HomeMy WebLinkAboutCOM 0526.025 2010-2012 August 15, 2012
Aloha County Council Members
2G17. `' ! 5 8: 53
Before voting in support of Bill 168 please answer the following questions.
The Applicants are proposing a diesel engine major repair establishment adjacent to two
residential properties with a school and residential properties across the road. The background
report from the Department of Health requires that existing or planned land use activities
adjacent to the residential area should be compatible with a residential neighborhood.
According to Hawaii Administrative Rules Chapter 11-46 Community Noise Control, that is 55
decibels at the property line of the business.As diesel engines idle between 70 and 90 decibels,
as lathes and grinding machines used to remove and repair exhaust systems and brakes run at
110 decibels and impact wrenches generate 110 decibels how will this be possible?Would
you welcome these noise levels next to your home in your neighborhood?
As I can hear the teachers in their classrooms instructing their students when I walk along HWY
11 fronting the proposed rezone site, are you convinced the students will not be disturbed from
the noise generated by this business or other allowable CV uses such as auto body work? Is this
not the main reason auto repair shops and certainly major repair establishments are not allowed
as home occupancy businesses in residential areas?
At the Planning Commission hearing Nov 3, 2011 Ms. Leithead-Todd instructs the Applicants to
contact the owners of Nichols Road to arrange a road maintenance agreement with them.The
Applicants believe they have relieved themselves of the responsibility of maintaining Nichols
Road for their commercial use by taking over ownership of the road. The Applicants have
testified that the property owners of Nichols Road are responsible for its maintenance. The
Applicants have formed an LLC to protect themselves from any liability resulting from their
commercial use of Nichols Road. With the Applicants protected by their LLC the property
owners of Nichols Road will shoulder the liability for accidents on the road resulting from its
commercial use and the additional costs of maintaining a road used commercially. How will
the property owners of Nichols Road be protected? Mr. Souza testified at the same
Planning Commission hearing that he can't afford to rent, the business insurance...etc.
Please consider that every property owner and renter in the Nichols Road neighborhood,
whether they realize it now or not, will be paying for this business in terms of risks to pedestrian
safety, disturbing noise pollution,loss of privacy and enjoyment of their property, increased
liability risks and road maintenance costs, costs which most landlords will pass on to their
tenants. Please consider the safety hazard a business located on a blind curve in an already
congested area will pose to traffic on HWY 11. Please answer this question. How does this
proposed rezone comply with the law of the County General Plan which allows for
changes in zoning laws only when public necessity, convenience and the general
welfare requires it.
Thank you,
Susan Langer and Family
Nichols Road, Mt.View
Comm. No. 5 __ 2-
Ref. To: [ iT.
Ref. Date AUG 1 5 7017