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August 15, 2012 <br /> Aloha County Council Members <br /> 2G17. `' ! 5 8: 53 <br /> Before voting in support of Bill 168 please answer the following questions. <br /> The Applicants are proposing a diesel engine major repair establishment adjacent to two <br /> residential properties with a school and residential properties across the road. The background <br /> report from the Department of Health requires that existing or planned land use activities <br /> adjacent to the residential area should be compatible with a residential neighborhood. <br /> According to Hawaii Administrative Rules Chapter 11-46 Community Noise Control, that is 55 <br /> decibels at the property line of the business.As diesel engines idle between 70 and 90 decibels, <br /> as lathes and grinding machines used to remove and repair exhaust systems and brakes run at <br /> 110 decibels and impact wrenches generate 110 decibels how will this be possible?Would <br /> you welcome these noise levels next to your home in your neighborhood? <br /> As I can hear the teachers in their classrooms instructing their students when I walk along HWY <br /> 11 fronting the proposed rezone site, are you convinced the students will not be disturbed from <br /> the noise generated by this business or other allowable CV uses such as auto body work? Is this <br /> not the main reason auto repair shops and certainly major repair establishments are not allowed <br /> as home occupancy businesses in residential areas? <br /> At the Planning Commission hearing Nov 3, 2011 Ms. Leithead-Todd instructs the Applicants to <br /> contact the owners of Nichols Road to arrange a road maintenance agreement with them.The <br /> Applicants believe they have relieved themselves of the responsibility of maintaining Nichols <br /> Road for their commercial use by taking over ownership of the road. The Applicants have <br /> testified that the property owners of Nichols Road are responsible for its maintenance. The <br /> Applicants have formed an LLC to protect themselves from any liability resulting from their <br /> commercial use of Nichols Road. With the Applicants protected by their LLC the property <br /> owners of Nichols Road will shoulder the liability for accidents on the road resulting from its <br /> commercial use and the additional costs of maintaining a road used commercially. How will <br /> the property owners of Nichols Road be protected? Mr. Souza testified at the same <br /> Planning Commission hearing that he can't afford to rent, the business insurance...etc. <br /> Please consider that every property owner and renter in the Nichols Road neighborhood, <br /> whether they realize it now or not, will be paying for this business in terms of risks to pedestrian <br /> safety, disturbing noise pollution,loss of privacy and enjoyment of their property, increased <br /> liability risks and road maintenance costs, costs which most landlords will pass on to their <br /> tenants. Please consider the safety hazard a business located on a blind curve in an already <br /> congested area will pose to traffic on HWY 11. Please answer this question. How does this <br /> proposed rezone comply with the law of the County General Plan which allows for <br /> changes in zoning laws only when public necessity, convenience and the general <br /> welfare requires it. <br /> Thank you, <br /> Susan Langer and Family <br /> Nichols Road, Mt.View <br /> Comm. No. 5 __ 2- <br /> Ref. To: [ iT. <br /> Ref. Date AUG 1 5 7017 <br />