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HomeMy WebLinkAbout2026-09-03 PL-BOA-2026-000137 FERREIRA Defective Petition LtrCounty of Hawaii BOARD OF APPEALS Aupuni Center - 101 Pauahi Street, Suite 3 - Hilo, Hawai'i 96720 (808) 961-8288 - Fax (808) 961-8742 September 3, 2026 Patrick Ferreira P. O. Box 155 Papa`ikou, HI 96781 Dear Patrick Ferreira: Subject: Defective Petition for Appeal Appellant: Patrick Ferreira Landowner: Edmund Olson Trust No. 2 Location: 27-256 Old Mamalahoa Hwy, Papa`ikou, Hawaii 96781 TMK: (3) 2-7-033-019 The petition filed on August 20, 2026, is defective. We received a General Petition for Appeal of a Decision by the Planning Director, however the statements related to the nature of appeal do not identify a final decision within the time limits prescribed by statute, ordinance, rule, or by order of the Board. The time limit of an appeal of a decision by the Planning Director is governed by Hawaii County Code § 25-2-20(a), which states: 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. If you are aggrieved by a final decision within that time frame, you will need to submit the attached application with corrections and include a copy of the Director's decision that you are appealing. Please read the petition instructions carefully and make sure to submit all required corrected information within thirty (30) days. On August 20, 2026, the Board of Appeals (hereinafter "Board") received a defective General Petition for Appeal of a Decision by the Planning Director related to the subject Hawaii County is an Equal Opportunity Provider and Employer Patrick Ferreira Page 2 of 3 September 3, 2026 property. Pursuant to Board of Appeals Rules of Practice and Procedure ("RPP") §2- 4(e)', we require correction of the deficiencies. The petition did not include the following: ❑x An appeal filed within the time limits prescribed by statute, ordinance, rule, or by order of the Board. (see RPP §2-4(a) and RPP §8-3); ❑ The name, address, email, and telephone number of the appellant and, if applicable, the name, title, email, and address of the appellant's representative. (see RPP §8-4(1) or RPP § 8-5(1)); ❑ A description of the property involved in the appeal, including the tax map key number of the property, and the appellant's interest in the property. (see RPP §8- 4(2) or RPP § 8-5(2)); ❑ A plain statement of the nature of the appeal and the relief requested (see RPP §8-4(3) or RPP § 8-5(3)); ® A statement explaining: (A) how the decision being appealed violates the law; (B) or how the decision is clearly erroneous; or (C) how the decision is arbitrary or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion (see RPP 8-4(4)); ❑ A clear statement describing the proposed material, method of construction, equipment, etc., and setting forth how it meets the standards of the applicable chapter of the Code and is safe for its intended use (See RPP 8-5(4)); ❑ A clear and concise statement of any other relevant facts. (see RPP §8-4(5) or RPP § 8-5(5)); ❑x A copy of the Director's decision being appealed (see RPP §8-4(6) or RPP § 8- 5(6)); ❑ List of names, addresses and tax map keys of all owners of property within 500 feet of the perimeter boundary of the affected property. Instructions for obtaining this information can be found here: htt[)://records.hawaiicounty.aov/weblink/DocView.as[)x?dbid=1 &id=113793; ❑ Proof of service of the Petition for Appeal to the Planning Director; ❑ Proof of service of the Petition for Appeal to the Landowners; Rule 2-4(e), states, in its entirety: Defective Petition Filing. If any document filed in a proceeding does not comply with the applicable rules of the Board as to the contents thereof, the Board's staff or designated representative shall notify the petitioner of the deficiency and require correction within thirty (30) days of the date of the notification. Upon receipt of the corrected petition, the Board shall, within not more than one hundred twenty (120) days, conduct a hearing on the petition unless otherwise agreed to by the parties or as ordered by the presiding officer. If a corrected petition is not received within thirty (30) days, the original petition will be scheduled for the next available hearing for consideration by the Board. Patrick Ferreira Page 3 of 3 September 3, 2026 ❑ Other: Please carefully review the instructions for General Petition for Appeal of Decisions by Planning Director or Public Works Director as well as Part 2 and Part 8 of the Board of Appeals Rules of Practice and Procedure. The Board of Appeals Rules of Practice and Procedure are available to view online at: http://records.hawaiicounty.gov/weblink/1/doc/34351/Pagel.aspx. Rules 2-6 and 8-8 direct you to the requirements regarding service of documents to all required parties. Should you have any questions, please feel free to contact the staff to the Board at boardofappeals(a)hawaiicounty.gov. Sincerely, 31_1�7 7x�11AZId" &M, Bethany Morrison Staff to the Board of Appeals Enclosures — Petition cc. Board of Appeals Planning Director BOA Corporation Counsel — Sylvia Wan, Esq. Department Corporation Counsel — Jean Campbell, Esq. BM:sm \\hawaiicounty.gov\Depts\PL\PL\planning\public\BOA\Applications Letters\2026\2026-09-03 PL-BOA-2026-000137 FERREIRA Defective Petition Ltr.docx