NOTICE OF HEARING
NOTICE IS HEREBY GIVEN of the hearing to be held by interactive video conference by the Land Use Commission of the State of Hawai’i to consider a petition for change of district boundaries as provided for in Section 205-4, Hawai’i Revised Statutes, as amended:
DATE, TIME AND PLACE:
Place: Zoom Webinar Virtual Meeting Registration- use link below
Wednesday, February 24, 2021 – 9:00 a.m.
Register in advance for this webinar:
and Petitioner: A18-806 – Kevin M. Barry and Monica S. Barry, Trustees of the Barry Family Trust Dated November 15, 2006
Tax Map Key: TMK (3) 1-5-059:059
Change Requested: To reclassify approximately 0.51 acres of land currently in the State Land Use Conservation District to the Agricultural District at Kea’au, Puna, Island, County and State of Hawai’i.
Maps showing the proposed district boundaries and copies of the Commission Rules governing the above petition may be inspected at the County of Hawai’i Planning Department’s Hilo office located in the Aupuni Center, 101 Pauahi Street, Suite 3, Hilo, Hawai’i 96720, during its regular office hours from 7:45 a.m. to 4:30 p.m., Monday through Friday; and the Land Use Commission, Room 406, Leiopapa A Kamehameha Building, 235 So. Beretania Street, Honolulu, Hawai’i, 96813, during its regular office hours from 8:00 a.m. to 4:00 p.m., Monday through Friday.
All persons who have some property interest in the land, who lawfully reside on the land, or who otherwise can demonstrate that they will be so directly and immediately affected by the proposed change that their interest in the proceeding is clearly distinguishable from that of the general public shall be admitted as parties upon timely application for intervention.
All other persons may apply to the Commission for leave to intervene as parties. Leave to intervene shall be freely granted, provided that the Commission or its hearings officer, if one is appointed, may deny an application to intervene when in the Commission’s or hearings officer’s sound discretion it appears that: (1) the position of the applicant for intervention concerning the proposed change is substantially the same as the position of a party already admitted to the proceeding; and (2) the admission of additional parties will render the proceedings inefficient and unmanageable. A person whose application to intervene is denied may appeal such denial to the circuit court pursuant to Section 91-14, HRS.
Petitions to intervene shall be in conformity with Section 15-15-52 of the Commission Rules. The petition for intervention with proof of service on all parties shall be filed with the Commission within fifteen (15) days after the publication of this notice.
All persons or individuals wishing to present testimony, orally or in writing, are requested to notify the Commission prior to the commencement of the hearing. Together with other witnesses that the Commission may desire to hear at the hearing, a representative of a citizen or a community group wishing to express the views of such citizen or community group concerning the proposed boundary amendment is requested to notify the Commission prior to the commencement of the hearing and may be requested to submit written evidence of authorization to represent the citizen or community group. It is suggested that such notification be submitted to the Commission no later than February 10, 2021.
Any party to the proceeding may be represented by legal counsel. An individual may appear on the individual’s own behalf, or a member of a partnership may represent the partnership, or an officer or authorized employee of a corporation, trust, or association may represent the corporation, trust, or association.
For persons requesting special accommodations due to disabilities, please contact the Commission at 587-3822 or notify the Commission in writing at P. O. Box 2359, Honolulu, Hawai’i 96804-2359, at least 10 days before the scheduled hearing.
LAND USE COMMISSION
JONATHAN LIKEKE SCHEUER, Chairperson
By DANIEL ORODENKER, Executive Officer