Last round, voodoo versus science:
Peter, please be advised that the Town of Stuyvesant ZBA has scheduled a special meeting on June 21st to hear the appeal related to the revocation of your client’s zoning permit to operate a kennel on his property. The meeting will be held at the Town Hall at 7 pm. If anything changes, I will let you know. Thanks. Dave
David R. Everett, Esq.Whiteman Osterman & Hanna, LLP, One Commerce Plaza, Albany, New York 12260
"The average background sound levels at the property line did not increase from previous measurement when the dogs were not barking."
-- Ken Andria, Senior Consultant Acoustic Dimensions international, Master of Science, Architectural Acoustics
"I hope that the issue soon will be settled in your favor. Anything else would be absurd if it is the noise levels that matter...Light intensity, the effect of gravity, many other forces in nature decay at the inverse square of distance given the formula of the surface of a sphere. To say that Glencadia Dog Camp obviously produces more barking noise at the relevant locations makes no more sense than to say that the sun is the brightest star in the universe."
-- Markku J ̈a ̈askel ̈ainen, PhD. Physics, Royal Institute of Technology, Stockholm, Sweden, Institute of Fundamental Sciences
"Ken Andria has obtained MS. Degree from Graduate Program in Architectural Acoustics, Rensselaer Polytechnic Institute, has presented his work at the Acoustical Society of America, has been awarded the prestigious Robert Bradford Newman Award ... as a Fellow of the Acoustical Society of America I endorse Ken Andria's measurements and report."
-- Ning Xiang, Ph.D. Prof. Director, Graduate Program in Architectural Acoustics School of Architecture Rensselaer Polytechnic Institute
"I read about your “noise” problem on the Audio Engineering Society Facebook page and found other materials related to Glencadia Dog Camp on the web, unbelievable!"
-- Professor of Engineering, Germany
"The noise produced from the dog camp definitely exceeds that produced by a normal residence."
-- Gerry Ennis, zoning control officer, Stuyvesant
No one has consistently complained of dog barking. One household wrote a letter stating that there was no problem for four years, then complained, then says it's just my own personal dog, then says it's not loud but is annoying, then says it's loud, submits a video that shows that the barking cannot ever be loud, as indicated by the measurement and calculation.
Lastly, this whole process was illegal.
Science, the law, even the star witness for the prosecution all agree. Seems like I should win.