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HomeMy WebLinkAbout2024-10-28 David Cowles and Joanna Etka TestimonyWindward Planning Commission Hawaii County Planning Department 101 Pauahi Street, STE 3 Hilo. HI 96720 WRITTEN TESTIMONY Re: Renegade Towers, LLC Use Permit Application PL -USE -2024-000028 TMK (3) 1-2-007-034 Aloha: CCH P A N NG DEPT OCT 21 2024 A40:2 RECO HA°~ C D ELIVERE We are the owners and residents of 12-4433 Ho'onone Road, Lot l3 and 1/6 owners of the roadway Lot G both of which appear on Renegade's Overall Site Plan A01 (Page 40 of application), and lying south of the subject parcel. Except for Lot A of our subdivision all developed lots are off grid. We chose this parcel of land for it's beauty, privacy and solitude. We power our home with solar energy and utilize satellite service for both cell and internet. This was a conscious choice and we are very happy to not have poles and service lines running along our road and through the Ohi'a forest. We see only forest and ocean views. The lots in our subdivision provide complete visual privacy. Needless to say we are not happy with the Applicant's proposal. Following Renegade's failure to build a tower of similar size on the West side of Route 130 it's agent contacted a number of owners in our subdivision asking if we would be willing to have their cell tower on our property. We all resoundingly declined. Renegade was well aware of our opposition. Despite this they bought the subject parcel and are now seeking to build their tower in our backyard. The Applicant lists a number of altruistic justifications for their permit. One primary reason for choosing the tower location is to service the residents of Kalapana Seaview Estates (Pages 9, 14 & 32). However Seaview Estates is serviced with both electrical power and land line telephone. The later provides internet and the internet provides cell service. Why not simply place a smaller tower at the top of Seaview to accomplish this goal. Applicant's foremost reason is financial gain, business over aesthetics with very little regard for how is effects the beauty, solitude and peaceful enjoyment of our rural neighborhood. Applicant fully understands that the current permitting process is heavily weighted in its favor and has used this to steamroll similar towers in Hawaii Ocean View and Kaumana. Applicant has the right to Appeal an unfavorable Commission ruling. Surrounding landowners do not. Tower applicants need only give notice to effected parties 30 days prior to the Commission hearing. Because State law requires a decision by the the Commission within 60 days of Applicant's submission those landowners receiving notice are afforded very little time to research and prepare testimony. We are well aware that the tower is most likely a foregone conclusion. Therefore, we ask the Commission to consider conditions to the permit in light of standards and goals set out by the Puna Community Development Plan and require such changes and conditions that mitigate negative aspects of Renegade's Plan. "11.3.3 Standard (a) In development and placement of ... cellular towers ..., the design of the facilities shall consider the existing environment, scenic view and vistas shall be considered and preserved where possible." Visual Renegade proposes a 150' monopole tower. It claims that the site is densely forested with a canopy of tall trees which will hide all but the top of the tower(Page 13). Neither is true. Ohi'a trees grow very slowly and under the best conditions achieve maximum heights of 66 to 82 feet, (Hawaii Dept. of Natural Resources). Therefore, given the best circumstances and conditions and assuming a healthy canopy of Ohi'a, anywhere from 68' to 84' of the tower would be visible above a forested tree line. Applicant's own photos simulating the tower in relation to the area and its photos of the subject parcel do not support its assertion that its 150' tower will have little visual impact. (Pages 25-30) Neither the tower site nor the area between the site and Route 130 have a heavy or tall canopy. (Pages 66-76,90-93) The applicants photos show really no canopy whatsoever in the site area and there is but a single 40' Ohi'a nearby. In addition the area between the proposed site and Ho'onone Road is mostly open having no canopy. Applicant's drone and tower simulations show at best that the top third of the tower will be visible and at worst the top two thirds or more. Two additional factors will exacerbate the visual impact of the tower in the future. First is Rapid Ohi'a Death which will thin and destroy any canopy in the area. Second is Applicant's plan is to attract additional cell carriers. Currently the plan shows Verizon as the anchor and T mobile as a secondary carrier. The plan has space for two more carriers and Renegade admits that it is trying to bring AT&T onboard. When this occurs the top third to two thirds of the pole will stand out even more due to the added equipment. We ask that the Commission require that the tower be lowered to a height that minimizes the visual impact on the area. As an alternative we ask that Renegade build a monopine tower as opposed to a monopole. In their plan they claim that a monopine design is very heavy an financially unfeasible due to the structural/wind and foundation costs. However this argument does not hold much weight. Renegade's previously withdrawn proposal for a tower further down and on the west side of Route 130 was for a 155' monopine. (See Page 36, November 15, 2023 letter to Planning Dept. from Danette Martin.) Additionally a buffer zone of trees and shrubs should be planted along an open area of the subject parcel that adjoins Ho'onone Road. Noise, Air Quality and Fire Prevention Applicant's current plan has two carriers, Verizon and T -mobile, each having a control cabinet with air conditioner units which in our climate would run almost continuously to cool the electronics. In addition Verizon will have a 30kw diesel generator and T Mobile a 48kw diesel generator for backup electrical power. The recommended U.S. noise levels are 55 dBA daytime and 50 dBA nighttime. Diesel generators of these sizes typically have noise levels of 75-85 dBA when equipped with exhaust suppression, 120-130 dBA levels without suppression. According to Danette Martin, Renegade's agent, the generators will automatically test run once a month for 15 minutes. However tower generators often test run for an hour once a week. Obviously when there is a power outage the generators will run continuously until power is restored to the area. According to Applicant's long term pians eventually there is the possibility of four carriers each with AC units and generators. That is a total of four AC units running almost constantly and four diesel generators running at unpredictable times and durations. This is an unmanned facility with a proposed maintenance schedule of once a month. According to Danette Martin it will have 24 hour offsite monitoring. However we know from personal experience that especially during dry periods sparks can trigger smoldering fires that can be unseen and then erupt into blazes 24 hours later. Once the Pahoa Fire Dept. is actually notified it can take up to a half hour or more for the fire trucks to arrive during daylight hours. Once a fire spreads into the fern undergrowth beneath the Ohi'a forest it grows rapidly as the fern stems beneath the green leaves are kerosene based. (This information was provided by a member of the Pahoa Fire Department.) We ask that the commission require all generators to be equipped with state of art exhaust, spark and noise suppression, exhaust be pointed away from our subdivision and test runs be clearly regulated for minimum industry recommended times and duration and scheduled only during daytime hours. In addition we ask that a that a 6' high 8" thick cinder block or poured concrete wall enclose the 36'x 80' tower, generator and control cabinet area open only on the access road parking area side. This is to suppress noise, exhaust fumes and in case of equipment malfunction to contain any fire from spreading towards our subdivision. The Pahoa Fire Department should have quick and easy access to the site and to any locked gates. It should also be consulted on the design and construction of the access road to insure that its emergency equipment will have both room and maneuverability in case of fire. The offsite monitoring should have smoke alarm detection capability and rapid direct emergency contact with the fire department. We emphasize this in light of the fires in South Kohala and on Maui. Even though this is the "wet" side of the island we have personally experienced how quickly the forest can erupt into flames and be spread by the wind. Wildlife and Vegetation Impact Mitigation We ask that any permit be conditioned on Applicant following all recommendations to mitigate any negative impact on the Hawaiian Hawk, Hawaiian Hoary Bat, Hawaiian Petrel and Newell's Shearwaters and be supervised and monitored by an approved wildlife biologist. In addition all recommendations to prevent the spread of Rapid Ohi'a Death should be observed. (Pages 84-86) Addition Development of the Property The Applicant has stated that it has no future development plans for the subject parcel except for the possibly of agricultural use. Therefore, we ask that this to be a condition of the permit and that any future agricultural use not impact the visual and quiet enjoyment of Ho'onone Road land owners. Resp ully sub fitted, ,r1_,A...., David Cowles and Joanna 12-4433 Ho'onone Road Mailing address: 15-2660, STE 203-574, Pahoa, HI 96778 Drcowles47Cgmail.com, joannaetka@gmail.com 802-349-2789, 802-373-7913