HomeMy WebLinkAbout2026-07-21 Mr. Riveira Opposition Testimony To: Hawaii County Planning Department. July 10, 2026
Aupuni Center,
101 Pauahi Street, Suite 3,
Hilo, HI 96720 RECD HAND DE`r F E'
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Jul RE: Opposition to Special Permit Application 2 202' Y : 4
TMK (3) 1-5-017:162 —Kea`au-Pahoa Road (Highway 130)
To Whom It May Concern:
I am writing to express my opposition to the Special Permit application for TMK
(3) 1-5-017:162, which seeks to legitimize the establishment of food vendors,
agricultural training classes, and the sale of fresh produce on the property.
My concerns include the following:
Lack of ADA Compliance Information
The application materials do not appear to identify any facilities, parking areas,
pathways, or restrooms designed to meet Americans with Disabilities Act (ADA)
accessibility requirements. Before any permit is considered, the applicant should
demonstrate compliance with all applicable accessibility standards.
Precedent and Existing Unpermitted Commercial Activity
Highway 130 already contains numerous unpermitted fruit and vegetable sales
operations. Granting this Special Permit without addressing existing compliance
issues may encourage further unauthorized commercial activities along the corridor
and undermine enforcement of County land use regulations.
Lack of ADA Compliance Information
The application materials do not appear to identify any facilities, parking areas,
pathways, or restrooms designed to meet Americans with Disabilities Act (ADA)
accessibility requirements. Before any permit is considered, the applicant should
demonstrate compliance with all applicable accessibility standards.
Precedent and Existing Unpermitted Commercial Activity
Highway 130 already contains numerous unpermitted fruit and vegetable sales
operations. Granting this Special Permit without addressing existing compliance
issues may encourage further unauthorized commercial activities along the corridor
and undermine enforcement of County land use regulations.
Need for Comprehensive Review
Given the existing unpermitted structures, traffic impacts, and unanswered
questions regarding accessibility and site compliance, the application should be
denied or deferred until a complete review is conducted and all applicable
requirements are satisfied.
For these reasons, I respectfully request that the County deny the Special Permit
application or postpone consideration until all outstanding issues have been fully
addressed.
Thank you for your consideration.
Respectfully submitted,
Mr. Riveira
P.O Box 299
Keaau, HI. 96749
Additional points that often carry weight in special permit proceedings include:
• Insufficient parking.
• Lack of paved ingress/egress.
• Drainage and runoff impacts on neighboring properties.
• Waste disposal and restroom facilities for vendors and customers.
• Noise from events, classes, or gatherings.
• Whether the use is consistent with the intent of the Agricultural District.
• Fire and emergency vehicle access.
• Potential impacts on neighboring residences
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