KAILUA-KONA — Answers regarding a special permit for a gravel crushing operation on Hualalai Road and a subsequent request from nearby residents for a contested case hearing have been postponed indefinitely by the Leeward Planning Commission.
KAILUA-KONA — Answers regarding a special permit for a gravel crushing operation on Hualalai Road and a subsequent request from nearby residents for a contested case hearing have been postponed indefinitely by the Leeward Planning Commission.
In May, the Commission postponed a ruling on an application from Bolton, Inc. for a special permit to operate a commercial gravel crushing operation, an equipment baseyard and a security area on nine acres of agriculturally zoned land off Hualalai Road. The initial month-long deferral has been extended with no timetable to reconvene on the issue as Bolton seeks new legal representation.
Christy Logan, an agent for Bolton, said the initial deferral request was due to the petition for a contested case hearing, which she said came late in the process, leaving Bolton little time to react. She added the company didn’t want to operate on a time crunch considering the legal and community ramifications.
“There are some legitimate questions that have come to light and we want to make sure they are answered correctly, accurately and truthfully,” Logan said. “We want to be on solid ground and have answers for people’s questions without this bombardment of anger that seemed to be present. We don’t want to make any decisions based on emotion.”
Logan indicated there was a possible conflict of interest with Bolton’s former counsel, adding that as of yet, the company has no timetable in place to re-initiate proceedings. She declined to comment on whether or not Bolton had obtained new legal representation.
Jeff Citron, president of the Community Associations of Hualalai, said when he and dozens of other homeowners from four subdivisions — representing more than 500 households and 2,000 people — showed up to protest the permit at the May hearing, they were not aware of Bolton’s request for a deferral.
At the meeting, Citron and others claimed oppressive dust and noise stemmed from ongoing activity at the site — activity which was shut down after a warning letter was sent to Bolton from the Planning Department in February, citing possible zoning violations and prompting the company’s application for a special permit.
“A warning letter is different from a notice of violation,” said Daryn Arai, planning program manager. “We do not have all the evidence, but based on the appearance … there is enough evidence to suggest that what (Bolton was) doing was inappropriate. But it has not gotten to the point where we issue a formal notice of violation, which at that point could (render Bolton) subject to fines and specific corrective action.”
Bennett Mark, manager of the Planning Department in the Kona office, said investigators observed a rock crusher with a pile of crushed aggregate next to it.
They also observed construction equipment that appeared to have been stored on the site for an extended period of time, possible concrete debris from another site being stored on the land and an office trailer for which there was no building permit on record with drain lines dumping waste water onto the property.
Arai said Bolton has obtained permits from the Department of Public Works for improvements to a floodway on the property, which involves some gravel crushing.
Mark added that no further investigation has taken place since his office issued the warning letter, as Bolton responded promptly and subsequently applied for a special permit.
But opposition to the special permit contended that until the Planning Department issued the warning letter, Bolton’s operation was far more extensive than what permits allowed, creating issues of noise and dust.
Logan said those opposed to the special permit request have voiced concerns that paint a mental picture of a quarry operating in an industrial zone, adding that is not Bolton’s end game. Instead, she said, the company’s goal is to properly construct a floodway to make the land viable for development of some sort in the future.
Citron is aware Bolton is seeking new legal representation, but said it’s difficult to say why proceedings need to be postponed for several months.
“Maybe (Bolton) thinks the opposition will peter out,” Citron speculated. “Or maybe (Bolton) is waiting until after the elections.”
Citron has thrown his hat in the ring for the District 8 seat on the County Council, citing concern over the special permit hearing as his primary reason.