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DeVera, Ashley <br />From: Mark Van Pernis <mvpvv@hawaii.rr.com> <br />Sent: Sunday, February 5, 2023 10:59 AM <br />To: LPCtestimony <br />Cc: Villegas, Rebecca; Sauer, Noriko; Mark Van Pernis <br />Subject: Leeward Planning Commission, 2/16/23 agenda. 1. Unfinished business, Kona Aeruals <br />Gymnastic Team, Inc.,Special Permits App.0 <br />The following is the opinion on information and belief, as written public testimony concerning the above referred to <br />public application. This statement is made because Mr. Bolton and/or his business entities, (Bolton), which appears to <br />be the owner of the subject property, has filed and/or threatened litigation against anyone (e.g. subdivision <br />associations and lot owners) which use Hualalai Road) who opposes and/or expresses an opinion and/or takes action <br />against him, in a blatant attempt at suppressing their constitutional rights to free speech and to seek redress from <br />government of grevances. There would be more testifiers absent such intimidating litigation. In addition he has <br />unsuccessfully litigated against the County. <br />Although the applicant is stated to be the sympathetic entity Kona Arieal Gymnastic Team, Inc. the real beneficiary of <br />the application appears to be Bolton. <br />1. He is operating a business/activity on the property (other than the Ariel lease) which has been in trouble with the <br />County, and over with he has unsuccessfully litigated. <br />2. He has continued to violate County orders regarding that business (e.g by importing rock via big trucks). <br />3. He knowingly offered and entered into an illegal commercial lease and collected rents for years. <br />4. Bolton's business uses the same internal and external (Hualalai Road) roads as Aerial. <br />The entire area along Queen Kaahumanu and Hulalalai to Bolton"s place is designated "alternate urban <br />expansion". It should be entirely planned as such, with appropriate infrastructure, rather than avoid good planning and <br />create more hazards by piecemeal avoidance using special use permits. <br />Hualalai is a narrow substandard old wagon track without shollders and many with bad blind curves, where <br />subdivisions accessing it were required to construct third lanes for safety and access. <br />It is often congested with traffic from Mamalahoa and that trying to get around the gridlock traffic jams on Queen <br />Ka'ahumanu Highway. <br />There are blind curves and no shoulders or sidewalks at the access point of the Bolton property. <br />There is a dangerous and steep intersection of Hualalai and Queen K, and Queen Kis jammed during the times Aerial <br />clientele would be using those roads. <br />You have already unfortunately (because it too was a sympathetic applicant) recommended the approval of a big <br />preschool , without shoulders, sidewalks, a turn lane, or traffic light, which will use Hualalai for its access at a blind <br />curve very near the Bolton/Aerial access at another blind curve which will seriously further jam Hualalai and invite <br />accidents during drop offs and pickups and Bolton trucks at certain times of the days. You should take responsibility for <br />such accidents, due to your lack of planning. <br />Have any of you actually been to the site? (Not to the private preschool site either except for the undersigned). How <br />about a site visit, which is well within your powers? Have you talked with Hualalai Road using subdivisions and road <br />users? Investigated the Bolton litigation with the Count? Make the effort and do your job as Planner for the future of <br />West Hawaii! <br />1 <br />