Tuesday, September 18, 2012

20th hearing set for TONIGHT

7 PM Stuyvesant Town Hall, 5 Sunset Drive, Stuyvesant NY 12173

Dear All,

Tomorrow night the Stuyvesant ZBA has called for the 20th hearing and 3th public hearing on a dog barking complaint by a former resident that defies the laws of physics, as no dog barking can be loud 1000 feet from the source. The hearing is to determine whether or not the town zoning officer was right to cite me for loud dog barking on August 9, 2010 based on the hearsay allegation that a neighbor who has since moved away complained of loud dog barking 1000 feet away from the source of the sound. 

From the Stuyvesant Zoning Ordinance, page 37:

Enforcement of Violations

The following procedures shall be applied when enforcing the provisions of this ordinance. 
A. Any person aggrieved may file a complaint.
B. The Z.E.O. may file a complaint on personal knowledge.
C. All complaints including those made on personal knowledge shall be in writing and must be filed in person with the Z.E.O.

No complaints were filed in writing prior to August 9, 2010. The notice itself claims to be based on complaints, not the personal knowledge of the ZEO. Therefore, the notice of violation must be dismissed as deficient. 

Tomorrow's hearing defies a court order to vote to sustain or reject the notice of violation, an order intended to end the ongoing vendetta:

Further, the claim of loud dog barking at 1000 feet is impossible, as verified by four PhD acoustical engineers including the editor of the world's leading peer review acoustical architectural journal:

Full studies:

Quotes from experts:

Further, a sound test was done with ZBA members present that perfectly supports the conclusions of the studies indicated above:

Video from test in August 2011:

Signed statement by ZBA members:

Other sound test showed the same thing, as in April 2011:

And February 2011:

Meanwhile, problem dog barking is common in Stuyvesant Falls:

Here is a map of the area showing that people who did not complain live closer than the distant neighbors who complained:

Here are the distances in feet:

Here are some of the more than 50 letters of support:

Here is the ex-neighbor who supposedly complained saying there is no problem at all:

Here is the ex-neighbor claiming to see dogs 1000 feet away to the NORTH over an 8 foot fence through a window facing east that is 14 feet from the ground:

If the charge defies the laws of physics and if you have more than 50 witnesses denying the charge and if you have three sound test which confirm that the charge is not true yet you find that a town continues to pursue the charge, you have to wonder why. Here is why:

In short, this vendetta is motivate by unconstitutional motives and serves no public interest. Tomorrow's hearing should not be occurring. Knock it off. 


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