2020-10-15 Leeward Exh D (SPP 20-000219)

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Again, I just wanted to reiterate that the applicant has made great efforts towards trying to resolve these matters. And it's been frustrating to say the least, but now with this new process in place, there at least is a time frame that is given to respond, and if that time frame is not met, then we can move on. So that's where we are at at this time. Thank you. CARR SMITH: Thanks, Jeff. Mike, did you want to respond? VITOUSEK: Yeah, I just, I think that I'm completely comfortable with that, with if we can submit the necessary information to SHPD and they don't respond, we move on, because we've adequately considered the effects of the project on the historic site. So I don't think we need to have language in there requiring SHPD's approval of it,just that it has been submitted for review. DARROW: Thank you. CARR SMITH: Okay. Mr. Newberg. NEWBERG: Thank you, Madam Chair. I just wanted to address the alleged complaints regarding noise. It seems to be some specific complaints regarding 100 to 110 decibels. Do we have anything, you know, I mean, that can back that up or substantiate it? That's an incredible amount of noise. I don't know if that came from on the same side of the highway, what have you, but to address those concerns that were alleged, has there been any public record or announcement of any sort of noise violations that,you know, beyond normal hours in the neighborhood? ROY: Commissioner, staff who are here, we did not receive any complaints, any direct complaints, or any complaints for indications that the police or any other complaints have been provided. Nothing to know noise measurements. We received some grainy video that seemed to appear to have some noise, but it was hard to make out what it was, and definitely we were unable to, you know, measure decibels. But, no, we didn't, we weren't provided any from anyone from the community any kind of indication of anything specific. CARR SMITH: Thank you. Christie, did you want to respond? CASH: I just wanted to say that we don't, we don't allow that level, we just don't. We don't allow that, those levels. Our DJs are given decibel readers. We go to property lines to make sure—we want to respect our neighbors. CARR SMITH: Thank you. Jeff. DARROW: Thank you, Madam Chair. This is an issue that comes up every so often with the Planning Commission. And sometimes there is a request to place even decibel limits on permit conditions, and that's something that the Planning Department cannot enforce. This is an area that the Department of Health takes care of. Unfortunately, they do not have staff on this island that actively go out and that enforce these types of complaints. They have to fly in from Honolulu, so by the time they get here, obviously, the complaint that's being made, it's probably 27 EXHIBIT D