S.P.A.C.E. Community Meeting - March 6th

[Graham]

Cat has posted a version of the County e-mail that earlier l referred to as readable on the Big Island Chronicle blog.

One correction please

It was never sent to SPACE and was forwarded to us in the same manner it was forwarded to Cat

[StillHope]

Mr.Gram!

I have a question - how many houses are actually close enough

to SPACE to hear possible 70 db of noise 24/7 allowed in AG zone

(as was mentioned on this forum)?

I understand that the actual noise is lower.Did anyone get any facts on that?

[Rob Tucker]

Stillhope, Graham did not make that statement. Someone else did.

[Ikral]

I am a member of the Village Green Society, which owns Bellyacres in the form of a land trust. I have lived on the land for 9 years. I feel that I am in good position to clarify an apparent misunderstanding about what space is. It IS a privately owned building, owned by "Hawaii's Volcano Circus, a non-profit organization that received funding to build SPACE. Our funders were well aware of the nature of how SPACE would operate and that it would not be run by the members of the Seaview Owners Association, much less renters in the subdivision. SPACE is run by the non-profit in conjunction with the members of the land trust who are graciously allowing this building to exist on our private land. The building makes no profit and is in fact dependent primarily on volunteer labor to keep it running. We are providing a service for the community and doing our best to take into consideration the needs of the community as a whole, knowing that we can not possibly please everyone all the time. As anyone can imagine, it's quite a dance.

quote:

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Originally posted by peregrine

Part of the problem, as I have stated previously, is that SPACE is not run by the community. Graham Ellis, Terry Way, Gary Hoffeld and the other insiders are NOT the community at large. A community run resource would have far fewer problems than what is occurring now, because it would have input and decision making from all viewpoints. A community center needs to be run by the community, for the community and not benefit one set of people over others. Perhaps it is true that no one profits from SPACE, although anyone who is passingly familiar with the numbers is given reason to question this statement. But even if there is no cash profit seen, there are perks which are enjoyed by insiders alone. One example, though not the only one, is that members and close friends of Belly Acres are not held to the same rules and codes of conduct as anyone else. In fact, there are no rules, except those which are convenient in a moment. The only posted rule is "No Dogs", but this is applied selectively. SPACE management has been reluctant to create policy or rules which all participants are equally held to. If one of their team is insulting or abusive, it is of no consequence, but a complaint of that abuse will have them crying foul. There will be no questioning, no discussion, no mediation, no resolution. That is how problems arise. As long as there is hierarchy and abuse of power, there will be rebellion and discontent. If SPACE is such a wonderful and precious resource that it should be given forgiveness for breaking the law, and additional permits to continue growing, it should be completely relinquished to a new authority; an authority which has no vested interest other than serving every member of the community affected by it and which welcomes anyone who wishes to participate. As long a handful of insiders control SPACE, it will NOT be a true community center, and therefore should not be allowed to present itself as such.

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[mdd7000]

Why doesn't SPACE start buying up all adjacent properties so that they have a respectable buffer zone? These additional properties would also also allow for additional parking.
Of course, any properties with a home already built would present a more difficult situation, but maybe some swapping could occur.

ps - never been there and no idea what goes on, but I live in Puna, unlike many of the people posting on this.

[missydog1]

quote:

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It IS a privately owned building, owned by "Hawaii's Volcano Circus, a non-profit organization that received funding to build SPACE. Our funders were well aware of the nature of how SPACE would operate and that it would not be run by the members of the Seaview Owners Association, much less renters in the subdivision.

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the praises of SPACE in BIW are impressive, but as an onlooker it bothers me to see Graham write about it almost in terms of a community association, when your statement here makes it quite clear that it is and was always meant to be privately steered. This is from one of Graham Ellis's comments in BIW:

quote:

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If sustainability as a goal has any meaning at all, it must embrace community-based, community-run efforts to strengthen the social and economic fabric of their neighborhoods... Can our government respond to the needs of a legitimate community asset that serves the public, promotes sustainability, and buffers residents of lower Puna from the harmful effects of the great recession? I’ve observed that if the people speak loudly enough, the government can be made to listen. For that, we must look to our base as a grassroots community organization and to our service to you.

SPACE is the creation of a grassroots community development movement that meets the changing aspirations and needs of our community.

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The word "community is used six times, public, and the people are emphasized, and neighborhood. If I were just reading this on the blog I would assume this is a grass roots organization run by the community of Seaview.

But he also refers to SPACE as the community, so he speaks of a community, his non-profit that serves the larger community, yet the larger community doesn't make the decisions. I find all this rhetoric about making the government serve the community troubling, because "community" means his private organization and it means the people who love his organization. But nowhere in any of this does it mean the general public, only SPACE and fans of SPACE.

Also, a lot of the support letters are regarding the school, which is not in danger of being closed. I learned that charter schools are exempt from the need for special use permits on ag land. So it's all the other stuff, and they knew they weren't allowed to do it, and they did it anyway.

There are farmers' markets all over the island. Why can't there be a farmer's market in the Seaview area? One just started up in Pepe'ekeo. Is it that there's no commercial zoning at all in the area? How did the Maku'u Market come to be?

[missydog1]

just to provide information, I found the HRS section relative to special use permits.

http://www.capitol.hawaii.gov/hrscurrent...5-0006.htm

§205-6 Special permit. (a) Subject to this section, the county planning commission may permit certain unusual and reasonable uses within agricultural and rural districts other than those for which the district is classified. Any person who desires to use the person's land within an agricultural or rural district other than for an agricultural or rural use, as the case may be, may petition the planning commission of the county within which the person's land is located for permission to use the person's land in the manner desired. Each county may establish the appropriate fee for processing the special permit petition. Copies of the special permit petition shall be forwarded to the land use commission, the office of planning, and the department of agriculture for their review and comment.

(b) The planning commission, upon consultation with the central coordinating agency, except in counties where the planning commission is advisory only in which case the central coordinating agency, shall establish by rule or regulation, the time within which the hearing and action on petition for special permit shall occur. The county planning commission shall notify the land use commission and such persons and agencies that may have an interest in the subject matter of the time and place of the hearing.

© The county planning commission may, under such protective restrictions as may be deemed necessary, permit the desired use, but only when the use would promote the effectiveness and objectives of this chapter; provided that a use proposed for designated important agricultural lands shall not conflict with any part of this chapter. A decision in favor of the applicant shall require a majority vote of the total membership of the county planning commission.

(d) Special permits for land the area of which is greater than fifteen acres or for lands designated as important agricultural lands shall be subject to approval by the land use commission. The land use commission may impose additional restrictions as may be necessary or appropriate in granting the approval, including the adherence to representations made by the applicant. (emphasis mine)

(e) A copy of the decision, together with the complete record of the proceeding before the county planning commission on all special permit requests involving a land area greater than fifteen acres or for lands designated as important agricultural lands, shall be transmitted to the land use commission within sixty days after the decision is rendered.

Within forty-five days after receipt of the complete record from the county planning commission, the land use commission shall act to approve, approve with modification, or deny the petition. A denial either by the county planning commission or by the land use commission, or a modification by the land use commission, as the case may be, of the desired use shall be appealable to the circuit court of the circuit in which the land is situated and shall be made pursuant to the Hawaii rules of civil procedure.

Law Journals and Reviews

"Urban Type Residential Communities in the Guise of Agricultural Subdivisions:" Addressing an Impermissible Use of Hawai‘i's Agricultural District. 25 UH L. Rev. 199.

§205-12 Enforcement. The appropriate officer or agency charged with the administration of county zoning laws shall enforce within each county the use classification districts adopted by the land use commission and the restriction on use and the condition relating to agricultural districts under section 205-4.5 and shall report to the commission all violations. [L 1963, c 205, pt of §2; Supp, §98H-12; HRS §205-12; am L 1976, c 199, §2]

[Greg]

Here are about half of the community based non profits serving Puna that are run by altruistic citizens for the betterment of the community:

American Assoc. of University women, Arts and Science center, Cape Kumakahi Foundation, Dragon's Eye Learning center, DRM Memorial Foundation, Earth consciousness Institute, Friends of Puna's Future, Friends of the Library, Friends of the Red Road, Hawaii Island theatre, HSPCA, Hooulu-Lahui, Kalapana Community Assc, MAC Foundation, Mainstreet Pahoa, Maku'u Farmers assc, Malama O Puna, Montessori Country School, Neighborhood Place of Puna, Pacific Cultural Conservancy, Puna Community Medical Center, Puna Friends of the Parks, Puna Canoe Club, etc.

These groups are run by focused, dedicated people that are interested in serving the residents of Puna. They all, as far as I know, welcome positive input from ALL members of the community.

I can't really think of a community based group, run publicly, that is as effective. Maybe the county Council? (small joke).

Stoneface

[StillHope]

quote:

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Originally posted by mdd7000

Why doesn't SPACE start buying up all adjacent properties so that they have a respectable buffer zone? These additional properties would also also allow for additional parking.
Of course, any properties with a home already built would present a more difficult situation, but maybe some swapping could occur.

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Finally,some constructive proposal !

And if as Ericm ,a SPACE volunteer,said about the events
that" most are not sponsored or produced by SPACE but by outside
groups hiring the space for there own fund raising or other purposes."


May be those fund raising events will be used to build a buffer zone?

[Kapohocat]

What is the TMK for the parcel SPACE uses?

We can just look up on line what the special use permit says.