HomeMy WebLinkAboutAppeal - Decisions by PL or PW Dir-1_v1.pdfAloha!
The County of Hawai `i Planning Department has launched its Electronic Processing and Information
Center (EPIC) sytem, which allows applicants to submit applications and payments to the Planning
Department electronically.
What is the EPIC system?
The EPIC system is an electronic submittal system only. What does this mean? EPIC replaces the
process of mailing/dropping off your completed paper application and fee to the Planning Department; it
does not replace the process of filling out the application form. Applicants will still need to download
the appropriate Planning Department application form from our website
(www.planning.hawaiicounty.gov), fill it out, and collect any supporting documents prior to submittal.
How does EPIC affect the application submittal process?
With the launch of the EPIC system, the Planning Department is no longer accepting paper applications.
All application submittals and payments must be completed through EPIC.
I've filled out the application and collected my supporting documents. Now what?
• Save your application and documents in PDF form.
Create your user account in EPIC. Visit www.planning.hawaiicounty.gov and click on the
Electronic Processing and Information Center banner. You will be redirected to EPIC`s
Customer Self -Service (CSS) portal, where you may create a new user account.
0 Once your account is created, select the application you wish to apply for. During the submittal
process:
o When prompted to Add Contacts, you may add any person/company as a Contact so long
as that Contact has their own EPIC user account. Contacts will be able to view your
application and any documents associated with your submittal. As some applications in
contain personal financial information, please do not add contacts whom you do not wish
to be able to access this information.
o When prompted to Add Attachments, please upload your PDF file(s).
Where do I find out more information about the EPIC system and how to use it?
How-to videos for navigating the EPIC system are available online.
o Visit www.planning.hawaiicounty.gov
o Click on the Electronic Processing and Information Center banner
o On EPIC's welcome page, click Help and scroll through the drop -down menu to view the
list of available how-to videos
Need more help? Please contact us:
o HILO Main line: (808) 961-8288
o KONA Main line: (808) 323-4770
o Email: planningga,hawaiicoun ov
1PCOUNTY OF HAWAPI
Electronic Processing and
Information Center (EPIC)
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.)
TYPE OF PETITION (check one):
�■ Appeal Decision of the Planning Director Appeal Decision of Director of Public Works
SUBJECT PROPERTY (land in question):
Tax Map Key (TMK): 2-7-033-019 Area of Property: 37,635.84 sq ft
State Land Use
Designation: Commercial Village County Zoning: Hawaii
Street Address: 27-256 Old Mamalahoa Hwy., Papaikou, HI 96781
APPELLANT INFORMATION:
Name(s): Patrick Ferreira
Signature(s): Date: 8/18/2026
Mailing Address: PO BOX 155, Papaikou, HI 96781
Telephone: 808-964-1278 Email: patandco.inc96@yahoo.com
Interest in Subject In question, placement of cell tower that is less than 30 feet from residential properties
Property:
LANDOWNER INFORMATION:
Name(s): Edmund C. Olson Trust No. 2
Signature(s)': Date: 8/18/26
Mailing Address: PO BOX 446, Papaikou, HI 96781
Telephone: 808-808-5590 Email:
APPELLANT REPRESENTATIVE INFORMATION (leave blank if not applicable):
Name(s)/Title(s):
Signature(s): Date:
Mailing Address:
Telephone: Email:
1 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:
Because work has already begun, every additional day of construction increases the urgency of this appeal. Residents request
that no further excavation, foundation work, tower assembly, utility installation, equipment placement, or related construction activity
continue until the permitting and approval process has been fully reviewed and the community has had a fair opportunity to present
its objections. The proposed tower would introduce a large industrial structure into or immediately adjacent to a residential setting.
Nearby homeowners are concerned that the presence of a visible cell tower may reduce property desirability and marketability.
The possibility of diminished property values should be carefully evaluated before approving a site so close to homes.
The applicant should be required to demonstrate that the proposed tower location satisfies all applicable setback, structural,
fall -zone, access, maintenance, noise, lighting, and emergency -response requirements. The proximity to residences demands
a heightened level of scrutiny, including a clear explanation of why this location is necessary and why the same service objective
cannot be achieved through a less disruptive site or collocation on an existing structure.
Planning Department approved permit in 2024 and building permit approved June 2026
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:
Before any approval is granted, the reviewing authority should require documentation showing compliance with all applicable local,
state, and federal siting requirements, including environmental, historic -preservation, aviation, radiofrequency-exposure, and
zoning review obligations where applicable.The public record should include the applicant's technical justification, coverage analysis,
alternative -site analysis, and any required environmental or safety assessments.
The community requests that the applicant be required to evaluate reasonable alternatives, including collocation on existing towers
or utility structures, placement in commercial or industrial areas, reduced -height designs, stealth or concealed designs,
increased setbacks from residences, landscaping, screening, and other measures that would lessen the impact on nearby homes.
For the reasons stated above, I respectfully request that the Planning Commission / Zoning Board / Local Authority immediately
halt construction through a stop -work order, suspension, or temporary hold; schedule an emergency public hearing or review;
require the applicant to produce the complete permit file, approval record, construction plans, compliance documentation, and
alternative -site analysis; and deny, revoke, suspend, or modify the approval if the record shows that applicable procedures, notice
requirements, zoning standards, setbacks, safety requirements, or mitigation obligations were not satisfied.
We also request written confirmation that construction will not proceed while this appeal and review request are pending,
or a written explanation identifying the authority relied upon to allow construction to continue despite these unresolved objections.
I further request that affected residents be provided adequate notice, access to all relevant application materials, and an
opportunity to be heard before any final decision is made.
Statement of any other relevant facts:
I understand that with cell tower installation of everything mechanical fails in time. A concerning point is the monopalm fronds will
become dangerous projectiles in the event of high winds and hurricanes that our island are prone to experience (e.g. Hurricane
Lala - August 15, 2026) A second concerning point is the generator that will be installed for back up when electricity goes off, the
noise level this will generate will be a noise nuisance for the surrounding 9 homes and Papaikou Post Office whose delivery drive
way is directly adjacent to cell tower placement.
We do not have a copy of the Planning Director's decision letter as the homeowners were not notified that such a decision was
being processed and made.
If there is insufficient space on this form to provide the information, then please include supplemental documents.
\\COH01\planning\public\BOA\Forms and Labels\Application Forms\APPEAL 2021-07 - PL or PW Dir.docx Revised April 2021
INSTRUCTIONS
GENERAL PETITION FOR APPEAL OF DECISIONS BY PLANNING DIRECTOR OR PUBLIC WORKS DIRECTOR
Board of Appeals Rules of Practice and Procedure (RPP) can be reviewed in the Planning Department or
on the following website: https://records.hawaiicounty.gov/Weblink/1/doc/34351/Pagel.aspx.
For a General Petition for Appeal filed with the Board of Appeals to be considered complete, it must
contain the following:
1. A filing fee of two hundred fifty dollars ($250) payable to the County Director of Finance [RPP
Section 8-7].
2. The original in electronic form of the following:
1. The General Petition for Appeal application form above.
2. Supplemental documents that provide the following:
a. A description of the property involved in the appeal in sufficient detail for the public to
precisely locate the property.
b. A statement explaining the nature of the appeal and the relief requested.
c. A statement explaining:
i. How the decision appealed from violates the law; or
ii. How the decision appealed from is clearly erroneous; or
iii. How the decision appealed from was arbitrary or capricious, or characterized by
an abuse of discretion or clearly unwarranted exercise of discretion.
d. A clear and concise statement of any other relevant facts.
3. A copy of the Director's decision letter that is being appealed.
Note that the Board of Appeals is a separate entity from the Planning Director and Director of Public Works.
Pursuant to RPP Section 8-8, you are required to serve a copy of the petition to the Director of the decision
being appealed, and to all landowners of the affected property if the landowners are not the Appellants.
For questions, please email.boardofappeals@hawaiicountV.gov.
You may submit the completed petition as a PDF document at the on-line Electronic Processing &
Information Center (EPIC).
\\COH01\planning\public\BOA\Forms and Labels\Application Forms\APPEAL 2021-07 - PL or PW Dir.docx Revised April 2021