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Is There Noisy Business Encroachment At Kawainui Marsh??

6/5/2022

0 Comments

 
​Comment:
Aloha! 

I grew up on Oahu and have lived on Kawainui Marsh for 18 years. About two years ago a new neighbor started coaching baseball out back on city and county land (a flood easement that only 5 homes have private access to). Prior this has always been very quiet and very private spot on the marsh/bird sanctuary and is the only reason I purchased a home in this spot. 

My neighbor is clearly running an illegal coaching business and we are subjected to almost daily bombardment of heavy batting, a pitching machine, balls slamming against the backstop, etc. There are a bunch of different groups of different ages. I have seen kids from maybe 6 to adults. Kids get dropped off and picked up by parents. The batting cage is something he built and it is massive. 

For two years we have been complaining and trying to work out a cut off time and some limits. He is usually polite and says all the right things but within a day or two he just goes back to doing what he wants. He told my husband that if we don't let him do whatever he wants then he will put 4 or 5 basketball hoops on the road and they will all play in the street until 10pm to punish us for turning him in. I believe he will. 

A few days ago I made my last attempt to make some kind of arrangement with him that we could all live with. Next day he was back to his usual. 

The situation just seems to be escalating as he adds more students and longer times. I have been suggesting that if he plays earlier in the day that it would be less of a problem So, just last week he started coaching at 11am. But instead of also stopping earlier - he just plays a double shift so to speak - until at least 6pm. 

He knows that what he is doing is illegal but he doesn't care. 
He thinks we will never turn him in because of the way he has tried to bully us. 

Can you please advise me on what I can do and how I can put an end to this misery. I am forced to close all my doors and windows to mitigate the noise and still I cannot sleep during the day if I need to or enjoy my yard or lanai during the day. 

Any help would be much appreciated. I very much support and appreciate what you are doing here with this website. I'm very happy to have found you!

Thanks

Quieter O'ahu Response:

Aloha,

It's difficult to know where to begin.  We're sorry to hear about your noise problem, but on the surface at least it appears you have numerous options for addressing this problem.  These are our views, however, and, not knowing your particular circumstance, we cannot recommend that you pursue any of them.  However, you may want to review and use your own best judgement and due diligence on deciding how to proceed.

You say that this activity is occurring on City and County Land.  You may want to contact the City and County of Honolulu Department of Planning and Permitting.  They have jurisdiction over zoning, and if someone is encroaching onto City and County property they would be the Government entity to take action.  Here is their website: 

http://www.honoluludpp.org/AboutDPP/ContactUs.aspx .  

At this website you will find numerous groups within the department, including, but not limited to, Residential Zoning.  Suggest reviewing the services they provide on their website and contacting for a review of whether the activity is actually occurring on City and County property.  Here are two of MANY groups within the department that might provide assistance:

RESIDENTIAL CODE ENFORCEMENT BRANCH Voice Message Line: (808) 768-8127 
  • Complaint investigations related to zoning and housing code for one and two family dwellings 
  • Sidewalk Maintenance 
  • Vacant lot overgrowth 

COMMERCIAL & MULTI-FAMILY CODE ENFORCEMENT BRANCH Phone Number: (808) 768-8152 
  • Complaint investigations related to zoning, building and housing codes for commercial and multi-family buildings 
  • Site Inspections for State Licensing and Public Reports 
  • Complaint Investigations on Commerical Signs

Next would be the Department of Land and Natural Resources (DLNR).  DLNR has jurisdiction over much of Kawainui Marsh, possibly including the flood zone easement.  If there is unauthorized business activity occurring in this area, they would have the authority to correct the problem.  We note that two of the most relevant DLNR Divisions are the Office of Conservation and Coastal Lands (OCCL) and the Land Division.  You can find the DLNR websites here:


Main Website:  https://dlnr.hawaii.gov
Office of Conservation and Coastal Lands:   https://dlnr.hawaii.gov/occl/
Land Division:  https://dlnr.hawaii.gov/ld/

Finally, we recommend you address this issue to your Kailua Neighborhood Board (Board 31).  Your Neighborhood Board (NB) is your "Community" level of City and County Government.  Each Board meets monthly and the public is invited to attend.  The NB is comprised of representatives from sub-districts across the neighborhood, and the representative for your sub-district should be made aware of any issue involving the possible unauthorized use of public land, of land-use that possibly encroaches into land having protected or conservation status.  You can find you Kailua Neighborhood Board information at the following website, then clicking on "31" - the Kailua NB.  If you are unsure of your sub-district, we have also provided a link to the Kailua sub-district boundary map to assist.

Kailua NB 31 - https://www.honolulu.gov/cms-nco-menu/site-nco-featured/191-site-nco-cat/682-test.html
Kailua NB 32 Sub-Districts:  https://www.honolulu.gov/rep/site/nco/maps/31_Kailua.jpg

Again, we cannot and do not recommend any specific course of action.  We cannot do that.  What we have provided is information that you may choose to use as a way forward to resolve or mitigate the problem you have identified based upon services that are available to you from the City and County.  

We hope that this helps.

Mahalo,
Quieter O'ahu

Follow-Up From Original Submitter:

Thanks so much for pointing me in the direction of possible solutions. 
I very much appreciate your time and your careful consideration of my noise 
Issues. 

Quiet is something I am very passionate about. I’ve already told a few 
people about your website and plan to share it with everyone I know! 

Aloha
​

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