PUBLIC HEARING NOTICE COUNTY OF HAWAII BOARD OF APPEALS NOTICE IS HEREBY GIVEN of hearings to be held by the Board of Appeals of the County of Hawai’i in accordance with the provisions of Chapter 92-7, Hawaii Revised Statutes, as amended; Section 6-9.2 of the Charter of the County of Hawaii; and Rule 1-5 of the Board’s Rules of Practice and Procedure. NOTE: Because of the Novel Coronavirus (COVID-19) Emergency and State and Federal guidance on large meetings or gatherings and pursuant to the Mayor’s Proclamations regarding COVID-19, Board of Appeals Meetings will be held online until further notice. Members of the public may watch the Board of Appeals meeting live online. Minutes of the Board of Appeals Meeting will be transcribed and posted on the Planning Department’s website. DATE: Friday, September 11, 2020 TIME: 09:00 a.m. PLACE: Board of Appeals Members and Parties to BOA Cases will participate in this meeting via the WebEx interactive video conference platform. The public will be able to view and listen to the meeting at: https://www.youtube.com/channel/UCAFoRMb3rfWLQMPd6TAkE GA?view_as=subscriber A full schedule of Board of Appeals cases, including current cases closed, continued, or withdrawn can be viewed on the Planning Department’s website here: http://records.hawaiicounty.gov/Weblink/1/doc/103943/Page1.aspx STATEMENTS FROM THE PUBLIC ON ITEMS ON THE AGENDA Public participation will be limited to only written testimony via email at planning@hawaiicounty.gov or submitted at the Hilo or Kona Planning Department up to ten days prior to the hearing (See Submitting Testimony below). NEW BUSINESS 1. HU HONUA BIOENERGY, LLC (BOA 19-000227) Petition by Life of the Land to Intervene in Appeal of Planning Director’s Decision Dated October 15, 2019, to Require an Amendment to SMA Permit 221 and Possibly a Special Permit Location: 28-283 Sugar Mill Road, Pepeekeo, HI 96783 TMK: (3) 2-8-008:104&2-6-008:161 2. GRETTA SPEIR (BOA 19-000238) Appeal of Decision by Planning Director Dated November 12, 2019, Regarding Denial Issued for Short-Term Vacation Rental Registration (STVR-19-360056) and Nonconforming Use Certificate (NUC-19-1141) Location: 11-3893 6th Street, Volcano, HI 96785 TMK: (3) 1-1-008:079 3. JAMES STURZ (BOA 20-000256) Appeal of Decision by Planning Director Dated December 20, 2019, Regarding Denial Issued for Short-Term Vacation Rental Registration (STVR-19-361627) and Nonconforming Use Certificate (NUC-19-1462) Location: 53-3947 Pratt Rd., Kapaau, HI 96755 TMK: (3) 5-3-006:030 4. TIMOTHY&RONDA ROBERTSON (BOA 20-000258) Appeal of Decision by Planning Director Dated January 21, 2020, Regarding Denial Issued for Short-Term Vacation Rental Registration (STVR-19-365297) and Nonconforming Use Certificate (NUC-19-1876) Location: 78-6823 Walua Rd., Kailua-Kona, HI 96740 TMK: (3) 7-8-009:051 5. ANDREW G. ODELL, MARY ELIZABETH LAYCHAK, RICHARD B. ROCKER (BOA 20-000269) Appeal of Decision by Planning Director Dated January 21, 2020, Regarding Denial Issued for Short-Term Vacation Rental Registration (STVR-19-360852) and Nonconforming Use Certificate (NUC-19-1847) Location: 65-1203 Awaa Place, Kamuela, HI 96743 TMK: (3) 6-5-009:060 6. AOPOOKOVP INC (BOA 20-000270) Appeal of Decision by the Planning Director Dated March 23, 2020, Regarding Approval of Variance Application VAR-20-000571 Location: No phyiscal address assigned TMK: (3) 7-2-006:004 (SUB-17-001699) a) Board determination regarding whether to accept the July 2, 2020 petition for untimeliness. Relevant ordinance and Board Rules: Hawaii County Code 25-2-58(b) and Board Rule 8-3 b) Contested Case Hearing (if the Board accepts the petition) 7. AOPOOKOVP INC (BOA 20-000271) Appeal of Decision by the Planning Director Dated May 23, 2020, Regarding Amended Tentative Approval of Subdivision Application SUB-17-001699 Location: No phyiscal address assigned TMK: (3) 7-2-006:004 (SUB-17-001699) a) Board determination regarding whether to accept the July 2, 2020 petition for untimeliness. Relevant ordinance and Board Rules: Hawaii County Code 25-2-58(b) and Board Rule 8-3 b) Contested Case Hearing (if the Board accepts the petition) EXECUTIVE SESSION With reference to the agenda items listed under New Business, one or more executive meetings may be anticipated. The Board may convene an executive meeting pursuant to Chapter 92-5(a)(4), Hawaii Revised Statutes, as amended, for the purpose of consulting with the Board’s attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities. Pursuant to Chapter 92-4, Hawaii Revised Statutes, as amended, and Rule 1-5(e), Board of Appeals Rules of Practice and Procedure, an affirmative 2/3 vote of the members present is necessary to hold an executive meeting. MINUTES August 14, 2020 ADMINISTRATIVE MATTERS Status of appeals filed on Board of Appeals decisions – Corporation Counsel Status of outstanding petitions Staff ANNOUNCEMENTS ADJOURNMENT SUBMITTING TESTIMONY According to Board of Appeals Rules of Practice and Procedure 1-5 (i) 1-3, any person desiring to testify shall indicate his or her name and residence address and indicate whether he or she is testifying on his or his own behalf, or as a representative of the applicant/appellant, or an organization. Written testimony can be submitted via email or hard copy, but hard copies must include an original and ten copies and be submitted ten days prior to the hearing date. Additional information related to the above matters is on file at the Planning Department, Aupuni Center, 101 Pauahi St., Suite 3, Hilo, HI 96720 and/or the Planning Department, West Hawaii Civic Center, 74-5044 Ane Keohokalole Hwy., Kailua-Kona, HI 96740. The Board’s Rules may be viewed online at http://www.hiplanningdept.com/boards-and-committees/. Anyone who requires an auxiliary aid or service, other reasonable modification, or language interpretation to access this meeting, please contact the Planning Department at 961-8288 as soon as possible, but no later than five (5) working days prior to the meeting date, to arrange for accommodations. “Other reasonable modification” refers to communication methods or devices for people with disabilities who are mentally and/or physically challenged. If you are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist. {Article 15, Section 2-91.3(b), Hawaii County Code} A lobbyist means “any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials.” {Article 15, Section 2-91.3(a)(6), Hawaii County Code} Registration forms and expenditure report documents are available at the Office of the County Clerk, Hawaii County Building, 25 Aupuni Street, Room 1402, Hilo, Hawaii 96720. JAMES MCCULLY, CHAIRPERSON BOARD OF APPEALS Hawaii County is an Equal Opportunity Provider and Employer (HTH/WHT1292366 8/21/20)