I’:

BARBARA STUART

)

RONALD STUART

)

Complainants

)

Respondents

)

PCB 02-164

Citizens Enforcement/noise

September 10, 2003

PRODUCTION OF DISCOVERY

David G. Harding

100 N. La Salle

St.

Suite

1107

Chicago, Illinois 60602

(sent via/certified

mail)

Bradley Halloran

100 W. Randolph

Suite 11-500

Chicago,Illinois

60601

Dorothy Gunn

Clerk ofthe IPCB

Suite 11-500

100 W.

Randolph

Chicago, Illinois 60601

Bobby Petrungaffo

Will County States Atttorney Office

14 W. Jefferson

Joliet,

Illinois 60432

Gregory Zak

Noise Sollutions

36 Birch Dr.

Chatham, Illinois 62629

BEFORE

THE

ILLINOIS POLLUTION CONTROL BOARE~vn~.

\..~)/i~)j

!5o~:ji:J

)

FRANKLiN FISHER

PHYLLIS

FISHER

The attached report and map from Greg Zak, of“Noise Sollutions”

as requested by David

Harding, attorney for the above respondents is being sent to the person/s listed below.

The attached map indicates homes/farms beginning at Route one going eastward

approximately one mile on Corning Rd.

As previously discussed a more precise map with

residential and agricultural locations will be provided at the hearing.

Mr. Zak’s report is

regarded as Exhibit D.

4~r

Barbara

Stuart

213

E. Coming Rd.

Beecher, Illinois 60401

Copies

sent to:

All documents prepared on recycled paper

BEFORE

THE ILLINOIS POLLUTION CONTROL BOARD

BARBARA STUART

RONALD STUART

FRANKLIN FISHER

PHYLLIS FISHER

Complainants

)

Respondents

)

September

10, 2003

CERTIFICATE OF

SERVICE

Barbara Stuart, being first duly sworn on oath, says she is the complainant in the above

entitled Illinois Pollution Control Board case PCB 02-164 regarding Citizen Enforcement

for noise.

She states she has read the report prepared by Gregory Zak of“Noise

Sollutions”, which is hereby attached.

She states she knows the contents thereof;

and

that the same is true to her own knowledge and belief

Barbara Stuart

213

E. Coming Rd.

Beecher, Illinois 60401

seal:

Copies sent to:

David G. Harding

100 N. La Salle St.

Suite 1107

Chicago, Illinois 60602

(sent vialcertified mail)

BradleyHalloran

100 W. Randolph

Suite 11-500

Chicago,Illinois

60601

Dorothy Gunn

Clerk ofthe IPCB

Suite 11-500

100

W. Randolph

Chicago, Illinois 60601

•

Bobby Petrungarro

Will County States Atttorney Office

14 W.

Jefferson

Joliet, Illinois 60432

)

‘~

PoI!u~ior~

Co;i~r~’i

oc~id

PCB 02-164

)

Citizens Enforcement/noise

Subscribed and Sworn to before me this____

Day ofSeptember, 2003

C~/~L

Notary Public

“OFFICIAL

SEAL”

LAURIE

SCHOENBECK

COMMISSION

EXPIRES

07,

All documents prepared on recycled paper

PROOF

OF SERVICE

I, the undersigned, on oath (or affirmation) state that I have served

on the date of

September

10, 2003,

the attached production ofdiscovery, Exhibit D, b~t&

1)O07C!

the Beecher post office, Beecher,

Illinois 60401

having proper postage, upon the

following persons: Note: David Harding’s copies ofthe above documents were sent

certified mail.

L4-

Barbara Stuart

date

David Harding

Attorney for:

Franidin Fisher and Phyliss Fisher

100 N. LaSalle St.

Chicago, Illinois 60602

Bradley P. Halloran

Hearing officer

Illinois Pollution Control Bd.

James R. Thompson Ctr.

100 W.

Randolph St.

Chicago, Illinois

60601

Dorothy Gunn

Clerk ofIPCB

Suite 11-500

100 W. Randolph

Thomspson Ctr

Chicago, Illinois

60601

Will County States Attorney Office

Bobby Petrungarro

Assistant

State’s Attorney

14 W.

Jeffereson,

Joliet, Illinois 60432

GregoryZak

Noise Solutions

26 Birch

Chatham, Illinois

PCB ?~

02-164

Citizens Enforcement

Noise

All documents prepared on recycled paper

• NOISE

SOLUTIONS BY GREG

ZAK

36 BIRcH

DRivE

CHATHAM,

ILLINOIS

62629

(217)

483-3507

•

(217) 483-5667-FAX

E—mail:

~ie~zak~i1ustice.corn

September

2003

Mr. and Mrs. Ronald Stuart

213 East ComingRoad

Beecher, IL 60401

RE:

Ambient Noise Report and Visit

to the Residence ofBarbara and Ronald Stuart

Dear Mr. and Mrs.

Stuart:

Below you will find a narrative in report form that summarizes ourassessment ofthepotential noise impact

alleged in your complaint to the illinois Pollution Control Board (PCB 02-164).

Greg and Pat Zak ofNoise Solutions by Greg Zak arrivedin Beecher on August 2, 2002 at approximately

10:45 AM.

We turned offofRoute

1, passed theFrank Fisher property on the south side ofComing Road

and proceeded east.

We passed the Stuart property that was located approximately 0.3 miles east ofthe

Fisher property according to theodometer in our car.

We continued traveling east for some distance until

coming to a church on the north side ofthe road.

At that point, we turned around and drove back to the

Stuart residence.

The purpose ofour driving up and down Coming Road wasto verif~y

the accuracy ofa

hand-drawn map ofthe area supplied to us by Mrs. Stuart (see Attachment A).

The map, while not to scale,

presented a reasonablyaccurate descriptionoftheareadepicting thelocation ofseveralhomes and lot sizes

on ComingRoad.

Our impressionofthe area wasthat ofa rural setting which wasprobably unincorporated

and having fewnearneighbors.

Based on our experienceofmeasuring noise in these types ofrural settings,

the area appeared to fall into the category ofextremely quiet, probably some ofthe quietest land in Illinois.

The average lot size in the areawas approximately 10 acres, with a fewbeing as small as 3

acres and some

considerably larger than 10 acres.

The distancesbetweenhomes averaged over 600 feetapart and in some

cases,

much greater than this.

After

driving around the area, we visited with both ofyou and your son,

Michael, at your home from

AM to 1:30 PM to

discuss the specifics ofyour noise problem.

The noise

was the result ofpropane cannons being used by Mr. Frank Fisher, who resides at 13 West ComingRoad,

Beecher, II 60401.

You gave us a walking tour ofthe area to obtain an understanding ofhow you and your neighbors were

being impacted by thenoise from the propane cannons.

You pointed out the locationwhere you had taken

many ofyournoise measurements.

We determinedthat this was a good siteto avoid refiectiveobjects. We

set up our noise measurement instrumentation atthat location in order to measurethe daytime ambient. We

took measurements, using a precision analyzer, set up on a tripod and microphone.

After calibrating the

Mr. & Mrs. Ronald Stuart, September 8, 2003

took measurements, using a precision analyzer, set up on a tripodand microphone.

Alter calibratingthe

analyzer, measurements were taken and are documented in Table

1 below,

It was awindy day, with some

wind gusts approaching 20 miles perhour.

We realized that our measurements would reflect wind noise,

but decided some measurements would be better than no measurementsnt-alL

Wemeasured a dB(A) level

of43.5.

The only soundwe could hear was the wind.

It is our opinion that hadthe wind been less than 12

mph, thelevel wemeasured would have beenat least 10 dB(A) lower (see Table 1). Weobservedthat while

we were there, the traffic from Coming Road was extremelylight to almost non-existent.

During our visit, you indicated how the noise fromthe cannonsaffected you and your lhmily’s day-to-day

activities.

You told

us that

the

noise

has

impacted your

son,

Michael’s

hearing,

as his

doctor

has

documentedthat he has a hearingloss andis sensitiveto loud noises.

Michael is unable to enjoythe nonnal

outside activities ofa boy his age, when the cannons are in use by Mr. Fisher. Youalso

saidthat your dogs

have beenafraid of the sounds and stay indoors and that one of them died due to becoming stressed from

the cannon soundsby tryingto furceherselfthrough a locked gate o

youi~propctty.You further explained

that wildlife inyour areawas being affected bythe cannons, in particular, the geese that used to frequentthe

area are rarely seen.

You

described the cannon noise as a constant interference inyour daily lives, when

attempting to

spend time in and around your

home.

in our

opinion,

your

descriptions ofthe

loss of

enjoyment and use ofyour own property, due to the noise fromthe propanecannons

when

inuseby Frank

Fisher, are good evidence

a nuisance violation.

Designation

Measurement

Date

31.5

125

250

500

dB(A)

Time (sec.)

2002

Hz.

Hz,

Hz.

Hz,

liz.

Hz.

Ambient

600

8-2

58.0

50.8

44.7

37.2

34.8

35.3

36.2

37.8

35.3

43.5J

Table I.

Ambient Noise Levels on Stuart Property (Daytime)

We have taken measurements of a propane cannon that were used

in a circuit court in Brown

County,

Illinois to obtain a permanent injunction to stop their use.

In our opinion, apropane cannon is louder than

the report

a 12-gauge shotgun.

We have taken thousands ofmeasurements ofgunfirefrom shotguns:at:

various distances.

The noise impact you describe is consistent with our experiencewiththat typeofnoise in

the

very

quiet area in which you live and your close proximity to the cannons.

it is concluded, inour opinionand experience, witha reasonable degree ofscientific certaintythat the noise

emissions from the

propane cannons,

when used by

Mr. Frank

Fisher, exceed the

allowable

limits of

Sections 900.102 ofTitle

35,

Sub-Title H, Chapter 1 ofthe Illinois Administrative Code.

Ifyou haveany further questions, please do not hesitate to call.

Sincerely,

2 ~

Greg Zak, INCE

Attachment

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