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CLERK’S
OFFICE
JUL
2 82003
CONTROL BOARD
STATE OF ILLiNOIS
d
pollution Control Boar
David and Jacquelyn McDonough,
Complainants,
)
)
vs.
)
PCB No. 00-163
)
Gary Robke,
)
)
Respondent
)
MOTION TO MODIFY THE OPINION AND ORDER OF THE ILLINOIS
POLLUTION CONTROL
BOARD DATED FEBRUARY 6,2003
Comes now respondent, Gary Robke, by and through his attorney, Stephen
R.
Wigginton, ofWeilmuenster & Wigginton, P.C., and pursuant to the Opinion and Order
of the Board dated February 6, 2003, hereby informs the Board ofthe need to modify the
Order and in support thereofstates as follows:
1.
On February 6, 2003, the Illinois Pollution Control Board issued its
decision in case no. PCB 00-163 (Citizens Enforcement—Noise).
2.
Pursuant to
the Board’s Order it required respondent, Gary Robke, to
construct a noise wall between his property and the property ownedby the complainants,
David and
Jacquelyn McDonough.
The Board ordered that a 12-foot high wall consisting
of a 6-foot high berm topped by an airtight 6-foot high fence be constructed.
The Board
ordered that the wall be constructed in a contiguous L-shape and be 150
ft. in length
running east to west and 60 ft.
in length running north to south.
3.
On June
17, 2003, the City ofMascoutah, Illinois, advised respondent,
Gary Robke,
that it would not allow a berm and fence to be constructed in the area
directed by the Board.
The City ofMascoutah advised respondent Robke that a power
)
)
line runs directly underneath the berm on which Mr. Robke plannedto construct the noise
wall.
Further, the current design prepared in accordance with Board’s order actually
places a berm on top ofone ofthe electrical pedestals owned by the City ofMascoutah.
I
am enclosing a copy ofthe letter issued by the City ofMascoutah on June 16, 2003.
4.
At the hearing on this matter respondent Robke advised the Board that the
City ofMascoutah had various concerns regarding the construction ofa noise wall and
would not look favorably upon an
application for a variance ofa
12-foot fence.
The
Board anticipated that respondent Robke might run into problems with the City of
Mascoutah
and advised in the Order ~age
6) that if respondent Robke had difficulties
with the City ofMascoutah during the construction ofthe noise wall, he could attempt to
modify this Order as required.
5.
Due to
the position ofthe City of Mascoutah, respondent Robke is unable
to
comply with the Board’s Order of February 6, 2003, requiring a noise wall be
constructed within 180 days.
Further, respondent Robke is unable to comply with the
Board’s Order that a berm and noise wall be constructed in the location directed by the
Board.
6.
The City ofMascoutah has indicated a willingness to
meet to discuss a
possible resolution to this
matter and counsel for respondent Gary Robke has requested a
meeting with the City ofMascoutah and complainants, David and Jacquelyn
McDonough.
WHEREFORE, respondent, GaryRobke, respectfullyrequests
that the portion of
the Order requiring the construction ofa noise wall and berm be stayed pending
2
further discussions with the City ofMascoutah and complainants, David and Jacquelyn
McDonough and for such other relief the Board deemsjust under the circumstances.
Respectfully submitted,
WEILMUENSTER &
N
P.C.
BY:
—-
iL Wigginton
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ATTORNEY FOR RESPONDENT
3201
West Main Street
Belleville, IL 62226
(618) 257-2222
3
PROOF OF SERVICE
The undersigned ce~fies
that
on the
~
~day
of
~
/~
2003,
a copy of
the foregoing pleading was served upon
the following attorney(s)
recorland interested parties to
the above cause by the method indicatedbelow:
David and Jacquelyn McDonough
751
N. Jefferson
Mascoutah, IL 62258
DorothyM.
Gunn
illinois Pollution Control Board
James R. Thompson Center
100
W. Randolph Street, Ste.
11-500
Chicago, IL 60601
Steve Langhoff
Hearing Officer
illinois Pollution Control Board
600 South Second Street
Suite 402
Springfield, IL 62704
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