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Home My WebLink About2026-05-29 William Frazier, PL-BOA-2025-000123, DPW's Proposed FOF COL OrderRENEE N.C. SCHOEN 5936 Corporation Counsel SINCLAIR SALAS-FERGUSON 9398 Deputy Corporation Counsel Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 Telephone: (808) 961-8251 Facsimile: (808) 961-8622 E-mail: Sinclair. sal asfergusonghawaiicoun ov Attorneys for Appellee, DEPARTMENT OF PUBLIC WORKS, COUNTY OF HAWAI`I BEFORE THE BOARD OF APPEALS COUNTY OF HAWAI`I STATE OF HAWAI`I WILLIAM FRAZIER, Appellant, vs. DEPARTMENT OF PUBLIC WORKS, COUNTY OF HAWAI`I, Appellee. CASE NO.: PL-BOA-2025-0000123 APPELLEE DEPARTMENT OF PUBLIC WORKS, COUNTY OF HAWAI`I'S PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND ORDER; CERTIFICATE OF SERVICE FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND ORDER The Hawai'i County Board of Appeals, having considered the pleadings, evidence, oral arguments of the parties, the Proposed Findings of Fact Conclusions of Law, Decision and Order, and having been duly advised of the record and files pertaining to this case, including all the exhibits, herein finds as follows: FINDINGS OF FACT 1. William Frazier ("Appellant") owns the property identified by Tax Map Key #: (3) 1- 9-003:018 ("Appellant's Property") 2. Appellant's Property abuts Old Volcano Road, which is a roadway owned by Appellee County of Hawaii ("County Roadway") 3. Located between Appellant's Property and the County Roadway is an unpaved piece of land owned by Appellee County of Hawaii ("County Right -of -Way") 4. On or about March 4, 2025, Appellee County of Hawaii ("County") received a complaint that Appellant had installed a driveway within the County Right -of -Way. 5. On or about June 25, 2025, the County investigated the complaint and concluded that Appellant had an unpermitted driveway approach located within the County Right -of - Way. 6. In a letter dated July 23, the County notified Appellant that he had an unpermitted driveway approach and that pursuant to relevant Hawaii County Code provisions, he is required to properly permit the driveway approach ("County's Notice") 7. On or about August 8, 2025, Appellant filed an appeal with the Board of Appeals, challenging the County's Notice. 2 8. On May 15, 2026, Appellant and County appeared before the Board of Appeals for a contested case hearing ("Hearing") 9. The evidence presented at the Hearing showed that: a. Appellant conducted work within the County Right -of -Way and uses the County Right -of -Way for vehicular ingress and egress to and from his Property and the County Roadway; and b. Appellant did not obtain a permit from the County of Hawai`i's Department of Public Works to conduct work in the Right -of -Way or to install or use the driveway approach that exists on the County Right -of -Way. CONCLUSIONS OF LAW 1. "Driveway approach" is defined by the Hawaii County Code ("HCC") as the "area between the edge of the roadway and property line of any County owned or maintained street that provides ingress and egress to an abutting property." HCC § 22-1.1. 2. "Street" is defined as "the entire width between property lines of any County owned and maintained street, avenue, road, alley, highway, lane, path or other place opened, improved and established for the use of vehicles, pedestrians or both." HCC § 22-1.2. 3. HCC § 22-4.8(a) states that no "County street shall be used for ingress or egress to a property without a properly located and constructed driveway approach." 4. HCC § 22-4.1 states that "no person shall, in any manner or for any purpose, alter, break up, dig up, disturb, undermine or dig under or cause to be altered, broken up, dug up, disturbed, undermined or dug under any County street without having first obtained a written permit to do so from the director [of Public Works]." 5. HCC § 22-4.4(1) states that "[d]riveway approaches shall be constructed or repaired 3 according to the provisions of this chapter and applicable specifications and plans on file in the department of public works." 6. Pursuant to Board of Appeals' Rule 8-15, the Board of Appeals may only reverse the County's Notice if, based upon the preponderance of evidence, the board finds that: (1) The director erred in its decision or is clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (2) The decision violated the Code 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. DECISION AND ORDER The Board of Appeals having reviewed the evidence, pleadings, and files herein and having considered the arguments of counsel and for good cause appearing therefor, IT IS HEREBY ORDERED that the County's Notice is AFFIRMED. Appellant failed to show that the County's Notice is erroneous, clearly erroneous, a violation of the Code or any other law, arbitrary, capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion because: (1) the evidence showed that Appellant conducted work within the County Right -of -Way and uses an unpermitted driveway approach to access his Property; and (2) under County Hawaii County Code, Chapter 22, Appellant must first obtain a permit from the County before constructing and using a driveway approach located within the County Right -of -Way. DATED: Hilo, Hawai'i 0 [Name], Chairperson Board of Appeals of the County of Hawaii BEFORE THE BOARD OF APPEALS COUNTY OF HAWAI`I STATE OF HAWAI`I WILLIAM FRAZIER, CASE NO.: PL-BOA-2025-000123 Appellant, vs. CERTIFICATE OF SERVICE DEPARTMENT OF PUBLIC WORKS, COUNTY OF HAWAI`I, Appellee. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served upon the parties below by electronic mail service on May 29, 2026: 1. William Frazier, Appellant Lil_pete_78@hotmail.com 2. Sylvia Wan, Deputy Corporation Counsel SylviaA.Wan@hawaiicounty.gov Attorney for the Board of Appeals Dated: Hilo, Hawaii, May 29, 2026. WESLEY R. SEGAWA, Director, Department of Public Works, County of Hawaii, Appellee By: /s/ Sinclair Salas-Ferguson SINCLAIR SALAS-FERGUSON Deputy Corporation Counsel Attorney for Public Works 5