“I am submitting this letter on behalf of my clients, Bill and Cyndi Miner, in response to a letter to Dale Warner from Ganz Wolkenbrett & Siegfeld LLP, attorneys for Long Energy, dated October 26, 2011, which was submitted by attorney Robert E. Ganz to the Board during the public hearing on November 15, 2011. The letter also indicates “cc: Town of Duanesburg, Zoning Board of Appeals.” Nevertheless, when Bill Miner inquired at the Zoning Office on Nov. 10 and then again with me on Nov. 14 as to whether any submissions had been made by Long Energy or any others regarding this matter, he was never informed of the October 26 letter, which was handed to me/us at the public hearing.1 The subject letter states the conclusions of Longʼs engineer William Smart concerning the need for vehicle impact barriers under the Fire Code.
Both Town attorney Jeffrey Siegel and Mr. Ganz stressed at the public hearing that because Mr. Smart — who was not made available for questioning at the hearing — is the only certified engineer to have addressed the issue of Fire Code requirements for vehicular protection of propane tanks, his opinion should be given great weight by this Board. Due to the importance opposing counsel assign to Mr. Smartʼs assessment of the most important issue remaining before the Board, our inability to know the contents of his assessment or to address his conclusions prior to the public hearing, or to properly assess them when handed the letter in the middle of that hearing, we ask that this letter in response be entered into the public record.”
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David A. Giacalone Esq for Bill and Cyndi Miner 1 December 2011.