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Archive for the ‘Save 5 Acres’ Category

The Village has released audio recordings from the December 9th meeting of our Board of Health.  The menu to the topical recordings from the meeting can be accessed here.

The Board of Health has recently been researching the topic of horse density, not only as it pertains to boarding, but in general within the Village.  Bob Kosin has reached out to a faculty member at the University of Illinois who is interested in providing her expertise in the matter, but the earliest that she can meet with the Board is January.

As a result, members of the Board of Health unanimously voted to request that the Village Board delay their vote on the Anderson horse boarding amendment until such time as they could provide their recommendation on horse density based on input from someone with expertise in equine science.   A direct link to that discussion and vote can be heard here.

Despite the Board of Health’s request, Trustee Harrington chose to not mention this fact when he spoke at great length at the special Village Board meeting earlier this week even though a memo from the board’s chair was actually included in the packet Trustees had in hand prior to the meeting (click here to view the memo) .

Harrington is the designated liaison to the Board of Health, but he hasn’t attended their meetings for at least three months when the issues relating to horses were discussed.  Harrington has repeatedly characterized the board’s advice on horse density as “agnostic” with no data available to them, and failed to relay that they were waiting on consultation with an expert who could give an unbiased scientific analysis.

Perhaps someday he can explain his lack of attention to the Board of Health and why he’s turned deaf a ear to them.  He owes it to them and residents.

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Oakwood Farm Operation

Angry landowners in Barrington Hills heckled village trustees Monday night who voted to approve a controversial measure regulating horse boarding in the affluent equestrian community.

Dozens of residents — the majority seemingly against the measure — packed a meeting room at Countryside School to hear the vote, which opponents said will open the door to large-scale commercial horse-boarding enterprises and mar the pastoral feel of the village.

Read more from the Chicago Tribune here.

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Serious QuestionThe Village has released recordings from the December 8th Plan Commission meeting.  The link to the topical recording segments from the meeting can be accessed here.

During last Monday evening’s meeting, the Plan Commission discussed the Anderson horse boarding text amendment approved by the Zoning Board and voted to ask the Village Board if the commission members could review the Anderson amendment as it relates to the Village Comprehensive Plan at their January meeting.

The chair asked Mr. Kosin when our Village Board was scheduled to vote on Anderson’s amendment, but Kosin couldn’t or wouldn’t answer, even though Trustees Fritz Gohl and Karen Selman had purportedly requested that a special meeting of the Village Board be convened on December 15th earlier that very same day.  (Their letters can be viewed here).

A commissioner then asked what would happen if the Village Board scheduled a vote on the amendment before their January meeting, and the chair replied, “We would ask the board to delay their vote.”   The link to that exchange can be found here.

Trustee Gohl attended this entire meeting.  As a matter of fact he testified during the public hearing (click here to listen).

If he had submitted his letter earlier that day requesting a special board meeting to vote on the Anderson amendment, then why did he withhold that information and not speak up to inform the Plan Commission members when the vote would take place?  Had he done so, the chair could have possibly motioned for a special meeting of the Plan Commission later last week to review the Anderson amendment prior to the clearly accelerated vote tomorrow night by the Village Board.

We find this to be very troubling, and we believe residents should too.  Were Gohl and Selman’s letters actually submitted on December 8, or were they backdated to reflect their intentions to submit them that day?

We’ll leave it to readers to decide.

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The Village has released recordings from the December 3rd Zoning Board of Appeals public hearing regarding the Anderson horse boarding text amendment proposal.  A link to the very general menu of topical recording segments can be found here.

Thirteen residents made public comments regarding the amendment, though one resident was allowed to speak at both hearings so there were fourteen total comments.  Another person’s honest perspectives on the current situation and the Zoning Board’s actions are shared by many residents.  His comments can be heard here.

Twenty-five residents submitted written comments prior to the hearing.  A consolidated copy of their comments can be downloaded here.

While the number of favorable comments, written or oral, were slightly higher than those who found issues with the amendment, there was a distinct difference between the two groups, and that is their explanation for their stand.

Those in favor primarily wrote a single sentence generally stating, “I support the Anderson amendment,” with nothing more to substantiate why they supported it.  Those opposing the amendment were much more specific in their objections including matters such as:

  • Extended hours of operations
  • Horse density allowed
  • Lack of original Home Occupation Ordinance protections
  • Tax burden shifts due to agricultural designation
  • The rush to a decision and potential legal consequences, and
  • Accessory buildings that can exceed the size of the residence, etc.

As to the last point, during discussion, both Village Administrator Bob Kosin and ZBA member Kurt Anderson, after lengthy dialog, conceded that under the amendment, a person could purchase a five-acre parcel and build a 2,000 square foot residence and an 8,000 square foot barn with no special use permit.  Under the current codes, this is not allowed.

When discussion turned to the specific questions that the Village Board posed to the Zoning Board back in September, as we suspected, there are still unanswered questions including a comparison of the Anderson amendment and the others presented by residents.  A link to that discussion can be found here.

When discussions ended, Anderson motioned to approve his proposed code changes, noting some further changes he had recently made, some of which some board members had not seen prior to the meeting.  That recording, beginning with the prior vote on the findings, can be heard here.

To anyone who has attended meetings, listened to recordings or read transcripts, it is abundantly clear some members of the Zoning Board were never able to think beyond their conflicted views, nor were they able to consider viable options to satisfy all Barrington Hills residents.  We believe this is because no proposal they could draft could ever pass without including one large commercial boarding operation: Oakwood Farms.

Throughout their many meetings and public hearings, had they been able to step out of their conflicted shoes and be objective representatives of the community, the solution to satisfy all residents– but one–was staring them right in their faces.

Non-equestrian residents fear new commercial boarding operations springing up next door without the protection of the special use permit process.  Equestrians fear longtime boarding operations are in jeopardy without new regulations.  The solution to satisfying all residents was successfully accomplished with the contentious Exterior Lighting Ordinance (ELO) just a few years ago, and it was included on one of the dismissed proposals from a resident.

The Village should require a special use permit for any new boarding facilities over a certain size going forward in our codes.  This will satisfy non-equestrian residents.  The Village can then exempt any existing boarding facilities that have had no complaints from the Village or from residents from the special use requirement.

Readers, regardless of their views, should see the logic in this fair approach benefiting all concerned.  After all, has anyone heard of any complaints about the ELO at meetings since it was passed?

We haven’t, but as much as this approach to commercial horse boarding makes sense, it won’t halt a matter of private litigation between two residents which is already in court, and that seems to be the only goal of some members on our Zoning Board and of the majority of our Village Board who are most certainly poised to approve the Anderson amendment Monday night.

–     The Observer

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The Village has recently announced that a special Village Board meeting called by Trustees Gohl and Selman will take place at Countryside School Monday, December 15th, beginning at 7:00 PM.  The sole purpose of the meeting is to vote on the latest Anderson horse boarding text amendment.

Clearly, some Trustees cannot wait until the regularly scheduled December board meeting on December 18th, just three days later, to vote on the amendment.  Furthermore, whoever set the agenda has placed public comment after the vote on the amendment, so we urge residents to send their comments regarding the amendment via email to the Village Clerk at clerk@barringtonhills-il.gov or by fax to 847-551-3050 no later than 7:00 PM this Saturday.

A copy of the Trustees agenda can be downloaded here or viewed via the Village Google calendar here.

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The Village has posted recordings from the December 2nd Zoning Board of Appeals public hearing held at Countryside School.  Unfortunately, Village Hall staff have chosen to release the recording, without breakdown by speakers, so we’ve created topical links for readers who might be interested in specific areas of discussion.

The first recording segment is that of Bob Kosin presenting the Anderson Commercial Horse Boarding Text Amendment proposal and that can be heard here.

Mr. Robert Kunz, Algonquin Township Assessor, was the first guest to provide his perspective on the Anderson amendment and any effect it might have on Village property tax revenues from McHenry County as it relates to Agricultural use designation.  A link to his perspectives and discussion can be accessed here.

Readers should note that the minimum acreage requirements for McHenry County for agricultural use designation are not indicative of all four counties comprising Barrington Hills.  For example, McHenry County requires a minimum of ten acres while Cook County requires six.  Additionally, the requirements for documenting agricultural use vary among the four counties, so Mr. Kunz’s testimony is unique to McHenry County.

The next guest to speak was Constantine Savoy with Teska Associates, a consulting firm retained by the Village in 2008 to assist with the creation and maintenance of the Barrington Hills Comprehensive Plan.  His testimony can be heard here.

Teska Associates has assisted other equestrian friendly communities in the Chicago area with development of their comprehensive plans such as Mettawa and Wayne to name a few.  However, in his introductory remarks, Mr. Savoy indicated he was given guidelines on what his “role” was for his testimony.  He later stated he was not aware of any community that had horse boarding codes like those proposed in the Anderson amendment.

The last person invited to speak before the board was Don Schuman, Code Enforcement Officer for Barrington Hills.  The link to this discussion can be found here.

During his testimony, he stated his concerns regarding:

  • Accessory buildings exceeding the size of the primary dwelling
  • Apparent lack of building permit requirement for agricultural designated properties
  • Retroactivity of the amendment as it relates to property owners that have been restricted in the size of proposed accessory buildings since June of 2006, and
  • The lack of definition of “traffic should be reasonably minimized” as far as enforcement

Subsequent questions from the board members and audience members related to setbacks, building height limitations, insurance requirements, etc. also uncovered more potential concerns including the enforcement officer’s ability to differentiate boarded horses from those owned by the property owner.  Further, when questioned about his preference regarding special use applying to boarding instead of the amendment, he stated he preferred special use.

Toward the end of his testimony, Schuman was questioned about his knowledge and involvement in the issuance of a letter to the owners of Oakwood Farm dated March 15, 2011, with his name declaring that that boarding operation was compliant with the then current Home Occupation Ordinance as it pertains to boarding.

The link to that recording, including Zoning Board Chair Judith Freeman’s objections to that line of questioning, can be accessed here.

It is clear from the full meeting recording that there are many questions regarding Anderson’s latest horse boarding text amendment proposal left unanswered from the three guests who had been invited to provide their expertise.  Yet the very next evening, at December 3rd Zoning Board public hearing, the Anderson amendment proposal was approved for submission to our Village Board by a vote of 4-2.

Perhaps the release of the recordings from that second public hearing will shed more light on those unanswered questions, but we have our doubts.  The link to the menu of the full meeting recordings can be found here.

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Despite concerns expressed by many residents and the Village Code Enforcement Officer, Don Schuman, and the fact that some questions posed to the ZBA by the Village Board members remain unanswered, the Zoning Board of Appeals approved the Anderson amendment by a vote of 4-2 last night.

We’ll have much more on this when the audio recordings are released.

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Due to time restrictions on the meeting room at Countryside School, the Zoning Board of Appeals only managed to hear from a few residents last night during the public hearing on the latest Anderson horse boarding text amendment proposal.  The public hearing process will continue tonight beginning at 7:30 PM at Countryside for those residents who did not speak or couldn’t attend last night’s session.

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Tomorrow evening the Zoning Board of Appeals will meet to vote on the latest Kurt Anderson horse boarding amendment proposal that will be subject to a public hearing tonight at 7:30 PM at Countryside School.

A copy of their agenda can be downloaded here or viewed via the Village Google calendar here.  This meeting will also take place at Countryside beginning at 7:30 PM, and readers should take note that public comment will be allowed prior to the discussion and vote on the amendment by the board for those who cannot attend tonight’s public hearing.

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Oakwood Farm Operation

The latest horse boarding text amendment proposal prepared by Kurt Anderson will be subject to a public hearing before the Zoning Board of Appeals on Tuesday evening.  We’ve previously documented most of the highlights of his proposal and those can be viewed in a previous article here.

We take exception to many aspects of this latest proposal, including:

Expanded operating hours:  Employees are permitted to work from 6:00 AM to 9:00 PM, including weekends.  Boarding customers can make use of the facility or receive training from 7:00 AM to 8:30 PM every day, and it can be assumed most of the work and training will occur outdoors most of the year.  Machinery can be used from 7:00 AM to 9:00 PM.

These far exceed the current hours generally prescribed under the Home Occupation Ordinance allowed of 8:00 AM to 8:00 PM.

Horse density: While Anderson’s proposal has limits to the number of boarded horses to 2 horses per acre on ten or more acres to one on smaller properties, it still doesn’t limit the total number of horses allowed on any R-1 property.  This differs significantly from nearly all “equestrian communities” in the Chicagoland area and horse rescue organizations where a limit of one horse per acre, boarded or owned, is enforced, and when it comes to differentiation, how is the Village zoning officer to discern a boarded horse from one that is owned?

Comprehensive Plan adherence:  ZBA chair Judith Freeman expressed her vehement desire that any amendment to the horse boarding and keeping codes support the Village Comprehensive Plan.  Excerpts from the plan related to keeping of horses include:

  • “Keep the size of intensively used areas [for horses] small to help reduce the volume of polluted water.”
  • “Avoid soil compaction and excessive removal of vegetation by timing the use of pastures and controlling the number of horses.”

Anderson’s proposed amendment will not address these issues, since there are no guidelines for the overall ratio of space to be used for horse keeping compared to the gross property acreage.

Retroactivity:  Anderson’s amendment calls for retroactive application if enacted to June 26, 2006.  Clearly this seems to be for the benefit of one large-scale boarding operation currently involved in litigation with its neighbors, namely Oakwood Farm.

Public interest: Three other boarding proposals submitted by residents were dismissed a vote by the Zoning Board, ostensibly because they did not represent the good of the public interest.  They were the Drury, Elder/Riding Club and Hammond proposals, and Anderson initiated motions to dismiss all three.

We’d like to remind Mr. Anderson, members of the Zoning Board and our readers of the results of our 2012 resident survey when we asked participants what their motivation was to move to Barrington Hills:

Click on image to enlarge

Click on image to enlarge

The overwhelming response to this survey question was open spaces drew residents to Barrington Hills.

Yet the Anderson amendment allows for the size of the stable or barn to exceed that of the dwelling to maximize capacity for horses, thus, presumably increasing the fenced area of a typical five-acre property.

A quarter of respondents moved here for privacy.  Anderson’s amendment will only protect those property owners for nine hours a day per year.  The rest of the day, neighbors will be subjected to customers and employees of the boarding businesses with no recourse.

Thirteen percent stated they moved here to keep horses.  (And should anyone question the response opinions, a link to the 2012 open survey was sent directly to every Riding Club of Barrington Hills resident member from their directory of that year.)

So, where must we go from here and what conclusions do we have?

Our Zoning Board needs to stop rushing to quick, reactive fixes benefiting a minority of commercial horse boarding facilities, whether the fixes are meant to help with their private legal matters or to eliminate uncertainty of their futures, perceived through misinformation.

Further, the ZBA either needs to rely on the vast, pragmatic information that has been submitted to them by residents, or to do research using their own resources or those of the Board of Health, Plan Commission or an independent ad hoc body to provide balanced guidance.

In other words, a sound approach needs to be taken, beginning with creating a process that will ensure the resulting codes are supportive of the Comprehensive Plan, and more importantly, one that all residents can live with.  Failure to do so will only protract this divisive issue in our Village for years to come.

–     The Observer

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