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traveling north and south on Queen K. into and out of the uncontrolled – because there are no <br />stop lights there – intersection at Queen K. and Hualālai Road, the requested hours of operation <br />of 7:00 a.m. to 5:00 p.m. would find trucks leaving the proposed site at the peak morning rush <br />hour and returning up to the site at the peak of the evening rush-hour traffic, returning to the site <br />in the southbound direction would find no less than four-axle vehicles possibly queuing up in the <br />southbound left-hand turn lane during the rush-hour traffic. A protected left-hand turn lane that <br />is nowhere near adequate for the number of vehicles that could be traveling in there, and you can <br />imagine what that would do to the flow of the traffic going south. Applicant was ordered to <br />cease operations on the subject parcel based on an investigation by the Planning Department, and <br />such operations were to be halted until the applicant was able to receive a special use permit for <br />the non-compliant use of the subject property. <br /> <br />I’m here today representing the 1,184 residents of Pualani Estates at Kona who feel now is not <br />the time to approve a special use permit for the subject property. To the contrary, the applicant <br />has in fact continued to use the subject property despite the County’s injunction. As planning, as <br />recently as last week, loaded trucks were seen coming and going from the subject property to <br />work sites. I think you have pictures of those trucks; they were given to you. This egregious <br />disregard for the order by the County should not and cannot be rewarded by an approval for the <br />special use permit at this time. <br /> <br />One last comment: Given the continuance, and it was more than custom in our City of Santa <br />Cruz with a project of this type, we encouraged applicants at our meetings to go out and talk to <br />the affected neighborhoods. Now, I know we are beyond, we’re beyond the noticed area, but as <br />others have testified, the noise, the pollution, the trucks, the traffic should extend far beyond the <br />immediate notice area. None of us received any notice. None of us have had any conversations <br />with Bolton, Inc. I as the president of Pualani Estates have heard nothing. And I would <br />recommend to the Planning Commission that this continuance provide also for Bolton the <br />opportunity to reach out to the community, and would ask the Planning Commission to strongly <br />recommend this to the applicant that they set up a series of meetings with our community and <br />explain to us just what they are proposing to do, how they plan to mitigate those things that we <br />are all feeling and seeing, and clear things up with us. But there has been absolutely no <br />communication with this applicant, as I really strongly feel there should be. <br /> <br />UNGER: Thank you. <br /> <br />HEIMGARTNER: Good morning again. My name is Hermann Heimgartner. I’m here as an <br />individual. I own a house in Pualani Estates. I live on the north side of the subdivision <br />bordering the Agricultural land. And I live with my wife and we have two kids, six and four. <br />And I oppose the project. What I’m concerned about mostly is the noise, and there is the dust, <br />there is the traffic impact. But the noise, as I’ve heard it before, there is the backhoes and other <br />dump trucks, if some things go backwards, and they beep, beep. And if this application is <br />allowed, I can only imagine it will get worse; there is going to be excavating, power driving, the <br />rocks are going to have to be pushed around and jackhammered out. And most days my kids go <br />to school and I go to my office, but there are lots of days where my kids are sick, I have a home <br />office, they are on vacation, I’m at home. And I’m worried that when I’m at home during the <br />week, they are going to be basically exposed to a constant noise. We don’t want that, we don’t <br />13 <br />EXHIBIT D <br /> <br />