State of Illinois
Pollution Control Board
James R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
http://www.ipcb.state.il.us/
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
In The Matter Of:
)
)
Joseph & Victoria Morrissey
)
)
)
Complainant(s),
)
)
v.
)
PCB
09 - 10
)
(For Board use only)
Geoff Pahios and Alpine Automotive, Inc
)
)
)
Respondent(s)
)
Response to Written Discovery Request
1.
State the name of the Complainants answering and, if different, give the full name and
address of the individual signing the answers, and the capacity in which said person is signing
the answers.
ANSWER:
Joseph and Victoria Morrissey
32 S. Chestnut Ct.
Hawthorn Woods, Il 60047
2.
State the full name and address of each person who witnessed or claims to have
witnessed the occurrences (alleged noise pollution) alleged in the Complaint.
ANSWER:
Frank and Karen Gambino
23 S. Chestnut Ct
Hawthorn Woods, Il 60047
Lakewood meadow is a subdivision with 60 homes encircled with a common area and a
bike/walking path. All residents would potentially be witnesses, but at this time the
complainants are undecided on using witness testimony to prove the noise violations other
than the above.
3.
State the full name and address of each person not named (in Answer to Interrogatory
Number 2) above who was present or claims to have knowledge of the noise pollution
Electronic Filing - Received, Clerk's Office, January 28, 2009
complained of in the Complainants complaint.
ANSWER:
As the noise violations are an ongoing issue, there are too many people to list. As stated, the
complainants are undecided on using witness testimony to prove our case. We would be
happy to provide witnesses if requested by the Respondents.
4.
The dates and times of any and/or all occurrences of the noise pollution complained of in
C’ C
ANSWER:
As the noise violations are an ongoing issue, there are too many to list. We are providing a
copy of our written logs as well as pictures and video which have dates and times.
6.
Were any photographs, slides or motion pictures, video and/or audio recordings taken of
the scene of the occurrence or of the persons involved? If so, state the date or dates and times on
which such photographs were taken, the subjects thereof, who took said photographs and who
has custody of them at the present time.
ANSWER:
We are including a USB drive of photographs and video taken. Most are date and time
stamped. All pictures and video were taken by the Complainants and have been in the
’ .
7.
Do you or your attorneys have any statements from any witness or party other than
yourself or, if a corporation, of anyone other than an officer, director, managing agent or
foreman?
If so, state:
(a)
The name and address of each such party or witness;
(b)
The date of each of said statements;
(c)
Whether such statement is typewritten, handwritten or oral, or by court
reporter, and state the name and address of the person who typewrote, hand-wrote or
was the court reporter.
Electronic Filing - Received, Clerk's Office, January 28, 2009
(d)
The name, address, employer and occupation of the person who took the
statement an in whose possession the statement is as of this date.
ANSWER:
As stated, the Complainants at this time are undecided on using witness testimony and
have not taken any statements from involved parties. The complainants will include copies
of relevant emails, which discuss the ongoing issue, and would be happy to provide names
and addresses of any or all of the people referenced in or copied on emails.
8.
List the names and addresses of all other persons (other than yourself and person
heretofore listed or specifically excluded) who have knowledge or information relating to facts
of said occurrences of noise pollution and/or of the injuries and damages following therefrom.
ANSWER:
The complainants have been working with a noise consultant to be addressed in the
v . T v
een working with
Village officials from Hawthorn Woods and Laze Zurich, as well as Police Departments
from both Villages. The complainants do not intend at this time to involve either village in
this process other than to make reference to the fact that the complainants tried to resolve
this issue before filing a complaint with the IPCB. The complainants will attach links or
copies of archived village meeting notes. The complainants have also received advice and
instruction (attached) from
Michael Kuhn
Lake County Health Dept.
Environmental Health Services
3010 Grand Ave
Waukegan, IL 60085
9.
P C’
Complaint for the violations of the above stated laws:
(a) 415 ILCS 5/24
No person shall emit beyond the boundaries of his property any noise that unreasonably
interferes with the enjoyment of life or with any lawful business or activity, so as to violate any
regulation or standard adopted by the Board under this act.
Complainants will use personal testimony, expert testimony and video recordings with and
without an ANSI compliant and calibrated noise meter to show that the respondents emitted
sound, which unreasonably interferes with the enjoyment of life and use of the property.
Electronic Filing - Received, Clerk's Office, January 28, 2009
(b) 35 Ill. Admin Code Section 900.102
Prohibition of Noise Pollution:
Complainants will use personal testimony, expert testimony and video recordings with and
without an ANSI compliant and calibrated noise meter to show that the respondents cause and or
allow emission of sound that will be defined as noise pollution
(c) 35 Ill. Admin Code Section 901.102a
Sound emitted to a Class A Land. (Daytime)
Complainants will use personal testimony, expert testimony and video recordings with and
without an ANSI compliant and calibrated noise meter to show that the respondents emitted
sound during daytime hours that exceeded allowable decibel limits from Class B Land (LBCS
Function Code 2110
–
Automobile Service Establishment) to Class A Land (LBCS Function
Code 1100
–
Private Household)
(d) 35 Ill. Admin Code Section 901.102b
Sound emitted to a Class A Land. (Nighttime)
Complainants will use personal testimony, expert testimony and video recordings with and
without an ANSI compliant and calibrated noise meter to show that the respondents emitted
sound during daytime hours that exceeded allowable decibel limits from Class B Land (LBCS
Function Code 2110
–
Automobile Service Establishment) to Class A Land (LBCS Function
Code 1100
–
Private Household)
(e) 35 Ill. Admin Code Section 901.104; and
Highly Impulsive Sound
Complainants will use personal testimony, expert testimony and video recordings with and
without an ANSI compliant and calibrated noise meter to show that the respondents emitted
Highly Impulsive Sound that exceeded allowable decibel limits from Class B Land (LBCS
Function Code 2110
–
Automobile Service Establishment) to Class A Land (LBCS Function
Code 1100
–
Private Household) during both Daytime and night time hours.
(f) Any other statute or administrative regulation you allege to have been violated.
ANSWER:
10.
P C’
Complaint for the following being a nuisance:
(a) 24 Hour Towing;
Engine noise, chains rattling, hydraulic noise of lift beds, banging and other impulsive noises
violate the above stated noise laws. Complainants will use attached video to show nuisance.
(b) Truck/Auto Repair;
Everyday/Common Noise from Truck/Auto Repair violates the above stated noise laws.
Complainants will use attached video to show nuisance.
(c) Ventilation Fan;
At this time, the Respondents seem to have taken measures to reduce the noise from the fan.
Complainants would request that this noise continues to be abated. Complainants will use
attached video to show previous nuisance if requested.
(d) Engine Noise; and/or
Excessive engine idling violates 415 ILCS 5/24
A’
ANSWER:
10.
P C’
Complaint for the following being a violation of existing noise laws:
(a) 24 Hour Towing;
Complainants will use personal testimony, expert testimony and video recordings with and
without an ANSI compliant and calibrated noise meter to show that noise from a tow truck
violates existing noise laws.
(b) Truck/Auto Repair;
Complainants will use personal testimony, expert testimony and video recordings with and
without an ANSI compliant and calibrated noise meter to show that noise from Truck/Auto
Repair violates existing noise laws.
(c) Ventilation Fan;
At this time, the Respondents seem to have taken measures to reduce the noise from the fan.
Complainants would request that this noise continues to be abated. Complainants will use
attached video to show previous violation if requested.
(d) Engine Noise; and/or
Complainants will use personal testimony, expert testimony and video recordings with and
without an ANSI compliant and calibrated noise meter to show that excessive Engine noise
violates existing noise laws.
A’
noise laws.
ANSWER:
11.
P C’
Complaint relative to the duration and frequency of the alleged pollution.
(a) 24 Hour Towing;
See attached video and log
(b) Truck/Auto Repair;
See attached video and log
(c) Ventilation Fan;
See attached video and log
(d) Engine Noise; and/or
See attached video and log
A’
noise laws.
12. State all facts and/
P C’
Complaint relative to the effects that you believe that the alleged pollution has had on the
following:
(a) Loss of Sleep and/or awaken at early hours(stating dates and times)
Loud noises wake people up. See log and video,
(b) Dates and Times for irritating and infuriating noise;
See attached video and log
(c) Drop in Property Value;
See attached video and Log
(d) Emotional Health and Well being (including any medical reports)
Complainants reserve the right to address this issue in a different forum.
(e) Limitation on use of outdoor property (including specific dates and times); and/or
Complainants reserve the right to address this issue in a different forum.
(e) Any other allegations that of bad effects believed to be caused by the alleged
pollution.
Complainants reserve the right to address this issue in a different forum.
13. Have you or anyone on your behalf (including any expert) conducted any test, experiment,
and/or scientific study from which, or the results of which, you will attempt to introduce into
evidence in a trial of this cause? If so, state:
Noise Solutions by Greg Zak have received sample videos of noise violations to be examined.
GZ
’
(a) The name of the person and/or entity conducting said test(s)
(b) The date and times of each said test(s)
(c) The results of each of said test(s)
(d) The name address and telephone number of all individuals and/or entities having
copies of the results of said tests.
1800 PROVIDENCE LANE
SPRINGFIELD, ILLINOIS 62711
(217) 698-3507
(217) 698-5666 FAX
E-mail: gregzak@gregzak.com
We also had Jim Safran of McGinty Bros, a certified arborist on site several times with
VOLZ officials to discuss ways to increase the barrier between the two properties.
ANSWER:
14.
Please describe fully any and all investigations of the incidents (noise pollution) made the
basis of this Complaint (other than those privileged by law) including who conducted the
investigation, when the investigation was conducted and the results, findings or conclusions of
said investigation. If you are claiming privilege as to any investigation, based on its allegedly
being done in anticipation of litigation, describe specifically what you are relying on to establish
that you had reason to believe the litigation would ensue, including what overt acts or statements
were made by plaintiff or someone acting on behalf of plaintiff.
ANSWER:
Lake Zurich noise ordinance defaults to Ill law. Although complainants will provide relevant
documentation of conversations and correspondence with village officials and police
departments, it is clear that the IPCB is the governing body for noise in Ill. Complainants would
be happy to provide names of all village officials.
15.
With respect to any complaints, inquiries, police reports, or any other type of inquiry
presented to a local (municipal or county), state and/or federal authority relative to the noise
pollution complained of including but not limited to Village zoning board, and/or municipality
village board; correspondence with municipal (village, county, state and/or federal authorities
Electronic Filing - Received, Clerk's Office, January 28, 2009
relating to the alleged noise pollution with respect to each such inquiry state as follows:
(a) The date(s) of said complaints, inquiries, police reports or other referral to the
governmental entity;
(b) The names, addresses and telephone numbers of the specific person(s) and that you
dealt with respect to said inquiry;
(c) The dates of any meetings with any officials with respect to said inquiry and the
names, addresses and telephone numbers of person(s) present during said meeting;
(d) The names, addresses and telephone numbers of any persons that joined with the
Complainants in making the inquiry;
(e) The results of said inquiry by the governmental entity and any recommendations
made by said entity to the Complainants, the Respondents, and/or other persons joining in said
inquiry.
ANSWER:
Lake Zurich noise ordinance defaults to Ill law. Although complainants will provide relevant
documentation of conversations and correspondence with village officials and police
departments, it is clear that the IPCB is the governing body for noise in Ill. Complainants would
be happy to provide names of all village officials and discuss in detail conversations.
16.
With respect to any complaints, inquiries, police reports, or any other type of inquiry
presented to a local (municipal or county), state and/or federal authority relative to the noise
pollution complained of including but not limited to Village zoning board, and/or municipality
village board; correspondence with municipal (village, county, state and/or federal authorities
VLZ ’
property with respect to each such inquiry state as follows:
(a) The date(s) of said complaints, inquiries, police reports or other referral to the
governmental entity;
(b) The names, addresses and telephone numbers of the specific person(s) and that you
dealt with respect to said inquiry;
(c) The dates of any meetings with any officials with respect to said inquiry and the
names, addresses and telephone numbers of person(s) present during said meeting;
(d) The names, addresses and telephone numbers of any persons that joined with the
Complainants in making the inquiry;
(e) The results of said inquiry by the governmental entity and any recommendations
Electronic Filing - Received, Clerk's Office, January 28, 2009
made by said entity to the Complainants, the Respondents, and/or other persons joining in said
inquiry.
ANSWER:
Lake Zurich noise ordinance defaults to Ill law. Although complainants will provide relevant
documentation of conversations and correspondence with village officials and police
departments, it is clear that the IPCB is the governing body for noise in Ill. Complainants would
be happy to provide names of all village officials.
17.
With respect to any complaints, inquiries, police reports, or any other type of inquiry
presented to a local (municipal or county), state and/or federal authority relative to the noise
pollution complained of including but not limited to Village zoning board, and/or municipality
village board; correspondence with municipal (village, county, state and/or federal authorities
relating to alleged noise pollution emanating from property neighboring t
’
’
as follows:
(a) The date(s) of said complaints, inquiries, police reports or other referral to the
governmental entity;
(b) The names, addresses and telephone numbers of the specific person(s) and that you
dealt with respect to said inquiry;
(c) The dates of any meetings with any officials with respect to said inquiry and the
names, addresses and telephone numbers of person(s) present during said meeting;
(d) The names, addresses and telephone numbers of any persons that joined with the
Complainants in making the inquiry;
(e) The results of said inquiry by the governmental entity and any recommendations
made by said entity to the Complainants, the Respondents, and/or other persons joining in said
inquiry.
Lake Zurich noise ordinance defaults to Ill law. Although complainants will provide relevant
documentation of conversations and correspondence with village officials and police
departments, it is clear that the IPCB is the governing body for noise in Ill. Complainants would
be happy to provide names of all village officials.
18.
If Complainant(s), or any agent has given a statement to anyone other than defendant's
attorney with respect to either the incidents in question and/or the damages complained of by the
Complainants, please state the name, address, and telephone number of the person to whom such
statement was given, the date on which the statement was given, the substance of such statement
and whether such statement was a written or oral statement.
ANSWER:
See attached reports.
19.
Have you (or anyone acting on your behalf) had any conversations with any person at any
time or overhear any statements made by any person at any time with regard to the manner in
which the incidents complained of occurred? If so, please state the following:
(a) Date(s) of such conversations and/or statements;
(b) Place of such conversations and/or statements;
(c) Names, addresses and telephone numbers of all persons present for the
conversations and/or statements;
(d) Matters and/or things stated and/or discussed by said persons
(e) Whether the conversation was oral and if so, was it recorded or transcribed or was
the statement in writing; and/or
(f)
The name, address and telephone number of each person that has possession of the
statement or recording if it was written, recorded and/or transcribed.
ANSWER:
Unreasonable request. Too many to reference. This is an ongoing issue which has been reported
on in the newspaper. It is the subject of constant conversation.
20.
State in detail each factual observation or finding and each conclusion drawn based upon
defendant's inspection of the area, measurement of noise level, and/or other observations relating
to the source of any alleged noise pollution.
ANSWER:
Who is the defendant?
21.
State the name, address and occupation of each individual who has inspected, measured
the noise levels or tested the area in question relative to noise or who has performed any
simulation studies, experiments, or other tests of any kind relevant to this Complaint and
describe each such inspection, measurement, test, simulation, and/or study.
ANSWER:
Have not received report from Greg Zak at this point.
Have had several police officers and other village officials on site. All have agreed that the IPCB
should be the governing body on this.
22.
Pursuant to the
I C’ ,
addresses of witnesses who will testify at trial, and provide the following information:
d)
Lay Witnesses. Please identify the subjects on which the witness will
testify;
d)
Independent Expert Witnesses. Please identify the subjects on which the
witness will testify and the opinions you expect to elicit.
e)
Controlled Expert Witnesses. Please identify the following:
(ii)
the subject matter on which the witness will testify;
(iii)
the conclusions and opinions of the witness and bases therefor;
(iv)
the qualifications of the witness; and
(v)
any reports prepared by the witness about the case.
ANSWER:
At this time the Complainants are undecided on using witnesses other than Greg Zak of Noise
solutions and Frank Gambino. It is our understanding that there is a separate discovery for
Electronic Filing - Received, Clerk's Office, January 28, 2009
expert witnesses.
Potential witnesses would be village officials from both villages, both Police Chiefs, area
neighbors and Lakewood Meadow Association officials.
Respectfully submitted,
Joseph & Victoria Morrissey
By:_______
________________ _______________________
Joseph Morrissey
Victoria Morrissey
CERTIFICATION
I, Joseph Morrissey, on oath or affirmation, state that I have read the foregoing and that
it is accurate to the best of my knowledge.
____________________________________________
aa’ a
Subscribed to and sworn before me
this
day
of
, 20 .
___________________________
Notary Public
My commission expires: ______________________
Electronic Filing - Received, Clerk's Office, January 28, 2009
CERTIFICATE OF SERVICE
I, the undersigned, on oath or affirmation, state that on _____Jan 26th____, 2009__, I served the
attached formal complaint and notice on the respondent by
certified mail (attach copy of receipt if available, otherwise you
must file receipt later with Clerk)
registered mail (attach copy of receipt if available, otherwise you
must file receipt later with Clerk)
messenger service (attach copy of receipt if available, otherwise
you must file receipt later with Clerk)
X
personal service (attach affidavit if available, otherwise you must
file affidavit later with Clerk)
at the address below:
’ A:
Name
Bruce Slivnick _______________________________________________________________
Street
707 Lake Cook Rd ___________________________________________________________
City, state, zip code
Deerfield , Il 60015 _________________________________________________
a’aaa
aa’ a
Street 32 s. Chestnut ct _____________________________________
City, state, zip code
Hawthorn Woods, il 60047 _________________
Subscribed to and sworn before me
this
day
of
, 20 .
___________________________
Notary Public
My commission expires: ______________________________
Electronic Filing - Received, Clerk's Office, January 28, 2009
