HomeMy WebLinkAbout2012-57.7 Finn-Overley-Dubois Testimony re SPP 1122 14May13Communication No. 2012 -57.7
Hawaii County Planning Department
101 Pauahi St, Ste 3
Hilo, HI 96720
Planning Dept.:
Please consider the following comments and suggestions regarding the Hawaii
Volcano Circus, Ltd. Special Permit 1122 Amended Permit Application. I am a Very
close neighbor of the land owned by HVC and in particular the pavilion and the
parking lot. I only very recently paid (through your office) for a copy of the
proposed amendment to SP 11220
As a neighbor I am very concerned about the impacts to myself and all the other
neighbors of Kalapana Seaview Estates that would be experienced should the permit
be granted as requested. The permit application calls for 18 events per month not
including rehearsals and "other occasional events ". These monthly events include
(based on a 4 -week month) 1 performance, 4 nightly bazaars, 4 Saturday markets, l
fundraiser, and 8 evening meals. These events in and of themselves are great and I
understand why so many support them; however, it is different when your home is
in audible range of these (proposed) continual activities. Many people here in
Seaview purchased our homes in this rural and out of the way place to enjoy quiet,
the natural environment, the night sky, and a peaceful lifestyle. The past year has
been relatively peaceful with the exception of the Saturday market. others and
myself utilize and appreciate the farmer's market and the noise and traffic it
generates is worth it.
However, to expect us to be subjected to >18 events each month is unreasonable in
my opinion and will certainly change the character of the neighborhood as things (at
HVC) currently exist. The pavilion is wide open and amplified sound emanating from
it travels far and wide. The driveways (which are right across the street from my
home) in Seaview are graveled and very noisy every single Vehicle entering and
exiting is heard at my house. These two factors should be required to be altered and
thus noise impacts mitigated before this permit amendment is even considered for
approval.
I was surprised to read some of the language in the permit application (no page
numbers so I cannot give it for reference) including a description of "tests" and an
"ongoing dialogue with our neighbors" and "numerous and extensive consultations..
with neighbors" as this N R happened with myself. There was one meeting with
their lawyers regarding the proposed lease of State land and that is all the
communication HVC has ever had with me. This is disappointing and makes us
(neighbors) wonder if there is any real intention on their part to "work with us ". I
was also surprised to hear of their "advisory committee" and neighbor liaison as I
have never heard of this or had any contact with this group /person.
There are differing proposed decibel levels associated with their proposed activities,
however, these numbers (45 -6o dBA) mean nothing to me. How about some testing
of that? How does 45 and 60 dBA sound at our houses? And if the permit is granted
with these stipulations, there is no description of how this would be monitored and
maintained. It is also worth noting that rehearsals are often amplified as well as
performances. It is interesting to note the word "amplified' is not mentioned in the
permit application.
I think the school and the farmer's market are an asset to our community and
support them despite the noise they generate. Frankly, I get no other "community
benefit" from SPACE or HVC. Unlike Kalani Honua, which offers many activities,
including classes and lectures for free or low cost to residents, HVC offers very little
for me to participate in and benefit from. This is their prerogative, however, it
should be noted as throughout their application is mention of their alleged
community benefits. I believe there are benefits to the school kids and their parents;
and to those who attend the farmer's market but I am unclear as to specifically what
benefits to the overall community they will provide. The proposed nightly bazaar is
not needed as there is a Wednesday night market at Uncle Robert's awa bar in
Kalapana which is well utilized and already in existence.
I was also confused by the permit application Section 3.1) surrounding land use
section which does not even describe Seaview or the fact that the subject property,
especially the pavilion building, is hundreds of feet, or less, from many residences.
In fact many Seaview homes are from 3 to 4 times closer to the Pavilion than is
Graham Ellis' home on the far end of their 10-acre parcel! Section 3.1) makes it
appear SPACE is located in the middle of empty lava fields!
Section 3J and 3.K describing access to the site and traffic impacts fails to mention
that their proposed 300 -400 cars per week go by many residences and this is an
impact in itself. As previously mentioned, the gravel parking lot and driveway
generates noise, which does impact the immediate neighborhood already. The
Section (3.K.1) describing how SPACE would increase traffic proportionally fails to
note that this is for the overall subdivision not for the route to SPACE which is
disproportionally utilized (not equally). This contributes to cumulative impacts on
certain roads and residences.
Lastly, Section 4.13 describes a neighborhood group (again which I've never heard
about) which has developed a "soundproofing plan ". However, without requiring
actual soundproofing modifications to the Pavilion prior to permit issuance there is
no guarantee any soundproofing, nonetheless adequate soundproofing, would ever
be implemented.
We strongly suggest that before permit issuance is given serious consideration,
sound mitigation is required to be implemented apriori in order to minimize undue
impacts to Seaview residents. This would include treating the parking lots and
driveways (paving, putting down permeable pavement as a more ecologically sound
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alternative) so they are not generating noise; and soundproofing the Pavilion
including testing for soundproofing success. It seems reasonable to me to permit the
school, the Saturday market, the keiki workshops, and perhaps 4 performances a
year. This seems a fair compromise between HVC and Seaview residents.
We sincerely hope you take these concerns and suggestions into consideration
without my filing a $200 contested case procedure. We cannot afford to spend $200
to request that the Planning Department require guaranteed mitigation or
otherwise give full consideration to the many residents living adjacent to SPACE.
Thank you for your consideration,
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