Bayville couple in hot water over pool noise

Mar 17, 2006
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#1
http://www.newsday.com/news/local/longisland/ny-lipool0620,0,5937.story?coll=ny-main-bigpix

Bayville couple in hot water over pool noise

BY SUZANNE LABARRE
suzanne.labarre@newsday.com

June 20, 2007

A Bayville couple could face jail time because angry neighbors claim their daughters play too loudly in their backyard.

William and Rachel Poczatek must enter a plea in village court today after their neighbors complained to the village that the Poczateks' two daughters, aged 5 and 11, were making too much noise around the family's pool.

"I don't know what kind of solution there is," said Rachel Poczatek, 43. "Should I muzzle my children?"

The couple is charged with violating a noise code aimed at "the shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood."

If convicted, the couple could face a $250 fine, a 15-day jail sentence, or both for each day that the offense continued, according to the village code.

The Poczateks' attorney, Andrew J. Campanelli of Mineola, said he thought the charge was "unconstitutional."

Neighbor Mark Kostakis, whose backyard adjoins the Poczateks' in this small North Shore community, said he began making audio recordings of the children to document the noise after complaining to the family and the village for nearly three years.

"This is it for me," said Kostakis, whose wife, Angie, is listed as one of the complainants on the summons. "I don't work 12 hours a day to come home and listen to this -- -- ."

But Albert Brunetti, 74, who lives next door to the Poczateks, said he thought the children were well-behaved.

"The kids are nice kids," he said. "Children are supposed to play and have fun."

Still, Bayville code enforcement officer Albert Criscuolo last month issued a notice of violation to William Poczatek, 43, ordering him to keep his children quiet. The Poczatek children were "screaming and shouting" and causing "an unreasonable nuisance," according to the notice. Criscuolo could not be reached for comment.

The fracas came to a head on June 12 when the couple hosted a party at their Perry Avenue home for their 11-year-old daughter and her friends, said Rachel Poczatek. The next day, the couple received the summons.

Rachel Poczatek said she does tell her children to be quiet, but they should be allowed to play during the day.

"I don't feel my kids are doing anything wrong by being outside," she said.

Bayville Mayor Victoria Siegel said she doesn't know the details of the case, but that the village usually issues noise violations for cutting lawns too early in the morning, barking dogs and loud music -- not for frolicking children.

"I'm certainly not happy about kids not being able to play in their backyard," Siegel said. "But something had to be happening in order for people to have complained."

Staff writer Jennifer Barrios contributed to this story.
Copyright 2007 Newsday Inc.
Ummmmmmmm...........aren't kids supposed to play in their backyard, around their pool????

Asshole.
 

bethm1b

person of interest
Dec 1, 2006
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Just past the line.
#2
Still, Bayville code enforcement officer Albert Criscuolo last month issued a notice of violation to William Poczatek, 43, ordering him to keep his children quiet. The Poczatek children were "screaming and shouting" and causing "an unreasonable nuisance," according to the notice. Criscuolo could not be reached for comment.

Criscuolo can go fuck himself. Who decides what is reasonable? Him? I would take this to trial and file long expensive drawn out motions and fling lawsuits at all involved, just to fuck with them all. Noise is a part of life.
 

HummerTuesdays

Another girrrrl!!!
Apr 24, 2005
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#3
I could understand if it is after a certain hour. And whaaa, this guy works 12 hour days. If he's so fucking tired he'll fall asleep. Buy some ear plugs or noise cancelling headphones.
 

FMDoug

Registered User
Nov 29, 2005
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#4
Neighbor Mark Kostakis, whose backyard adjoins the Poczateks' in this small North Shore community, said he began making audio recordings of the children to document the noise after complaining to the family and the village for nearly three years.
Do you guys think he made the recording for sexual purposes? Then his wife found out about the recordings and he had to play it off like he was mad at the kids and was recording them becasue they were too loud?

This thing is idiotic and the couple needs to get a life
 

Creasy Bear

gorgeousness and gorgeousity made flesh
Donator
Mar 10, 2006
48,052
35,924
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In a porn tree
#5
"I'm certainly not happy about kids not being able to play in their backyard," Mayor Siegel said. "But something had to be happening in order for people to have complained."
Yeah... the guy is a fucking miserable prick... maybe that's what was happening.

We used to have one of these miserable fuckfaces in my neighborhood when I was growing up. Always calling the cops on any kid who even dared walk on the sidewalk in front of his house.

One day we were playing football and the ball went over his fence into his yard... the rat bastard shredded it with a knife and threw it back over the fence.

On Halloween the fucker used to turn on his porch light, and when kids would go up and ring his doorbell, he'd let his mangy mutt dog out the back door so it would run around the house and scare the shit out of the kids.

When we got older, we fixed his ass... at like 2 o'clock in the middle of the night one night, we stuck his garden hose in through the mail slot on his front door and let 'er rip. By the time he woke up in the morning his basement was flooded and his furnace and water heater were destroyed. :haha7:
 

Arch Stanton

It's all about the funny!
Nov 22, 2004
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#6
Now this is worthy of an Attack . What an Asshole. There are so many things that can be done to these guys.
 

bethm1b

person of interest
Dec 1, 2006
2,606
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Just past the line.
#7
When we got older, we fixed his ass... at like 2 o'clock in the middle of the night one night, we stuck his garden hose in through the mail slot on his front door and let 'er rip. By the time he woke up in the morning his basement was flooded and his furnace and water heater were destroyed. :haha7:
Was that you?
 

THE FEZ MAN

as a matter of fact i dont have 5$
Aug 23, 2002
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#8
im a fucking prick, ill admit it, but to bitch about the neighbors kids playing out side a few days a week? there's more to this than there letting on. shit like that drives me crazy, why cant people just mind there own business, i hope those people drag this out in court till they bankrupt some one
 
Feb 20, 2006
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#9
They should sell their house to an gang of illegals or maybe even a halfway house organization of some sort.
 

THE FEZ MAN

as a matter of fact i dont have 5$
Aug 23, 2002
41,298
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#12
They should sell their house to an gang of illegals or maybe even a halfway house organization of some sort.
that happend to my babysitter, her neighbor sold to a half way house for nut nut junkies and preverts, not 6 months later they burned the house to the ground,
 

distortion9

Satellite Of Hate
Dec 12, 2001
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#13
Someone needs to anchor the "StuGots" outside this pricks house.
 

THE FEZ MAN

as a matter of fact i dont have 5$
Aug 23, 2002
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#14
concord township (were i live) ran bam margara out of town, even though NOT ONE neighbor ever complained
 
Mar 17, 2006
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Case dismissed.

http://www.newsday.com/news/local/longisland/ny-lipool0621,0,71474.story?coll=ny-top-headlines

Noise complaint against Bayville family dropped

BY SUZANNE LABARRE
suzanne.labarre@newsday.com

June 20, 2007, 10:14 PM EDT

Cheers erupted in a packed courtroom in Bayville Wednesday night after a judge dismissed a case against a couple who faced jail time because their children allegedly played too loudly around their backyard pool.

William and Rachel Poczatek, of Bayville, were accused of violating a village noise code after irate neighbors complained that their daughters, ages 5 and 11, made too much noise frolicking in their backyard.

Judge John O. Kennedy threw out the case after Village Prosecutor James Reilly joined with the couple's attorney, Andrew J. Campanelli, of Mineola, who asked that the charge be dismissed.

"I think the village did the right thing," said William, 43. Rachel, also 43, added, "It shouldn't have come to this point."

Neighbor Mark Kostakis, 40, who had complained about the girls, said Wednesday night, "The wrong ordinance was written. ... Does this give them the right to do whatever they want? You'll have to ask them."

The couple's attorney has not ruled out further legal action. Kostakis had videotaped the girls playing in the backyard and the couple wants the tapes destroyed.

Kostakis said earlier this week he had complained to the family and the village for nearly three years and started recording the din last month after village officials instructed him to document his complaints, he said.

"I don't want it to escalate. I want peace and quiet," Kostakis said. His wife, Angie, 44, said they had bought the camera to document the case. "It's not about the children. It's about the parents who have blatant disrespect for the neighbors," she said.

The Poczateks were charged with violating a provision that bars "the shouting and crying of peddlers, hawkers and vendors, which disturbs the peace and quiet of the neighborhood." If convicted, the couple could have been fined $250 or sent to jail for 15 days, or both for each day that the offense continued.

Caroline Bourke, 53, who lives behind the Poczateks, also has complained, but said last night she wasn't surprised the case was thrown out. "I guess these days, there are going to have to be new ordinances," she said.

A friend of the Poczateks, Nicole Waage, 41, of Bayville, supported the dismissal. "I think it was the right decision and the only decision to make. There are kids all over the place in Bayville," she said.

On Tuesday, Mayor Victoria Siegel said she wasn't happy about children not being able to play in their backyard, but maintained that "something had to be happening in order for people to have complained."

But Albert Brunetti, 74, who lives next door to the Poczateks, said he's never had a problem with the children. "The kids are nice kids," he said.

Several neighbors who live behind the Poczateks' Perry Avenue home on Plymouth Road said Tuesday that the children are indeed a nuisance. The children scream at the top of their lungs and go on for hours on end, said Sheila Brown, 48. "I could have 10 friends over that don't make as much noise as those two kids," she said.

On May 7, a village code enforcement officer issued William Poczatek a notice of violation, citing his children's "loud screaming, shouting" as an "unreasonable nuisance to neighbors." Last week, the Poczateks held a party for their 11-year-old daughter and her friends. The following day, they received a summons to appear in court.

Rachel Poczatek said Tuesday her children are well-behaved. "They're not throwing rocks, they're not yelling, they're just playing in their yard," she said.

Copyright 2007 Newsday Inc.
Fuckin pervs.
 

Chino Kapone

Yo, whats wrong wit da beer we got?
Jun 10, 2005
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#16
the judge should have ruled to cut their vocal chords like they do with loud barking dogs. everyone wins in that case.
 

DoucheMeister

I'm a douche!
Jun 2, 2006
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#17
Several neighbors who live behind the Poczateks' Perry Avenue home on Plymouth Road said Tuesday that the children are indeed a nuisance. The children scream at the top of their lungs and go on for hours on end, said Sheila Brown, 48. "I could have 10 friends over that don't make as much noise as those two kids," she said.
Gee, ten 50 year old cunts don't make as much noise and little kids playing in a pool. What a douchy fucking neighborhood.
 

THE FEZ MAN

as a matter of fact i dont have 5$
Aug 23, 2002
41,298
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#18
ive been to a party with 30 11year olds, good god was it noisy but for ever how much i HATE kids, boys will be boys. or in this case noisy little girls. i still say there is more to this than any one is letting on, want to bet the cunt that is complaining is barren or had a baby die, so there taking there anger out on the neighbors.
 

KingTheoden84

Registered User
Jun 9, 2007
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#19
On the one hand noise is a legitimate complaint and many parents have become lazy and they their children run totally wild without any direct...like running through my cul-de-sac and right when I pull out of the garage these fuckers ring my car....and it would be ME facing hard time in the pen and then face suits galore.

But in this case, the neighbors seem like the neighbors from Bewitched: they have nothing better to do than concern themselves with other people. If the problem of noise really was oh so horrid, why not just invite the parents over, have lunch, and mention that the kids are a tad loud?

If kids playing in their own yard and making some noise while having fun is grounds enough to run to the government, our nation needs a serious slap upside the head.
 
Dec 25, 2005
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#20
It all depends on time of day of course.. if this guy works nights, that's his problem.

Some people are just miserable assholes.
 

domelogic

Registered User
Feb 16, 2005
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#21
The couple is charged with violating a noise code aimed at "the shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood."


this noise code should now include children since this asshole is bothered. i dont have children and find this totally ridiculous. any person with half a brain knows that children are louder when in a pool. heres and idea put up a fence or trees to block some of the noise, then turn on some music and go fuck yourself you selfish asshole.

he should have been laughed at by the police when he made the complaint