Re: complaint

[Christopher N Luhn]

Dear Tony:

I am not sure what, if anything, can be done about it, but another issue is diesel fume odor on Old State Road and Dugan Hill Road in the morning.  To illustrate:  I left my home this morning at 6:45 a.m. and, because the south entrance to the park is used as a staging area by the contractors, the odor of revving diesel trucks is rather pronounced.

Again, I am not sure what the Town can do about this, but it is quite apparent, at least during the early morning hours when the operation is 'cranking up", so to speak.

Thanks for your concern and attention.

C

Very truly yours,

The Law Office of

Christopher N. Luhn, P.C.

By:   Christopher N. Luhn

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On Sep 22, 2009, at 5:56 PM, Michael Carlito wrote:

Thank you Tony,

You are more then welcome to come out any weekday morning between 5 and 5:30am to take a reading.

 

Thank you again

Michael

 

----- Original Message -----

From: Anthony Tozzi

To: 'Michael Carlito'

Sent: Tuesday, September 22, 2009 5:30 PM

Subject: RE: complaint

Hi Michael,

 

You're certainly welcome.

 

The Town does have a noise ordinance, however (as in most towns) it's difficult to enforce.  We need to literally be at your property line with a noise meter to catch them.

 

Tony

-----Original Message-----
From: Michael Carlito [mailto:mcar...@verizon.net] 
Sent: Tuesday, September 22, 2009 5:19 PM
To: Anthony Tozzi
Subject: Re: complaint

Hello Tony,

 

Thank you for getting back to me. Another question is there a town noise ordinance?

 

Thank you

Michael

 

 

 

----- Original Message -----

From: Anthony Tozzi

To: 'Michael Carlito'

Cc: Kevin King ; Tim Murphy

Sent: Friday, September 11, 2009 2:17 PM

Subject: RE: complaint

Hi Michael,

 

The Town Code restricts construction activity from 7am to 6pm Monday through Saturday.  Rifenburg's contract does not deviate from the Town Code.

 

We have interpreted 'construction activity' to not include transportation of supplies, equipment, vehicles or employees/employee transportation to worksites.  We have generally defined the 'fine line' between construction activities and non-construction activities (particularly in regard to transportation) in a manner that can be described as:

    - If supplies, equipment, vehicles, etc. are delivered to the site, it is not considered construction until they are actually used to perform construction activities.  On example would be that employees may drive to the site prior to 7am, so they can be available and ready to perform actual construction activites at 7am.  Another example would be that a dozer may be delivered to the site prior to 7am, but may not be operated or 'off the trailer' prior to 7am.

 

In our interpretation, we would expect that transportation and delivery of supplies/employee/equipment would be a reasonable time period on either end of the 7 am to 6 pm timeframe.  Clearly, delivery at 4am would not be considered reasonable.

 

Please let me know if you have questions or comments.

 

Regards,

Tony

-----Original Message-----
From: Michael Carlito [mailto:mcar...@verizon.net] 
Sent: Thursday, September 10, 2009 4:30 PM
To: Anthony Tozzi
Cc: Christopher Luhn
Subject: Re: complaint

Hello Tony,

I would like to know if Rifenburg construction has a stated starting and finishing time for their work day in contract form ??

 

Thank you

Michael Carlito

 

----- Original Message -----

From: Anthony Tozzi

To: 'Michael Carlito'

Cc: Kevin King

Sent: Tuesday, August 25, 2009 10:26 AM

Subject: RE: complaint

Hi Michael,

 

I'm happy to hear things are quieter for you.  I regret that we weren't able to identify exactly who/what caused the noise.  We had a few guesses as to what it may have been (someone may have inadvertently, and without authorization, using the open area to transport equipment, possibly), but nothing that we could verify with any degree of certainty.

 

Please let me know if you have any similar issues in the future.

 

Regards,

Tony

-----Original Message-----
From: Michael Carlito [mailto:mcar...@verizon.net] 
Sent: Monday, August 24, 2009 4:42 PM
To: Christopher Luhn; Anthony Tozzi
Subject: Re: complaint

Tony,

So I went ahead and sent in my complaint and received a phone call from Rifenburg. This is in reference to the early morning noise that took place a week ago this past Thursday at 4am. The person I spoke to, Tom Giammgttei, resident engineer said he asked around and no one knows anything about early morning noise on that morning.

Thank you for following through with my complaint.  I must say that the mornings here have been quieter since my phone conversation with Tom G.

 

 

Thank you

Michael

 

 

 

 

 

----- Original Message -----

From: Anthony Tozzi

To: 'mcar...@verizon.net'

Cc: Kevin King ; Tim Murphy ; Wayne Hoffman

Sent: Monday, August 17, 2009 2:13 PM

Subject: FW: complaint

Hi Michael,

 

I am forwarding your complaint to our Town Comptroller, Kevin King, who has been coordinating the road construction inside of LFTC.  He will be discussing the matter with Rifenburg.

 

I'm sorry you were unable to file your complaint from the Town's website, that you noted in your previous email.

 

Thank you,

 

Tony Tozzi

899-2685

 

 

-----Original Message-----
From: Michael Carlito [mailto:MCAR...@MAIL.NYSED.GOV] 
Sent: Friday, August 14, 2009 12:05 PM
To: Anthony Tozzi
Subject: complaint

Tony,

I have filled out the complaint form you emailed me and returning it in this email

 

thank you

Michael Carlito

 

 

Michael Carlito
NYS Museum 
Exhibit Production, Preparation,and
Exhibit Support
3023 CEC
Albany, New York 12230
518.473.9629
518.473.1927
Mcar...@mail.NYSED.GOV