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HomeMy WebLinkAbout2026-08-22 Sierra Club, Hawaii Island Group to BOAC H P L Ns as D EPT ECY'D HAND DIELI SE ED Sierra Club, Hawai'i Island Group P.O. Box 1137 Hilo, Hawaii 96721 August 22, 2026 Cathy Lewis, Chair, Board of Appeals c/o Planning Department 101 Pauahi St, Suite 3 Hilo, Hawai'i 96720 Jeff Darrow, director Planning Department 101 Pauahi St, Suite 3 Hilo, Hawai'i 96720 Aloha Chair Lewis and members of the Board of Appeals, and Planning Director Darrow, We are writing in support of Patrick Ferreira's appeal of the Verizon telecommunications tower planned on Olson Trust land, in close proximity to homes and businesses in the heart of Papa'ikou. We urge that the Board of Appeals and Planning Department require work to be paused on the tower. The public is being denied its right to effectively appeal the decision because the records of the decision are unavailable to the public. Laws covering telecommunications towers have changed in recent years, but without records showing the date of application and the materials considered in approving the project, there is no way for residents to review whether the Pipa'ikou tower complies with the law. The tower was approved by a Planning Director decision dated December 16, 2024,, PL-PLA-2024- 000347, TMK (3) 2-7-033:019. Sierra Club member Cory Harden visited the Planning Department and requested for relevant records on August 10, 2026. Planning staff said the records had not been uploaded to EPIC. Staff recommended e-mailing a request and said Planning would need two weeks to respond. Ms. Harden e-mailed a request that day. We urge that work on the tower be paused and not resume until the following conditions are met: • The relevant project records are made available on EPIC and e-mailed to Ms. Harden • No earlier than 30 days after the records are made available, the Board of Appeals discusses the plan approval at a properly noticed public meeting where public testimony is accepted. We also urge that the Board of Appeals and Planning Department fully address the concerns in Mr. Ferreira's appeal, filed on or about August 19, 2026. We also raise the following concerns: The public was kept in the dark. A tower was also proposed for the site several years ago but never built (PLA-17-001481). The historic consultant for that proposal, Nicole Okina of Bureau Veritas, interviewed Mr. Ferreira around November 2025, based on records for that approval. However, Mr. Ferreira does not recall Ms. Okina mentioning the planned tower. The only public notice for the current project appears to have been this brief mention in the November 13, 2024 edition of the Hawai'I Tribune -Herald: PLAN APPROVAL ... 4.*Verizon Wireless/Edmond Olson Tr. (PL-PLA-2024-347) New 66' Monopalm/Telecomm Facility on 0.8640 acs., (por.), S. Hilo, TMK: 2-7-033:019. The Tribune -Herald reports that "Earlier this year, Ferreira noticed workers at the site. When he asked what they were doing they told him they would be building a cell tower there. It was the first he and other residents had heard of the project" New cell tower draws ire, Hawai'l Tribune -Herald, August 2, 2026 After learning about the tower, about 160 residents signed petitions in opposition, according to resident Margaret Johnson. Residents also contacted Olson Trust and Verizon. County Council member Heather Kimball contacted Verizon. But despite these efforts, construction began. The public was not informed about the tower, despite recent, well -publicized County Council decisions and public comments that highlighted numerous concerns about telecommunications towers. • July 22, 2020 Resolution 678-20 passed by County Council; called for a pause on 5G small cell antennas • August 4, November 1, December 4 and 19, 2024; and February 4, 2025 Bill 194 considered by County Council and Windward and Leeward Planning Commissions; contained standards for telecommunications towers • June 4, 13, 18, 30 and July 7, 2025 Bill 24 considered and passed by County Council; set standards for telecommunications facilities, such as: Survivability of everything on towers with 100 mph winds Efforts to seek alternate locations Co -location for other providers on one tower Information to neighbors Fire protection measures Maintenance plan Visual impact analysis Greater setbacks 6-foot fence and anti -climbing device Light shielding 120 day deadline to remove tower after abandonment Protections for natural beauty The tower conflicts with the Hamakua Community Development Plan. 0 The tower is in the viewplanes of a number of homes. In the Hamakua CDP Planning Area, applications for Use Permits for wind energy facilities and telecommunications antennas/towers shall include viewshed and, as appropriate, line -of -sight analysis to demonstrate how the request does not cause substantial, adverse impact to the community's character, including open space, public views, and areas of natural and scenic beauty, and propose conditions to mitigate scenic impacts. (HCC 25-2-60 & 64) H6mdkua Community Development Plan, p. 63, underlines added • The location has some historical value. Plan approval and related conditions shall consider ... archeological and historic sites, and historic buildings when assuring that ... natural and manmade features of community value are preserved. (HCC 25-2-77(a) & 76) Hamakua Community Development Plan, p. 63, underlines added The only historic property remaining within the project parcel is the 1920 agricultural office. The building retains its historic integrity and appears to meet, at the local level, Criteria A and C for listing in the National Register of Historic Places. However, it is not currently listed and is not considered a significant property. January 21, 2016 letter from Nicole Okino, Bureau Veritas North America, 841 Bishop St., suite 1100 Honolulu, Hawoi'i 96813, to Lucas Mead of Planning Department, from Final Plan Approval PLA-17- 001481, January 19, 2018, underlines added The tower conflicts with the 2005 County General Plan. NATURAL BEAUTY..7.2 GOALS ... (b) Protect scenic vistas and view planes from becoming obstructed (h) Protect the views of areas endowed with natural beauty by carefully considering the effects of proposed construction during all land use reviews. (i) Do not allow incompatible construction in areas of natural beauty. 2005 General Plan, p. 7-3 PUBLIC UTILITIES ... 11.3 TELECOMMUNICATIONS 11.3.3 Standard (a) In the development and placement of telephone facilities, such as lines, telecommunications, and cellular towers, poles, and substations, the design of the facilities shall consider the existing environment, and scenic view and vistas shall be considered and preserved where possible. 2005 General Plan, p. 11-13 LAND USE ... 14.3 COMMERCIAL DEVELOPMENT ...14.3.3 Policies... (f) The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. 2005 General Plan, p. 14-25 Mahalo for considering our concerns. We look forward to your response. Kara Dumaguin Chair Sierra Club, Hawaii Island Group cc: Olson Trust