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~.
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v.
)
)
)
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
v.
)
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
D
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
J.
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
8,
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
11
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
2
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
of
a nuisance violation.
Designation
Measurement
Date
31.5
63
125
250
500
1K
2K
4K
8K
dB(A)
Time (sec.)
2002
Hz.
Hz,
Hz.
Hz,
liz.
Hz.
Hz.
Hz.
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
of
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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