A group of owners of homes surrounding a North Kona rock-crushing operation now have standing in a future contested case hearing over whether the work being done there exceeds what was allowed by a permit application that was subsequently withdrawn by the applicant.
The Leeward Planning Commission voted 5-0 on Thursday that the homeowners, the Community Associations of Hualalai, representing residents of Heights at Hualalai, Pualani Estates, Hualalai Colony and Kona Orchards did have standing, after the case went to the Hawaii Supreme Court, which sided with the homeowners and remanded the case back down to the commission.
“This is a tough one,” Deputy Planning Director Jeff Darrow said, adding that the condo owners “surround Mr. Bolton’s property and obviously they are impacted by this particular endeavor.” Darrow said the Planning Department agreed with allowing them standing in the case.
Bolton Inc. had applied for a special permit to allow for a base yard/staging yard for equipment, storage of materials, stock piling and crushing of natural materials for commercial use and a security dwelling on a 9.23-acre portion of a 23.7- acre property within the state agricultural district. The property is located at 75-476 Hualalai Road, approximately 700 feet east of its intersection with Queen Kaahumanu Highway.
The association said in court filings by Kona attorney Michael Matsukawa that Bolton exceeded the scope of the grading and stockpiling permits that it had previously been issued. When former Planning Director Duane Kanuha and company executives met outside the public eye to arrive at an agreement to withdraw the permit application, it deprived the association its legal right to present a case as an intervenor in the matter, the association maintained.
“This project has morphed over the years and now we’re off the board,” Matsukawa told the commission Thursday, noting it’s been six years since the commission heard the issue. “The Hawaii Supreme Court simply told you what you need to do. … They believe that my clients have standing.”
Bolton representatives did not attend the meeting. But the company, represented by attorney Ron Kim, submitted written testimony disputing that stance.
“The Leeward Planning Commission lacks jurisdiction to review the Planning Director’s decisions, ” the written testimony said. “The Special Permit Application before the Leeward Planning Commission in Special Permit SPP NO. 16- 000188 was for a baseyard/staging area and commercial excavation, and not the drainage floodway improvement project, and … two of Petitioner’s members have foundational association documents which bar them from pursuing the complaints in their Petition.”
Homeowners attending the meeting wanted the opportunity to talk about Bolton’s rock-crushing operation and whether it needs permits to continue. There is commercial rock-crushing going on there, said Matt McGinnis, where rocks are brought in and crushed on site, with the resulting product trucked away.
“I can walk out on my lanai and look right down on this property,” McGinnis said.
“This whole matter is not been among the county’s or Bolton’s finest actions,” said neighbor Antu Harvey.