2010-07-23 TDOUTER - Laserfiche WebLink

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LUM: From the residence, not commercial inconvenience of chippers and chainsaws. BEAUDET: Okay. Thank you. LASSITER: I would like to second the testimony of the two gentlemen to my right. I live on this lot right here. The proposed entertainment area would take place around this house right here. I cannot express adequately, as was said, the amplification of any noise in an agricultural area. I can hear my neighbor’s toilet flush. I can hear conversations they have in a normal tone when they are out beyond their structures across five acres. It is a phenomenon I want to research with some scientific department at the UH – unbelievable. I, too, have heard the emanation of certain ethnic music played repeatedly over hours coming from this area. The gentlemen to my right are living in up in that area. I have just experienced a most traumatic effect with an individual adjacent to my property who was allowed to play music from 7:00 p.m. to 10:00 p.m. at night at decibels over 100 and 110. Again, maybe they were 50 to 60 under his porch. This is an agricultural subdivision. People are up early, they are in bed early. It is most inappropriate to bring a recreational, commercial activity noise into this arena. And I for the record want to state that I think the noise enforcement on the Big Island is pathetic. Noise pollution is intensely disruptive to one’s state of mind. Noise during the week is absolutely inappropriate, and to play any commercial loud noise as if one were on LuLu’s dance floor in an agricultural community passed nine o’clock, I think, is most inappropriate. Thank you. HOUSEL: Thank you. Commissioner Bowman. BOWMAN: I have a question. Just in your testimony, you mentioned that you had to listen to someone who was allowed – I’m sorry, I didn’t get it – allowed to play the music? LASSITER: First of all, I don’t see any concern for the issue of noise pollution. Decibel levels at property lines is not to my knowledge highly defined, meaning that, what are you going to enforce? And as Calvin said, I called the police three times on this neighbor, and their attitude – and I called them at 9:45 on a Tuesday, a Wednesday and a Thursday night, the decibel levels were well over 70, 70 to 110 – the police’s attitude was, I believe they needed to come, and that it was, oh, just music, and maybe one day they will be famous. And noting, it just, there was no, and the police, as Calvin said, he looked at me on the third time and he said, “You know, there are rapes going down in Kona.” And I apologized, but I was advised by the president of the association who is an attorney, to call the police. Well, the police would rather not have been there. So for us to have recourse against something that is very disruptive in a neighborhood that is probably inappropriate, we are left, honestly, without much defense at this point in time. HOUSEL: I had one question for you. In your testimony, you described several events, which the noise was unacceptable. Now, are you talking about specifically this property or other properties? LASSITER: Sir, yes, I remember about a year and a half ago coming from the area the two gentlemen have described, music late at night, and I assumed because I know the area – I’ve lived there for 18 years on that property – that that was coming from a structure on this said 9 EXHIBIT B