1. BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
      2. NOTICE OF FILING
      3. ANSWER:
      4. 4NSWER:
      5. ANSWER:
      6. VERIFICATION
STATE OF
ILLINOIS
COUNTY OF CO 0 K
)
)
ss
)
flECE~VED
CLFRK’S
OFFICE
DEC22
2003
STATE OF ILLINOIS
Pollution
Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MORRY GABEL, MYRA GABEL, DON
FOREMAN, MARSHA FOREMAN, KEITH
PINSONEAULT and TRACY PiNS ONEAULT,
Complainants,
)
)
)
)
)
)
No.
PCBO3-38
)
)
)
)
)
NOTICE
OF FILING
Bradley P. Halloran, Hearing Officer
Illinois Pollution Control Board
100
W. Randolph
—
Suite 11-500
Chicago, IL
60601
FAX:
312-814-3669
Bruce T. Logan
Ash, Anos, Freedman & Logan, L.L.C.
77 W.
Washington
—
Suite 1211
Chicago, IL
60602
FAX:
312-346-7847
PLEASE TAKE NOTICE that on
the 22nd day ofDecember, 2003, there was filed with
the
Illinois
Pollution
Control Board
the
attached
Complainant’s
Answers
to
Respondent’s
Request to Admit
Facts, a copy ofwhich is herewith served upon you.
Mitchell S. Feinberg
CIHTJHIAK
& TECSON, P.C.
Attorney for Complainants
30 S. Wacker Drive
—
Suite 2600
Chicago, IL
60606
312-444-9300
Firm ID No. 70693
CIJHAK
& TECSON, P.C.
B~:4~JL’~
itchell
S. Fei
e
,
ttorney for
Complainants
vs.
THE WEALSHIRE, iNC., an Illinois
Corporation,
Respondent.
428281.1.11852.22239
RECEIVED
CLERK’S OFFICE
AFFIDAVIT OF SERVICE
DEC
22
2003
STATE OF ILLINOIS
The undersigned, being first
duly sworn
on
oath, deposes and
says
thaløb~®rb~Board
served
the
above
and
foregoing Notice of Filing
and
Complainant’s
Answers
to
Respondent’s
Request to Admit Facts by sending a copy to:
Bradley P. Halloran, Hearing Officer
Bruce T. Logan
Itlinois Pollution Control Board
Ash, Anos,
Freedman &
Logan, L.L.C.
100 W. Randolph
—
Suite 11-500
77 W. Washington Street
—
Suite 211
Chicago, IL
60601
Chicago, IL
60602
FAX:
312-814-3669
FAX:
312-346-7847
by
depositing
same in
the
U.S.
Mail
Chute
at
30
5.
Wacker
Drive,
Chicago,
Illinois
60606,
before
5:00
p.m.
on December 22,
2003, with proper postage prepaid, and via facsimile to
the
numbers indicated above on December 22, 2003.
Mit&~Fei~~
SUBSCRIBED ~1J~S
WORN to before me
this
0V?1d
day of
~
,
200.3
NOTARY PUBLIC
~FI~TAL~1
3
Phoebe R. Bindiger
~
Notary public,
State
of Illinois
ommi~onEXP.03/25I2~J
-2-
428281 .1.11852.22239
KECE~VED
CLERK’S
OFFICE
STATE OF ILLiNOIS
)
DEC
2
2
2003
)
ss
COUNTY OF
CO 0
K
)
STATE OF ILLINOIS
Pollution
Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
MORRY GABEL, MYRA GABEL, DON
)
FOREMAN, MARSHA FOREMAN, KEITH
)
FINSONEAULT and TRACY PINS ONEAULT,
)
)
Complainants,
)
vs.
)
No.
PCB 03-38
)
IHE WEALSHIRE, INC., an Illinois
)
Corporation,
)
)
Respondent.
)
COMPLAINANT’S ANSWERS
TO
RESPONDENT’S REQUEST TO
ADMIT FACTS
NOW
COMES
COMPLAINANT
MORRY
GABEL,
by
and
through
his
attorney,
Mitchell
S. Feinberg, of Chuhak &
Tecson, P.C.,
and for his Answers to Respondent’s
Request
to
AdmitFacts, states the following:
1.
That the complaint of noise
allegedly emanating from The Wealshire
is
year round and
not seasonal.
ANSWER:
Deny.
In the Amended Complaint, Morry Gabel, one ofthe Complainants, stated that the
noise occurs throughout the Spring, Summer and early Fall.
This is
still his position.
2.
That the manufacturer ofthe chiller units complained of, i.e. Trane, does not manufacture
or sell any type ofenclosure to
enclose the type ofcooling units usedby The Wealshire.
ANSWER:
Morry Gabel neither
admits nor denies this Request to
Admit No.
2, as Morry Gabel has
not communicated with Trane, in general
or specifically, regarding The Wealshire’s chiller units.
3.
That
Trane,
the
manufacturer of the
chiller units
located
at
The
Wealshire,
does
not
specify orrecommend that such chillers be enclosed.
439190.1.11852.22239
4NSWER:
Morry Gabel neither admits nor denies this Request to
Admit No.
3,
as Morry Gabel has
hot communicated with Trane, in general or specifically, regarding The Wealshire’s chiller units.
4.
That Trane, the manufacture of the chiller units, recommends against the enclosure of the
type ofchiller units located at The Wealshire.
ANSWER:
Morry Gabel neither
admits nor denies this Request to Admit No. 4,
as Morry Gabel has
riot communicated with Trane, in general or specifically, regarding The Wealshire’s chiller units.
5.
That the recommendation of Greg Zak to enclose the chillers identified in his report dated
December 31, 2002, is not based upon the specifications or recommendation of the manufacturer
of the chiller units, Trane.
ANSWER:
Admits
that
Greg
Zak’s
recommendation
is
not
based
on
Trane’s
specifications
or
recommendations,
but
that
in
Shelton
v.
Crown,
PCB
96-53,
a
case
in
which
Mr.
Zak
was
involved,
the Trane chiller unit at
issue
there was enclosed and
silencers were used and
Trane
was involved in the process.
Dated:
I
‘~
,
2003
Respectfully submitted,
CHUIHAK &
TECSON, P.C.
Mitchell S. Feinberg
CHUHAK & TECSON, P.C.
30 5. Wacker Drive
—
Suite 2600
Chicago, IL
60606
312-444-9300
Firm ID No. 70693
Complainants
439190.1.11852.22239
-2-
VERIFICATION
Under
penalties
as
provided
by
law
pursuant
to
Section
735
ILCS
5/1-109,
the
undersigned certifies that the statements set forth in this
instrument are true and correct,
except
as
to
matters
therein
stated
to
be
on
information
and
belief
and
as
to
such
matters
the
undersignedcertifies as aforesaidthat he
Mitchell
S. Feinberg
CHUHAK & TECSON, P.C.
30
S. Wacker Drive
—
Suite 2600
Chicago, IL
60606
312-444-9300
Firm ID No. 70693
-3-
439190.1.11852.22239

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