Two residents made public comments regarding the matter of enforcement of the Tree Preservation Ordinance in the matter of a newly constructed home on Westfield Way. The board then adjourned into executive session to discuss this issue and personnel matters. Attendees to the public session inform us that Don Schuman, Code Enforcement Officer for the Village, was included in that session along with two attorneys representing the Village.
After nearly an hour and a half of closed session deliberation, the meeting reopened to the public. President McLaughlin then asked attorneys Mary Dickson and a Mr. Kaplan, who apparently got involved when the Village’s insurance carrier was contacted regarding the matter.
The Plan Commission discussed this Westfield Way property matter four times in 2014 according to records. At their December meeting, the commissioners voted unanimously to enforce the Tree Preservation Ordinance, despite an appeal from the homeowner.
This called for the replacement of 110 “Heritage Trees” to replace those removed during site development of the property. In December 2014, the Village Board voted to adopt the findings and recommendations of the Plan Commission and to deny the petitioner’s waiver/appeal.
A copy of the Plan Commission’s findings presented at the December 2015 Village Board meeting can be viewed here.
Despite the commission’s best efforts to enforce Village Code, apparently Don Schuman met with the homeowners sometime in May, and issued a letter stating they would only have to replace 36 trees, thus overriding the Plan Commission’s ruling. It is unknown whether Schuman consulted with any Village official prior to doing so, but according to news accounts, he has no such authority.
Dickson and Kaplan recommended the Village Board settle on replacement of 48 heritage trees in order to settle the legal action brought against the Village by the homeowners. By a vote of 5 to 1, the board, very reluctantly, approved this offer given the position Schuman’s unauthorized letter had put them in.
We highly recommend readers listen to the brief recording of this discussion and vote by clicking here.
The board then moved on to the original purpose of the special meeting, which was to approve appointments to the Zoning Board of Appeals, Plan Commission, Equestrian Commission, Board of Health and the Heritage and Environs Committee. With few objections from Trustee Gohl (Trustee Mike Harrington was absent), all nominees were approved.
The link to the menu of topical recordings from the full June 8th Village Board meeting can be accessed here.