You can see video of the hearing below. Audio links at the top, video at the bottom.
Here is the audio about the fence as not being a structure. Here is my point that a fence is a structure under town law.
Here is the audio when they vote on the issue of noise. This was the resolution: Should they restore the permit because Gerry Ennis failed to prove that my facility produces noise that exceeds that produced by a normal residence?
Jeff Jensen has to acknowledge that there was no noise. Votes yes.
Kent Kneller votes yes very quietly.
Bill William Vick votes no. Hard to understand that.More people said they don't hear squat and no one consistently even complained about noise. They complained about other stuff, not noise. No complaints of loud noise. Go back and check it out. Who said "loud noise" and stuck to that story? No one.
Next is Margaret Pino. She says the noise must be annoying to someone. She acknowledges that it is not loud. If it is not loud, there is no law that can possibly apply.
I jump in and say "annoying" is not in the law. The law says, "Unusual noise that exceeds that produced my a normal residence." We don't know what an unusual noise is. We don't know what a normal residence is. We have no evidence at all that there was ever any loud noise because that defies the laws of physics.
Annoying noise ordinance? You can play that CD you like but you have to skip track 3, the song that has that bell in it, because I don't like track 3? And you can listen to Fox News because I like Fox but if you play Aljazeera or the BBC at the same volume, you are in violation of the ordinance?
Amy Abatti votes yes. The resolution gets a majority of those present, 3 out of 5, but fails to carry because the majority is 4, out of a number of possible seats of 7 on the board.
So, two people voted no. They knew for a fact it is not loud when they made those votes. Pino said that it is not loud. Vick was here at the site and cannot possibly argue that it could ever be loud. Yet they think that Gerry Ennis proved that it is loud.
Did Ennis prove something? You stood there, heard nothing, you know it's not true, yet you vote that an officer proved something that you know is not true? You vote on some standard other than the law, "annoying" or merely citing the existence of a complaint without noting the existence of more letters not complaining and stating something you experience first hand: not loud.
You did not allow me time to demonstrate that the complaints are malicious. Then you base your vote on the same complaints, assuming they are valid when I was not allowed to show that that are not valid, again, ignoring the more numerous letters supporting your own personal experience of not loud.
Those are really, really bad votes. David R. Everett of Whiteman Osterman and Hanna, an Albany law firm with 80 lawyers, attorneys, specializing in municipal law, did not bother to re-read the law to clarify what it was they were voting on and seemed to have to problem with the "annoying noise" vote or the "complaint" vote.
Bill William Vick of Stuyvesant heard nothing at all. He was right here. He knows. Margaret Pino admits that "volume is not the issue." But in the law, it is the issue.
Law. You are supposed to uphold the law. Not vote your prejudices. Jeff Jensen, Amy Abatti and Kent Keller knew that the truth matters. William Bill Vick and Margaret Pino should re-think the law and the evidence and give it another try.
And here is the magic window:
Now here are members of the board not caring particularly that the window and the noise don't exist... willful disregard of the truth.
And below (video) David R. Everett tries to confuse everyone with mumbo rumbo about irrelevant hypothetical situations. The ZBA does not have the authority to enforce civil actions based on New York Town Law. The fact that the town could file a civil suit in state court based on state law is entirely irrelevant to this board, which is a town board ruling on town law. The town could file a case in federal court. The town could vote to paint town hall green. So what?
The ZBA is here to rule on town law. New York law is not the issue before the board. There is no civil suit in New York court. That is a hypothetical option the town did not take. The town chose to use town law to enforce town zoning violations only the town did it WRONG. State law does not come into this. The ZBA is here to rule on the town's zoning rules. Gerry Ennis, the town's zoning guy, did not follow the town law.
Civil suit in state court, please. They would need EVIDENCE there...
Amy is right about town law. Everett is wrong about town law. He just tried to throw legalistic smoke in everyone's eyes to ignore the clear language of the law that the ZBA is charged to enforce. Outrageous. What the hell is Everett thinking? Where is the public interest in paying taxpayer money illegally to David R. Everett to throw smoke in the board's eyes and prevent them from enforcing the law they are bound to enforce?
If I need legal advice in the future, I'm calling Amy. Any normal municipalities out there thinking of hiring David R. Everett or Whiteman Osterman and Hanna might consider that as a cheaper option as well. This is pretty shabby legal work. The law is not Mr. Everett's toy.
And speaking of law, here is Maraget Pino making up an annoying noise law... I mean, if you don't like the law you are sworn to enforce, why not just make up your own on the spot to fit your mood at the time? Isn't that what tyrants do?