❑ The following violations(s) still outstanding:
❑ Building ❑ Electrical ❑ Plumbing ❑ Sign
❑X Others: No DPW -Building Division Comments
This status report reflects Building Division records only and does not include
information from other agencies.
Should you have any questions regarding matters contained herein, please feel
free to contact Tod Tanimoto at phone no. (808) 961-8372
Hawaii County is an Equal Opportunity Provider and Employer
BD-10
EXHIBIT D
DEPARTMENT OF WATER SUPPLY - COUNTY OF HAWAVI
345 KEKUANAO'A STREET. SUITE 20 • HILO, HAWAI'I 96720
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
April 14. 2026 CCIH PLANNING DEPT
APR 15 2026 Pm2:30
REC'D HAND DELIVERED
10: Mr..leffrev Darrow. Director
Planning, Department
FROM: Keith K. Okamoto. Manaster-Chief Enr_inecr
S1"11.JECT: Subdivision Variance PL-SVAR-2026-0000 30
Applicant: Shane Turpin
Request: Variance from Chapter 23, Subdivisions, Article 6, Division 2, Improvements
Required, Section 23-84, Water SupplN; and Chapter 23, Subdivisions,
Article 3, Design Standards, Division 4, Street Design, Section 23-41. Minimum
Right -of -Way and Pavement Widths
Tax Map Key 1-7-023:016 (PL-SL'B-2025-000357)
We have re%ic\aed the subject application and have no continents or objections on the request. it, the ,uhjecl
parcel is beyond the sere ice limits of the Department', exi,ting watet s\ stem.
The applicant has indicated that the\ %%iII utilize prig ate rain%\ater catchment systems tur tite propo,cd lots, We
hare no objection to the use ofraim\ater catchment „stems: howe\er. we cannot approve or continent to the
adequacy of those systems as the\ do not meet the requirement; of the Department's Water System Standards.
We recommend that the kmneris) consult \kith the C'ounth of I Lmai'i. Planning Department. the ('ount\ of
Hawaii. Departnient of Public Works. and!or the State of Ha\\ai'i. Department of I lealth. to determine am
other ,_uidelines. recommendations. or regulations regartling the use of raimrater catchment s\ stem,
Should there be am questions. please contact Ms. Robyn Matsumoto ofour Water Resources and Plannin_
Branch at (808) 961-8070. extension 25i.
Sincercl\ vow,.
�c"�—
pKelth K. Okamoto. P.E.
tilana�er-['hiel1=.n�ineer
RM:dl-
copy - Mr. Shane I urpin
d I h k ,Associate.
'Water, Our ,Most ftecious �Rssource ... Ka WaiA '1(jrne ...
The Department of Water Supply is an Equal Opportunity provider and employer
EXHIBIT E
From:
susana@punacertifiednursery.com
Sent:
Thursday, April 2, 2026 2:46 PM
To:
Planning Internet Mail
Cc:
malcolm@punacertifiednursery.com
Subject:
Re: Subdivision Variance Application PL-SVAR-2026-000080
Attachments:
Malcolm Saxby Letter for PL_SVAR_2026_000080.pdf, Turpin Variance App PL_SVAR_
2026.000080.pdf
Importance:
High
Hello!
Please see attached letter from Malcolm Saxby.
Should you have any questions feel free to contact him at
Thank you!
Aloha!
tom,
PUNA CERTIFIED NURSERY
P.O. BOX 771
HILO, HAWAII 96721--0771
Office FitOne gii 08 1366-81,00
F:�:--ytlti!982-RC190
susan.aLilpunacertifiednursea•y.com
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April 2, 2026
Hawai'i County Planning Department
101 Pauahi Street, #3
Hilo, Hawai'i 96720
Re: Subdivision Variance Application PL-SVAR-2026-000080 ; TMK (3)1-7-023 :016
Dear Friends,
I am writing this letter regarding the application above, at this time I am not in favor of this
variance for the following reasons:
1. Some history, former Mayor Stephen Yamashiro and I worked together to pave the
existing road.
2. The road was lightly paved to help homeowners enter and depart from at that time a
dirt and very rough road.
3. The existing pavement is roughly 10' wide and would not support additional traffic
and wear and tear.
4. The utility poles are located very close to edge of road and would present additional
damages with increased traffic.
5. The existing water line, as is known runs underground in the middle of the road, this
would be difficult to service.
6. At the entrance to the existing road, there is a deep ravine which would present a
problem if guard rails are not installed.
If any additional information is needed, please feel free to contact me or I can also come to
your office.
Sincerely,
PCN INC. dba PUNA CERTIFIED NURSERY
Malcolm R. Saxby
Owner/President
March 18, 2026
NOTICE TO ADJACENT PROPERTY OWNERS
(Re: Subdivision Variance Application PL-SVAR-2026-000080
TMK (3) 1-7-023:016)
Dear Neighbor,
I am the applicant and owner of the property identified below, This letter serves as official notice,
pursuant to Hawai'i County Code Chapter 23, Sectien 23-17, that I have applied for subdivision
variances affecting a property located within three hundred (300) feet of your parcel.
1, Applicant Information
Shane Turpin 81 Makalika Street Hilo, HI 96720
Phone: (808) 990-0553
2. Precise Location of the Property
Tax Map Key: (3) 1-7-023:016
A location/vicinity map is attached for your reference.
3. Nature and Purpose of the Variance Request
Attached is an official public notice describes the project and the two variances being requested:
4. Director's Decision Date and Where to Send Comments
The Planning Director will render a de .. ;; or this variance application no later than May 15, 2026,
Written public comments may be sent to:
Hawaii County Planning Department 101 Pauahi Street, #13
Hilo, Hawaii 96720
Phone: (808) 961-8288
5. Deadline forWritten Public Comments
All written comments must be received by the Planning Director no later than April 16, 2026.
Thank you for your attention to this matter. If you have any questions, you may contact me directly
or the Planning Department at the number above.
Sincerely,
Shane Turpin
Applicant / Owner
Specific Code Sections for Which Variance Is Requested
Request for a variance from the following sections of Hawaii County Code Chapter 23
Section 23-41: Minimum right-of-way and pavement widths - To allow a reduced right-cf•way width of
approximately 20-22 feet in portions of Road Lot 6-8 (as shown on the attached preliminary map), instead of
the standard minimum for minor streets or nondedicable roads in agricultural zones (typically 44-50 feet ROW
with 20-foot pavement).
Section 23-87. Standard for nondedicable street: escrow maintenance fund - To allow the proposed private
dead-end road (Road Lot 6-8) with reduced pavement and ROW standards, while still providing an escrow
maintenance fund as required. The road is not intended for dedication to the County, as it serves only a small
number of low -density lots in a rural area.
The proposed road is a dead-end access way serving seven lots, with varying widths including future widening
easements (e.g., 20.0' easement) and utility easements. Full compliance with standard widths would require
excessive grading and cost disproportionate to the low -traffic use.
• Grounds for Variance (Per Section 23-15)
Pursuant to Section 23-15 of the Subdivision Code, the variance meets the required grounds as follows:
(a) Special or unusual circumstances applying to the subject property: The property is an irregularly shaped,
elongated parcel in a rural agricultural area of Puna, with natural topography and vegetation that make full -
standard road construction challenging and environmentally disruptive. The site has no existing drainage
issues but features gentle slopes and dense vegetation typical of Ola'a lands. Requiring a full 44-50 foot ROW
would necessitate significant clearing and earthwork, Impacting the agricultural character and increasing
erosion risks. The low -density subdivision (seven 1+ acre lots) generates minimal traffic making standard
arterial -level roads unnecessary.
(b) Variance necessary for enjoyment of substantial property rights: Without the variance, the cost of
constructing a full -standard road would render the subdivision economically infeasible, denying reasonable use
of the land for agricultural/residential purposes consistent with A-1a zoning. The property has been held for
development, and the variance allows access without overburdening the owner, similar to other rural
subdivisions in Puna.
(c) No substantial detriment to the public good or impairment of the intent of the Code. The reduced standards
will not affect public safety, as the road is private, dead-end, and serves only the subdivided lots with low
vehicle volumes. Emergency access remains adequate, and no public utilities or dedications are impacted. The
variance aligns with the Subdivision Code's intent to promote orderly development while accommodating rural
conditions, as seen in prior approvals for similar nondedicable roads in agricultural districts
• (d) Hardship not self-created: The need arises from the parcel's inherent shape, location, and topography, not
from actions by the owner. The property was acquired in its current form, and the subdivision design minimizes
impacts while providing access.
(e) Minimum variance necessary: The requested reductions are the minimum needed to achieve viable access,
with proposed widths (e.g., 20' pavement in key segments) sufficient for two-way traffic and utilities. An escrow
maintenance fund will be established per Section 23-87 to ensure long-term upkeep
NOTICE OF SUBDIVISION APPLICATION
NOTICE OF VARIANCE APPLICATIONS
Water System and Road Access
AFFECTING TMK 1-7-023-016
• PROPOSED 7 LOTS, TOTAL AREA 9.523 AC
FOR MORE INFORMATION, CONTACT:
Planning Department
101 Pauahi Street, #3
Hilo, Hawaii 96720
Phone: (808) 961-8288
EXHIBIT F
From: gary rosenberg
Sent: Monday, April 6, 2026 11:04 AM
To: Planning Internet Mail
Cc:
Subject: Objection to application for variance PL-2026-000080, TMK: (3) 1-7-023:16
To: Director of Planning, Hawaii County
From: Gary Rosenbe
Re: Objection to application for variance PL-2026-000080, TMK: (3) 1-7-023:16
Dear Director,
Please consider that after extensive discussions with our neighbors we concur that it is inappropriate
and unsafe to extend a variance to enable the subdivision of TMK: (3) 1-7-023:16.
This corner lot and the corner of South Road and North Ala Road specifically is unsuitable for to
additional traffic, specifically the potential of young children on bicycles and stray animals being hit by
through traffic.
As the legal owner of South Road, I have already discussed this with the applicant and expressed my
concerns over the safety of our neighbors should additional housing be developed on this corner. The
neighborhood is agricultural, density and the condition of the roads will not support this level of
increased density on that corner.
North Ala Road is one lane without sufficient turn-offs. In the normal course of travel it is now necessary
to negotiate passage with oncoming traffic, in my experience almost every time I leave or return home.
Additionally, there is a soft shoulder at that point on South Road from which I have had to help extract
vehicles on more than one occasion due to the road conditions.
All of the properties, both on North Ala and on South Road from that intersection Malka are agricultural.
Given that we can anticipate food shortages in the near future due to geopolitical events it is now more
than ever imperative that our government support remaining agricultural enterprises and restrict the
incursion of residential devetopment in agricultural areas.
Please feel free to reach out if I can be of any additional assistance regarding this matter And should you
choose to proceed with granting this variance please inform me and our neighbors such that we might
appeal that decision.
Very truly,
Gar Rosenber
EXHIBIT G
To: Planning Director
Hawai' i County Planning Department
101 Pauahi Street, #3
Hilo, Hawai'i 96720
From: Michael D. Larish
Physical Address:
12 April 2026
k'1=C'D 6Y MA-L
CON PLANNING DLP
APR 15 2026 PsT2
RE: Subdivision Variance Application PL-SVAR-2026-000080 TMK (3) 1-7-023:016
Dear Planning Director:
I do not favor Subdivision Variance Application PI: SVAR-2026-000080 for the following
reasons:
1. The "Notice To Adjacent Property Owners," dated March 18, 2026, does not
present a clear picture of where the project is located. Although the notice refers to
TMK (3) 1-7-023:016, the attached map does not indicate where the proposed
development is located. The map is essentially a blank map that contains none of the
labels—e.g., TMK (3) 1-7-023:016 and Road Lot 6-8—that are referred to in the notice.
I attach a copy of this map: the road labels in pen were added by me. The original map
had no road labels.
2. Insufficient information on traffic flow is provided. Since North Ala Road is paved, it
has the highest traffic flow in our neighborhood. Will the public be excluded from using
the new road? Where will the new road connect to North Ala or South Road`?
Common sense dictates that North Ala should become a public two-lane road between
Huina Road and South Road. Will the new road impact the present utility poles on North
Ala Road?
;. No plan for drainage is provided.
4. No indication of what route earth -moving vehicles plan to take. These vehicles
raise noise and public safety concerns.
5. To ensure safe and adequate access for all users, including vehicles, bicycles,
and pedestrians, the standard 50-foot ROW with 20-foot pavement should be maintained.
Sincerely,
Michael D. La ish
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C. Kimo Alameda, Ph.D.
Mayor
William V. Brilhante, Jr.
Managing Director
West Hawaii Office
74-5044 Ane Keohokalole Hwy
Kailua-Kona, Hawai'i 96740
Phone (808) 323-4770
Fax (808) 327-3563
May 14, 2026
Gary Rosenberg
Dear Gary Rosenberg:
SUBJECT: Application:
Applicant:
Owner:
Request:
Tax Map Key:
JM��lor M,!Y
�f
�irE�oF.N':N
County of Hawaii
PLANNING DEPARTMENT
Jeffrey W. Darrow
Director
Michelle S. Ahn
Deputy Director
East Hawai'i Office
101 Pauahi Street, Suite 3
Hilo, Hawai'i 96720
Phone (808) 961-8288
Fax (808) 961-8742
SUBDIVISION VARIANCE I PL-SVAR-2026-000080
TURPIN, SHANE D.
TURPIN, SHANE D.
Variance from Chapter 23, Subdivisions, Article 6,
Division 2, Improvements Required, Section 23-84,
Water Supply; Variance from Hawaii County Code,
Chapter 23, Subdivision, Article 3, Design Standards,
Division 4, Street Design, Section 23-41, Minimum
Right-of-way and Pavement Widths.
(3) 1-7-023:016 (PL-SUB-2025-000357)
The objection e-mail and comments received on April 6, 2025, regarding variance application
PL-SVAR-2026-000080, have been carefully considered and incorporated into the variance
background and variance file.
The enclosed copy of PL-SVAR-2026-000080 approval letter, including the variance
background, findings, decision, and list of variance conditions is for your files.
In accordance with Chapter 25, Zoning, Article 2, Administration and Enforcement, Division
5, Section 25-2-58, Appeals, you or other signatories may appeal the director's decision and
request the following:
(a) Any person aggrieved by the decision of the director in the administration or
application of this Chapter may, within thirty days after the date of the director's
written decision, appeal the decision to the Board of Appeals.
(b) A person is aggrieved by a decision of the director if:
(1) The person has an interest in the subject matter of the decision that is
so directly and immediately affected, that the person's interest is clearly
distinguishable from that of the general public; and
Hawaii County is an Equal Opportunity Provider and Employer
Gary Rosenberg
PL-SVAR-2026-000080
Response to Objection Letter
May 14, 2026
Page 2
(2) The person is or will be adversely affected by the decision.
(c) An appeal shall be submitted electronically in the format prescribed by the
Board of Appeals and shall specify the person's interest in the subject matter
of the appeal and the grounds of the appeal. A filing fee of $250 shall
accompany any such appeal. The person appealing a decision of the director
shall provide a copy of the appeal to the director and to the owner of the
affected property and shall provide the Board of Appeals with proof of service.
(d) The appellant, the owners of the affected property, and the director shall be
parties in an appeal. Other persons may be admitted as parties to an appeal.
Other persons may be admitted as parties to an appeal, as permitted by the
Board of Appeals.
The Board of Appeals may affirm the decision of the director, reverse, or modify the decision,
or it may remand the decision with appropriate instructions if based upon the preponderance
of evidence the board finds that:
The director erred in its decision; or
2. The decision violated this chapter or other applicable law; or
3. The decision was arbitrary or capricious or characterized by an abuse of discretion or
clearly unwarranted exercise of discretion.
For your convenience, we have provided the website address for Hawai'i County's EPIC
System (Electronic Processing and Information Center) for electronic filing of applications.
of 'Hawaii EPIC Sy e(in iEiegtronic Processing and in ornia ion Qentt:f
Should you have any questions on the variance decision or the appeal procedure, please feel
free to contact our Hilo office at (808) 961-8288, or via email at
Sincerely,"'
g2 1'2� W. nvYoW
JEFFREY W. DARROW
Planning Director
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\\COH10V.hawaiicounty.gov\depts\PL\PL\planning\public\Admin Permits Division\Vadance\2026\PL-SVAR-2026-000080 - Turpin (road-water)\PL-
SVAR-2026-000080 Turpin OBJECT Rosenberg 05-14-26.docx
Encl: PL-SVAR-2026-000080 Approval Letter