BUFFALO, N.Y. (WIVB) — Life in this south Buffalo neighborhood has gotten so bad with the pollution, the noise and the mess, the state attorney general said enough is enough. Now residents living here say they hope the lawsuit is fast tracked, so something can be done before things deteriorate further. ))
Truck traffic, noise, dirt and rodent infestations have become a way of life for residents living along Peabody Street.
“He does absolutely nothing except destroy,” said Kenneth Weaver, Jr., who’s lived on Peabody for 30 years, and his family’s home has been there much longer than that. Far longer than the business in question.
He, according to residents, is Peter Battaglia, the owner of the Battaglia Transfer Station, a business that accepts multiple types of waste and crushes concrete for reuse.
But these folks also say it’s a business that’s a bad neighbor.
“Battaglia’s attorneys claimed that if you live next to a facility that is zoned industrial, the rats, the noise, the dust, the diesel, the trucks, not only is all of this legal, but you deserve it,” said Brian Borncamp, of the Clean Air Coalition.
Weaver Jr., says he doesn’t want it, and he certainly doesn’t deserve it.
“Who was here first? Me. I was here way before them. ))
“He promised none of this would occur. He stood over across the street with his wife, when his dad was alive, and said everything would be in doors, you guys would never see nothing,” Weaver Jr. said. “Boy did that backfire.”
Sen. Tim Kennedy, D-Buffalo, joined residents of the Seneca-Babcock community to urge the state Supreme Court to issue its decision on a lawsuit filed by the attorney general’s office.
“We are not going to accept businesses in our community that are not following the law,” Kennedy said.
Jackie Weaver said the business is preventing residents from spending extended time outdoors.
“We have the right to expect quality of life for ourselves, our daughters, our sons and our grandchildren,” she said.
The next time the two sides are do in court is Sept. 14. During a hearing last month, the judge said she would be reserving her decision for a later date. She was not more specific.
Fines requested in the lawsuit are tens of thousands of dollars per day.