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Archive for the ‘Barrington Hills Farm’ Category

Audio recordings from the December 7th special meeting of the Board of Trustees have been posted to the Village website.  To access the menu of recordings edited by agenda item, click here.

The meeting began with an announcement that the James J. Drury commercial boarding text amendment which was on the agenda for the meeting had been formally withdrawn earlier in the day, so no discussion or vote on that agenda item would take place.

Prior to public comments, the chair announced that the standard three minute limit rule on comments would be adhered to, as can be heard here.

Multiple Zoning Board of Appeals hearings had been held where residents had ample opportunities to speak as long as they wished, and it was noted that the public had been given significant latitude in their remarks, and that the Board of Trustees had reviewed the recordings and/or transcripts from those meetings.

Despite this, the first person to read public comments obviously decided that these established rules for public comment don’t apply to him.

The developer of Barrington Hills Farm had submitted written comments to the Board of Trustees, which were available to all in attendance, prior to the meeting.  Yet he chose to read them in their entirely anyway, in a self-serving speech lasting well beyond three minutes, choosing to ignore two polite requests from the chair to conclude his remarks as can be heard here.

Obviously some feel they are more important than others, but the fact is this person was not only disrespectful to the Board, but more so, to the many residents in attendance who took their personal time to listen to what the Board of Trustees had to say about the Zoning Board’s recommendation on commercial horse codes.

Seven other residents made comments, for and against, regarding the Zoning Board recommendation, and one used her time to comment on the Longmeadow Parkway Project.

Prior to the board beginning discussion on the Zoning Board recommendation, the chair asked Village Attorney Mary Dickson to weigh in on the validity of the “construct” of the form letter statements the Barrington Hills Farm Developer had been mailing to residents for months apparently in the hopes of amassing sufficient response to require a “super-majority” vote by trustees to pass an amendment nullifying the Anderson II commercial boarding code.

Counsel stated she’d seen a number of the petition statements, and her preliminary opinion was they didn’t satisfy the statuary requirements of our Village Code, and therefore, a super-majority may not be required.  The recording of this discussion can be heard here.

When discussion began, President McLaughlin invited each board member to provide their opinions on the recommendation before them before the Zoning Board.  To listen to each member’s viewpoints in order of presentation, click on their names highlighted below:

We recommend listening to the remarks made by all board members, particularly those made by President McLaughlin.  His uncharacteristically candid, off-the-cuff comments will resound with most residents, reminding them why he was elected, so please take a few minutes to listen.

When the vote was called, five board members voted to approve the Zoning Board recommendation to repeal Anderson II, and two opposed, thus making any debate over the number of votes required due to questionable petitions moot, as a super-majority was achieved.

The next Village Board meeting is scheduled for Monday December 19th.

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The Board of Trustees will be holding a special meeting tomorrow evening beginning at 6:30 at Countryside Elementary School.  The topics to be considered and voted upon are two amendments to the recently enacted commercial horse boarding codes as follows:

  • James J. Drury Text Amendment
  • Zoning Board of Appeals Text Amendment

The Zoning Board of Appeals has held a total of eight meetings on these matters since June, including lengthy public hearings.  This board voted to not recommend the Drury Amendment, however they did vote to recommend the second text amendment which would essentially repeal the LeCompte/Anderson II commercial horse boarding codes passed last year. 

We recommend all interested residents attend tomorrow night’s meeting.  A copy of the agenda can be viewed here.

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Audio recordings from the November 17th meeting of the Board of Trustees are available on the Village website.  To access the menu of recordings, click here.

The meeting began with a public hearing regarding some minor adjustments to the 2016 Annual Appropriation Ordinance related to telephone equipment leases.  No one from the public spoke, and the board later approved the changes.

Three residents made remarks during public comment encouraging the board to continue their efforts in opposing the Longmeadow Parkway Project.

The preliminary budget for 2017 was discussed during the finance reports, and expenses are once again forecasted to be down for the third year in a row.  The recording of that discussion can be heard here.

The Building and Zoning report revealed that a run-down home on Steeplechase Road that has been the subject of board discussions dating back for many years has finally been demolished.

With regard to other ZBA matters, it was explained that the reason the board was not taking up the November 9th recommendation of the Zoning Board of Appeals regarding boarding codes was that the transcript and “finding of facts” report provided by counsel had not been prepared yet.  Since that time, a special meeting of the Village Board has been scheduled for December 7th for this purpose.

The discussion then turned to an agenda topic titled, “Unincorporated & Boundary Properties Discussion,” and the subject became clear once Trustee Konicek began to provide background on why it was included.

It seems “rumors and fear-mongering” are being spread through the community regarding a developer’s plans to build a facility for HARPS in unincorporated McHenry County adjacent to Barrington Hills.  Apparently, people are being told the Village Board had taken an opposing stance towards the facility being built or that permits have been denied.

None of this is true, of course, but apparently these rumors and more stemmed from, among other communications, a recent letter sent to the Village by the developer. Konicek asked Trustee Cecola, Dan Strahan and Bob Kosin, all of whom have met with the developer, to join in the discussion to set the record straight, as can be heard here.

We’ll see about obtaining a copy of the letter, but it’s senseless how this pettiness continues to obstruct the forward momentum for our community our Village officials have strived to generate.

The next regularly scheduled meeting of the Board of Trustees is scheduled for December 19th.

 

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Audio recordings from a special Zoning Board of Appeals public hearing on November 9th are available for review on the Village website.  The link to the menu of audio recordings edited by agenda topic can be accessed by clicking here.

The purpose of the meeting was to hear testimony from residents regarding a proposed change to zoning codes returning commercial horse boarding to the Home Occupation Ordinance temporarily to provide the Zoning Board members time to craft more appropriate codes than those in the 2015 Anderson II codes.

Residents spent about two hours providing testimony with varying opinions, both for and against, regarding reverting to the Home Occupation Ordinance.

The developer of Barrington Hills Farm in unincorporated McHenry County read a prepared statement, after which he was once again asked to document the “clique of area residents associated with high density commercial housing development,” he referred to in a letter to all Village residents last July (seen here).

Once again, this witness refused to provide that documentation as can be heard here, but listening closely to his initial response to the question, one can hear, ”There’s no documents.”

The balance of the testimony provided little new evidence the board hadn’t already heard since they began this process back in June.  The link to the beginning of the remarks can be accessed here.

The board spent about 45-minutes discussing the testimony they’d heard and expressing their own opinions regarding the Anderson II code and what should be done with it.  This was in addition to the nearly three hour meeting they’d held on October 17th covering this same topic.

One member referred to it as a “loaded gun sitting on a chair” on more than one occasion.  Others phrased their concerns over the Anderson II language differently, but ultimately the board voted 6-1 to recommend the Board of Trustees repeal Anderson II and reinstate Home Occupation Ordinance codes to manage horse boarding operations.

The recording of the discussion and vote can be accessed here.

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In the summer of 2014 when the then Zoning Board of Appeals was considering four proposals for amending commercial horse boarding codes, we pointed out how four members of the board at that time had potential conflicts of interest (see “Conflicted”), particularly since one of the proposals was from a private riding club to which the four belonged.

However, what we were unaware of at that time is that an attorney on the Zoning Board, for which the current commercial boarding code was named, has been preparing IRS tax filings for the Riding Club of Barrington Hills since at least 2004.  In fact, just a month before the Riding Club submitted their proposal in June of 2014, this Zoning Board member prepared the 2013 IRS form 990 for the Riding Club as seen below:

(Click on image above to enlarge)

(Click on image above to enlarge)

A complete copy of the 2013 Riding Club tax return can be viewed here,  and historic returns dating back to 2004, including the most recent one filed this year, can be accessed by clicking here (once you access the site, click on the “Tax Documents” tab to view all available filed returns).

Had we been aware of this professional business relationship at the time the Zoning Board was considering adopting new horse boarding code, we would have made residents aware.  This appointed official did not volunteer this information for consideration by the board or counsel before or during the proceedings.

We believe this may be one more reason for the Board of Trustees to concur with the current Zoning Board of Appeals recommendation and vote in favor of repealing the Anderson II codes.  At least then, the current Zoning Board members can begin with a clean slate.

-The Observer

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The Zoning Board of Appeals will be holding a special meeting this evening at 6:30 PM at Countryside Elementary School to hold a public hearing on a text amendment proposal to the Village zoning codes related to commercial horse boarding.

A copy of the proposed text amendment can be viewed here, and a copy of the agenda for the meeting can be viewed here.

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Audio recordings from the October 17th regular monthly meeting of the Zoning Board of Appeals held at Countryside Elementary School have been posted to the Village website.  The link to the menu of recordings edited by agenda topic can be accessed here.

Six people made public comments, though three of them were allowed to speak twice, causing the public comment portion of the agenda to last about 45 minutes (and since the chair was very liberal when it came to the traditional 3 minute time limit per comment).

The developer of Barrington Hills Farm (BHF) was the first to ask to speak for a second time, but before he began his additional remarks, the chair asked him a question:

“In a letter you sent out to the entire village a month or two ago [seen here], in the letter there’s a statement that ‘some months ago a clique of area residents, a clique of area residents associated with high density housing development initiated a subtle but strategic campaign to defeat and dismantle the statutory defenses that preserve the character of the village of Barrington Hills.’  What were you talking about?”

The speaker replied, “There is a [sic] intentional direction at undermining and changing the village’s comprehensive plan.  To change the comprehensive plan will change the density allowances for construction going forward.”

When asked for further definition of specifically whom the speaker was referring to in his letter, after some obfuscation he stated, “I’m not one for circulating misinformation.  I will document it.”

We’re looking forward to it, as we’re confident our readers do as well.  In the meantime, we highly recommend readers listen to this candid exchange by clicking here.

The second resident to speak twice (and who also happens to be involved in the BHF development) offered to answer the chair’s question.  He stated:

“The question as I understood it, and I think it is a legitimate question, is basically is there a group that is trying to change the comprehensive plan, and are they meeting.  And I can tell you categorically yes they are meeting, and here’s the change that is contemplated.

The change, and this is documented in written communications that’s been sent out on The Observer, which I think you write [apparently referring to one of the ZBA members], and in other publications, that basically we want to alter the characterization of Barrington Hills from an equestrian community to a residential community.

Now, as Mr. Stieper knows, and as probably everyone on the board knows, changing that characterization from an equestrian community, which has been embedded in the comprehensive plan since the beginning of Barrington Hills, and as I said at a previous meeting, uh,  I was there at the start with the founder of Barrington Hills as an equestrian community.”

We recommend readers listen to this speaker’s full remarks as well as his dialog with board members by clicking here.

We also look forward to his commitment to follow up on his statements with documentation, particularly as they relate to Barrington Hills comprehensive plans.  A searchable copy of the 1978 Comprehensive Plan that was in place for 27 years can be viewed and downloaded here, however it is devoid of anything remotely substantiating his claims.

Prior to the chair closing public comment, a ZBA member questioned the clerk regarding the procedure for timely inclusion of written comments in document packets to board members prior to meetings, since one submitted the morning of the meeting was excluded, yet another from that afternoon from the BHF developer was.  The recording of that exchange can be heard here.

Recordings of all public comments made that night can be heard by clicking here, however, the first speaker is nearly inaudible.

When public comment concluded, the board began nearly two hours of discussion regarding the proposal to repeal Anderson II/LeCompte Anderson codes and revert back to Home Occupation Ordinance oversight of horse boarding facilities as an interim step before pursuing brand new codes addressing all scales of facilities in Barrington Hills.

The chair seemed to follow a rather “belt and suspenders” path throughout the discussion sometimes asking the same question of members two times.  Perhaps he considers this being thorough, but in no instance did he receive a different response to the second question than from the first.

Member Stieper provided his thoughts when asked about the deficiencies in the Anderson II language after which he asked Bob Kosin, Village Administrator, for his opinion regarding his account, particularly as it related to Floor Area Ratio codes for the primary residence on a property versus an accessory structure such as a boarding barn.

Kosin stated, “The floor area requirements are, ah, are established and they do reflect a residential basis and they’re cumulative.  So essentially what you are, um, saying is that the existing bulk regulations, the existing bulk regulations, do not give you sufficient guidelines to regulate what you’re attempting to address as large-scale commercial boarding. 

So you have a use before you and you have a series of tools in the tool box, in the zoning tool box, and the existing standards, whether it be setback, or the floor area ratio, is insufficient as a matter of right to curtail some type of jeopardy to the adjoining property owners or the community as a whole.”

Granted, we are not fully fluent in “Kosin-speak,” however we believe we understand what he is politically treading lightly on with his response as we illustrated in, “Why Anderson II must go.”  Mr. Kosin’s remarks can be heard here.

When the roll was called two of the five Zoning Board members present voted against advancing the proposal to repeal Anderson II and three voted in favor.  A public hearing on the matter when testimony will be under oath was then scheduled for November 9th at Countryside Elementary School beginning at 6:30 PM.

The agenda and documentation will be published here when available prior to the meeting.

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phantom-developer-costume-2

Following are some of the articles published by The Observer for the month of October in recent years. These articles, gathered from various publications and editorials, are noteworthy for residents in that they remind us of where we’ve been as a community.

August 2011 Village Board minutes posted – 2011

Excerpt from ZBA report: “Three members of the Zoning Board of Appeals, Judith Freeman, Karen Rosene and Kurt Anderson, joined the Board of Trustees in the discussion of commercial boarding.  Ms. Freeman submitted a draft ordinance document regarding commercial boarding and wanted comments back from the Board of Trustees. The ZBA has proposed suggested [sic] a Special Use Permit if boarding ten or more horses.

Trustee Messer felt the Village has no overcrowding issue and we should address the issue when it comes up.  Trustee Meroni felt a Special Use Permit was an unnecessary burden.   Trustee Selman stated that horse boarding should be under Home Occupation.” (see Flip, Flop : What changed your minds Trustees Messer, Meroni and Selman?)

Complete minutes from the August 2011 Village Board meeting can be viewed here.

Developer to sell McHenry County land near Barrington Hills – 2013

A 602-acre property, most of which was disconnected from Barrington Hills during a long, intense legal fight that began early last decade, is being put up for sale by its would-be developer.  The Fritz Duda Co. is asking for $17 million for the jaggedly bordered undeveloped land at Spring Creek and Haegers Bend roads in McHenry County, along Barrington Hills’ border with Algonquin.

Read the Daily Herald story here.

Glimpses back in time at the heritage of Barrington Hills – 2015

VBH Area Map Circa 1940In the years since The Observer began, we’ve been fortunate enough to accumulate some information on the rich history that occurred before and after Barrington Hills was officially incorporated in 1957.  Today seemed to be an appropriate time to share what we’ve discovered with our readers in advance of the third annual Barrington Hills Heritage Fest taking place tomorrow.

Some time ago, a reader shared a map with us depicting what life was like in this area in 1940, and it’s quite a unique contrast from the village we now live in today.

Revisit this well-read article from last year by here.

To settle, or not to settle, that is (not) the question – 2015

We’ve had the opportunity to listen to the recordings from the September 23rd Special Village Board Meeting to hear public comment on whether to settle a suit filed against the Village over the Recent Commercial Horse Boarding code amendment.  Additionally, we’ve read all the published written comments which were submitted (seen here).

Thirty-nine people provided comments for the board to review.  None of them criticized horses, nor did they call for banning boarding in Barrington Hills.  No one called for existing horse boarding operations to be shuttered, and not one complaint was voiced against a neighboring barn, so it’s fair to say current boarding operations (save for one) are not in peril in Barrington Hills based on this small sampling.

Read the original Observer editorial here.

-The Observer

*See “WARNING: Beware of phantom developers!” for more on this year’s Halloween costume of choice among Barrington Hills youths.

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The Zoning Board of Appeals will hold their regular monthly meeting Monday evening, October 17th, at Countryside Elementary School beginning at 6:30 PM.  A copy of the agenda can be viewed here.

The ePacket agenda containing documents to be discussed by the board can be viewed and downloaded here.

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Dear Neighbors and Friends,

We hope this editorial finds you and your family in good health and enjoying the fall in Barrington Hills, because if the Anderson II horse boarding and training codes remain in effect much longer, those pleasures may become a thing of the past.

Anderson II (or as we’ve termed it, LeCompte/Anderson) established a privileged class of properties within our Village with zoning code variances available to anyone boarding horses, whether it’s one or dozens.  We’ve chronicled that before in these pages (see “Our views on the latest horse boarding text amendment proposal”), but the most flagrant flaw is that now the largest structure on any Barrington Hills property can be a barn, not the primary residence, as has been the tradition for decades.

To illustrate how far just this one loophole can be taken, we found a 5.01-acre property actively on the market in the unincorporated Barrington area as an example:

under-anderson-ii

Anderson II proponents will be the first to claim this would never happen, or if it did, it would be extremely rare, but sensible zoning codes are enacted to protect residents from exceptions such as this, and that is what our Zoning Board is currently considering.

Despite the many flaws in Anderson II, there are some in our community who have been lead to believe its repeal will mean the end of horse boarding entirely in Barrington Hills, or at least they claim that’s the intent of the Zoning and Village Boards. It is NOT. 

If this were true, why did the current administration approve a twenty-year extension of the special use permit for polo matches, including the Kalaway Cup, at Oakwood Farm?  This administration also approved construction of recently debated indoor and outdoor polo fields at the corner of Algonquin and Old Sutton Roads.

Ever since the Zoning Board began considering a petition to amend horse boarding codes earlier this summer, there has been a flurry of direct mail, blog postings and social media campaigns intended to stir up the equestrian community, and others, within and outside our community.

In addition, one seemingly well-funded resident sent a book with pretty pictures and stickers to residents for no apparent reason other than to confuse matters further.  We will tackle that in a future piece, but this unsolicited gesture has most residents we know scratching their heads wondering why it was sent and for what purpose other than political. 

If these campaigns have served any purpose, it’s to confuse residents.  People who have backyard boarding businesses have been led to believe they will be shut down in favor of large-scale boarding operations that threaten their businesses, while large-scale boarding operators believe the opposite is true.  From what we’ve witnessed, neither is true.

We understand how some horse owners can get emotionally charged whenever changes are being considered that may or may not affect them.  There’s no denying, some are so passionate about their horses, it’s almost an obsession, and there’s actually a term for it – Hippomania.

At one time, or throughout one’s life, we all can become passionate about something.   We will defend anyone’s right to be passionate about horses, so long as they don’t impose it on neighbors and friends, which is exactly what Anderson II enables.

We also don’t condone these people being manipulated and misled by fellow equestrians, politicians and developers, and it appears that is exactly what is occurring again in our community, much the same as when people were told polo matches would end during the last election campaign (see “Polo politicking – SOS Party style”).

Yes, the Zoning Board of Appeals is considering recommending repealing the Anderson II codes and reinstating the Home Occupation Ordinance (HOO), as the most recent mailing to the proletariat from a “Neighbor and Friend” on a hilltop stated (a copy can be viewed here). 

What was purposely omitted from that communique is the board is doing this as a temporary measure to get the exposure Anderson II has created off the books, so that sound and equitable codes can be drafted to protect the interests of all residents.   

Considering the integrity demonstrated by those now serving on the current Zoning Board, this seems to be the fair and proper direction to pursue, and we believe the quiet majority of residents agree.

-The Observer

Editor’s note:  Anyone wishing to listen to the audio recordings of recent Zoning Board meetings can do so by accessing our archive of releases by clicking here.

 

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