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Archive for the ‘LeCompte/Anderson Commercial Horse boarding amendment’ Category

The Village has released audio recordings from the August 15th Zoning Board of Appeals continued public hearing regarding proposed amendments to commercial horse boarding codes.  The menu of edited recordings by agenda topic can be accessed here.

Before the hearing began, Dr. Gwynne Johnston, chair of the Board of Health, made a brief presentation on the board’s positions on horse boarding and well water quality.  A copy of his presentation can be read here, or the audio recording can be heard here.

The Board of Health has begun a long-term study of water samples from nine wells throughout the Village, beginning with baseline sampling for long-term tracking of any changes to water quality, due to any number of factors, including horse keeping and boarding.

While their focus has been on “sub-surface” water, however, Gewalt Hamilton has been studying the Flint and Spring Creek waterways in Barrington Hills, and their February 2016 report to Bob Kosin, Village Administrator, indicated water testing levels above acceptable limits for fecal coliform, phosphorus, etc., as depicted below:GH Creek Water Testing

A copy of the complete Gewalt Hamilton surface water testing report can be viewed here.  We suggest that the Board of Health participate in this ongoing study as well, since it’s unclear what Mr. Kosin does with these reports.

The next person to speak was John Blackburn of Blackburn Architects, the firm that designed the proposed HARPS facility in unincorporated McHenry County for the developers of Barrington Hills Farm.  The chair allowed him to speak next since he was purportedly scheduled to return to Washington, D.C. (However, he remained in attendance for the entire meeting.)

Blackburn provided a summary of his experience and his philosophies for designing equestrian facilities which must include the health needs of the horse, the needs of the owner and must meet the demands of the site where the facility is to be built.

At no point did he mention consideration of surrounding properties.  Similarly, his design of the HARPS facility calls for parking stalls for ten horse trailers near a northern border of the development  — closest to the neighboring Barrington Hills residential properties, as seen here.

When Blackburn concluded his remarks, a ZBA member asked his opinion on how much space is needed for horses in order to have a “successful horse facility?”  Blackburn responded, “Generally the rule of thumb is an acre per horse,” but stressing that each property is different.  That exchange can be heard here.

Later on, Blackburn was asked the same question, but with more qualifications such as if the horse is fed grain and other nutrients such that they aren’t reliant on grazing on grasses for sustenance, would his one acre rule of thumb apply, and he answered with a qualified “yes” as can be heard here.

When the public hearing was opened, the first person to speak was the chairman of Barrington Hills Farm.  During his testimony, he stated, “Barrington Hills Farm invested significant money and effort based on the village’s identity as an equestrian community and the current ordinances in the village code.”

By “current ordinances,” we assume he referred to the LeCompte/Anderson code.

He went on to state, “Both the village’s longstanding image as an equestrian community and Barrington Hills Farm’s purpose in acquiring land in Barrington Hills will be devastated by the proposed amendment.” Both statements can be heard here.

When a board member asked him when the Barrington Hills Farm property was purchased, he replied, “I don’t have an exact date.”  When asked if it was prior to 2015, he responded, “Oh, hell, I don’t know.”  The recording of this exchange can be heard here.

The McHenry County records show most, if not all, of the property titles that make up Barrington Hills Farm were transferred on September 29th and 30th of 2014.  One can assume negotiations and closure of the sale of those properties occurred at least a month or more prior to those dates.

The LeCompte/Anderson horse boarding code was not approved by the Zoning Board of Appeals until early December of 2014, and it was not passed by the Board of Trustees until February of 2015.  As a matter of fact, in early September of 2014, the Zoning Board was still considering four separate boarding text amendments before them from four residents according to records.

And, as we’ve previously written, most of the 602 acre Barrington Hills Farm property is in unincorporated McHenry County, and Barrington Hills codes do not apply to the present or future development plans of his organization.

The balance of the nearly two and a half hour meeting revealed nothing new to report.  It was too much more of “he said, she said” banter that’s really unproductive, so much so, that even those in the audience who are allies of a given speaker are even telling them to sit down.

What is clearly evident is some in our community are attempting to stall the progress of the Zoning Board, and most are now becoming weary of it.  We’re aware of why some are stretching this out, and we’ll be reporting the reason at a future date.

In the meantime, the next meeting of the Zoning Board is scheduled for Tuesday, August 30th at 6:30 PM at Countryside Elementary School.

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detective-with-magnifying-glass-1The Village has added one hundred and fifty-three pages of testimony documents to the public information package being considered by the Zoning Board of Appeals since their hearing last Monday regarding a proposed amendment to horse boarding codes in Barrington Hills.

These documents are in the forms of court documents, resident and Village official emails, affidavits, Village engineering and Illinois Environmental Protection Agency reports and some form letters from residents who either don’t have the time or the independent thinking to express their opinions.  A copy of the entire two hundred and ninety-one page document package including newly released information can be viewed and downloaded here.

Among the new information included for public examination is information leading up to and following the issuance of the all too often mentioned “Schuman Letter.”  The documentation is included in pages 239-258 of the new package, and for ease of access for readers, we’ve extracted the pages and placed them into a file that can be read here.

A significant amount of documentation regarding detrimental rainwater and pond runoff from a boarding facility on Ridge Road resulting in flooding and apparent pollution of a neighboring property has been submitted to the board, and that documentation can be viewed here.

And, a recently written addition to the documents to be considered by the board and the public has been submitted by a resident who has provided some perspectives on the history of horse boarding debates in Barrington Hills and the most recently enacted codes can be viewed here.

The next Zoning Board hearing on this matter is scheduled for August 30th at 6:30 PM at Countryside Elementary School.  We’ll keep readers updated as more, if any, documents are added to these to be considered by the board.

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Audio recordings from the August 1st Zoning Board of Appeals public hearing regarding a proposed text amendment to commercial horse boarding codes have been posted to the Village website.  To access the menu of edited recordings by agenda item, click here.

The hearing lasted just over two hours and fifteen minutes.  It would likely have lasted much longer, but the multipurpose room at Countryside Elementary School was only available until 10:00 PM.

We’ve reviewed the recordings entirely, and after a certain point, it became readily apparent that accurately summarizing what transpired during the entire meeting would be too long for readers to endure.  Indeed, after an hour and a half we felt like the crew assigned to clean up after horses in a holiday parade of equal duration – overloaded with muck, good for nothing except composting.

Two residents made public comments prior to the hearing.  The first to speak was a sitting trustee on our Village Board, and his remarks can be heard by clicking here.

The second person to speak was a resident who took exception to comments made at a prior Board of Trustees meeting regarding groundwater pollutants from equestrian facilities, and also volunteered to provide the Zoning Board with documentation in her possession of groundwater contamination.  Her comments can be heard here.

When the public hearing was convened, the Zoning Board chair read a statement from the Village regarding the petition before the board and the Village’s position as it relates to ongoing litigation between neighbors.  Click here to review this recording.

The attorney representing the petition applicant was then invited to present their proposed text amendment, which took about forty-five minutes, including questions from the board.  This recording can be heard here.

Attendees were then invited to ask questions or provide facts for the board to consider in their deliberations.  Unfortunately, the hour that ensued was spent on matters from the past on horse boarding issues, some personal assaults and little, if anything, productive for the board to consider.

In our opinion, the chair and counsel allowed too much latitude for attendees to pursue personal agendas instead of presenting facts at this meeting.  But then again, they are not veterans of these contentious testimony rodeos.  Perhaps with the first hearing under their belts, tonight’s continuation will include more relevant testimony for the Zoning Board to consider and less infighting that serves no useful purpose.

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microphoneThe Zoning Board of Appeals will holding a meeting tonight at Countryside Elementary School to continue their public hearing from August 1st regarding a proposed amendment to commercial horse boarding codes.  The meeting begins at 7:30 PM, and a copy of the full agenda, including updated written comments for consideration by the board, can be viewed and downloaded here.

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Twain FoolNow that the Zoning Board of Appeals has begun to consider amending regulations of commercial horse boarding and training in Barrington Hills, we’re noticing the same “timeworn misinformation” surfacing in blogs and comments to the Zoning Board, which we shared in a recent editorial titled, “Here we go again”.

This misinformation is emanating from a small, but raucous group of resident and non-resident equestrians.  And, unfortunately, this has made it very difficult for other homeowners living in the village to determine what to believe amidst all of the noise, so we decided to do some factual research to set the record straight.

We reviewed meeting minutes from Village archives dating back to 1957 in search of some facts and discovered the following information excerpted from the minutes of an April 25, 1960, meeting of the Board of Trustees (seen here):

     “The President [Andrew Dallstream] advised the board that he and Mr. Harold Smith, Trustee, had visited the Countryside Riding School on Bateman and Penny Roads, had examined their facilities and discussed the operation of the school with the manager.  After a resume of the importance of horsemanship to the community, the President asked for a report from the Zoning Committee. 

[Trustees] Mr. Delmar Olson and Mr. Stresen-Reuter then reported they had also visited the school and had found the facilities adequate, the plan of operation satisfactory, but that it was a riding school for profit.   Mr. Canby [Village Attorney] advised that it is his considered opinion that a school for profit is not an agricultural pursuit and that therefore the Countryside Riding School is in violation of the zoning ordinance of Barrington Hills. 

Mr. Stresen-Reuter asked Mr. Albert F. Moore and Dr. M. J. Thompson, whose properties are near the school, to express their views.  Both Mr. Moore and Dr. Thompson said they are against any violation of the zoning ordinance.  Mr. Grigsby, chairman of the Zoning Committee, asked them to submit a formal written complaint, at which time the Village will advise the Countryside Riding School that they are in violation of the village statutes and order them to cease and desist.” 

Two months later, the village attorney reported, “… the Countryside Riding School was no longer in operation,” during the June 19, 1960 Board of Trustees meeting.

But how could this happen way back then?  Couldn’t equestrians do nearly anything they wished as some residents are being led to believe today?

After all, this was 1960 Barrington Hills!  There were only 1,726 residents at that time and much of Barrington Hills land was still being farmed, so neighbors were likely distant from the school.  And Andrew Dallstream (“Andy” as the SOS Party referred to him) supposedly founded Barrington Hills to be, “Dedicated to an equestrian lifestyle,” (according to a post on the SOS Party’s Facebook page in April 2015), so what changed his mind?

Clearly the answer is that the founders of Barrington Hills did not approve of commercial businesses in our village, and considering their decision regarding the aforementioned riding school in 1960, they would not have agreed with anything remotely similar to the current Anderson/LeCompte Commercial Horse Boarding Ordinance – regardless of the acknowledged “importance of horsemanship to the community”.

Some may wonder if we’re advocating the closure of existing commercial boarding and training facilities in the Village based on this historical precedent, and the answer is NO.  Sometime after 1960, someone “left the barn door open” to large-scale boarding.  However, we do fervently believe the Village should regulate any proposed new facilities.

-The Observer

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Phantom Developer

The Zoning Board of Appeals will be holding a continuation of their July meeting this evening at 7:30 PM at Countryside Elementary School.  Tonight’s meeting will include a public hearing followed by a board discussion of a proposed amendment to the current commercial horse boarding codes. A copy of the agenda, including reference documents, can be viewed here.

Many residents have reported they received a form letter over the weekend urging them to attend the meeting.  The letter (seen here) came from a resident who wrote, “Some months ago a clique of [unnamed] area residents associated with [undocumented] high density commercial 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.”

As we illustrated in our recent editorial,Here we go again,” playing the unsubstantiated “developer” card has become extremely wearisome to most residents after so many years. 

If “high density commercial housing development,” is the motivation behind the currently proposed amendment, then where was this letter writer’s outcry when recommendations from both the Equestrian Commission (seen here) and an equestrian-laden Zoning Board of Appeals (seen here) advocated very similar guidelines for commercial horse boarding under a previous administration back in 2011?  

In fact, there was little, if any, uproar from the equestrian community at that time, so why is the sky suddenly falling now? 

Frankly, we think residents are too savvy to fall for the incessant cries of “wolf” such as this latest one in every election cycle and every time prudent commercial horse boarding codes are being considered.

However, since he raised the topic of commercial residential development, we’d like to pass along something we recently ran across that should be of interest to residents.

It seems Barrington Hills Farm (whose chairman happens to be the aforementioned letter writer) has engaged a website developer to promote, “600 acres of pristine, undeveloped land located at Haegers Bend and Spring Creek Roads at the northwestern most corner of Barrington Hills,” as depicted below (please click on the image to enlarge for better viewing):

BHF Splash Cropped

We found it interesting that this prototype website (click here to view it) is grouped with other sites under development promoting businesses and commercial developments in Chicago in a staging web address as seen here, so perhaps the chair of Barrington Hills Farm would like to share their development plans sometime sooner than later with residents.

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OMG

If the title of this piece sounds familiar, it should be.  In May of 2014, we published a similarly titled editorial, “Here We Go Again. . . . Commercial Horse Boarding Drama Returns.”  Click here to revisit it.

We’ve written numerous editorials about the seemingly incessant nearly decade–long debate on how Barrington Hills should regulate large-scale horse boarding– due primarily to misinformation circulated by a small faction of self-serving activists in our once peaceful community.

Since this same, timeworn misinformation is appearing again in social media now that the Zoning Board of Appeals is considering revisions to our boarding codes, we’d like to dispel what’s become “old nag’s tales” spun in websites, mailings and public hearings:

“Barrington Hills is an Equestrian Community” Only in 2005 was Barrington Hills branded as a rural equestrian community by the then newly elected village president in return for the Riding Club’s support of his campaign.  The fact is Barrington Hills is a rural residential community that is equine friendly. However, the ability to keep horses is not what attracted most residents to our community.

A 2012 survey conducted by The Observer (seen here) showed 65% of residents moved to Barrington Hills for open space and privacy, while only 13% moved to Barrington Hills to keep horses. “Borrowing” our survey results, the 2015 “Save Open Space” (SOS) campaign committee tried to play on the motivations of the majority of residents who moved here for open space with rhetoric very similar to what we’re witnessing today.

“Barrington Hills was founded as an equestrian community” This is news to most, but nonetheless, false.  Barrington Hills was incorporated in 1957 based on “A desire to retain the rustic landscape.”

In fact, the 1978 Barrington Hills Comprehensive Plan (seen here) only references the words horse, horses and horseback six times in the entire document, and horse boarding is never mentioned.  And, the introduction of the 1978 plan described Barrington Hills as follows:

(Click on image to enlarge)

(Click on image to enlarge)

It’s also interesting to note that this 1978 plan encouraged a “safe and attractive system of pathways for walking, biking, horseback riding and cross-country skiing.”  Clearly, times have changed.

The 1978 plan also cautions, “The possibility of pollution from animal wastes exists related to horses which are stabled in the lower portion of the reach,“ referring to an area, “west of the Spring Creek Nature Preserve between Lake-Cook Road to the north and Algonquin Road to the southwest.”

The 2008 Barrington Hills Comprehensive Plan mentions horse, horses and horseback eighteen times, but many of those references are cautionary regarding the environment and potential pollution to groundwater from the equines.  And thirty years later, a warning of contamination from animal waste from horses stabled in that same area west of the Forest Preserve was reiterated.

As far as horse boarding is concerned, the 2008 plan makes no mention at all of horse boarding.  NONE!

However, we believe, if properly regulated, boarding facilities can provide a benefit to residents seeking the pleasure of riding without the upkeep.

“Those favoring reasonable residential boarding codes are ‘anti-horse’ or ‘horse haters’” Ridiculous! Who among us in Barrington Hills doesn’t appreciate horses?  We don’t know any – not one!

But many people have issues with the owners of the horses who choose to obfuscate their selfish behavior by capitalizing on the noble horse.

These ridiculous assertions fall flat when considering how some in social media seem to regard non-equestrians, as we opined in our 2015 editorial, “We’ve Been Clubbed by Commercial Horse Boarding.”  Click here to revisit this piece, including many reader comments.  Or, just click here to learn how non-equestrian homeowners are perceived by a current Barrington Hills Park District commissioner who is also president of the Barrington Hills Polo Club.  The author has dismissed the outrage created by his essay, calling his piece “ironic”, yet his ilk finds nothing ironic about the current RJE debate.

“Our five-acre zoning depends on horses and boarding” This is another fallacy.  Five-acre zoning in Barrington Hills is secured by our Comprehensive Plan and supporting Village Code.  If we were four, three or two-acre zoned, the same claim would be made.

If five-acre zoning was ever threatened in our village history, it would likely have occurred in the mid-1970’s when village housing starts were at an all-time high, as were subdivision applications.  Between building permits and subdivision plans, about 1,000 acres of property were protected by our five acre zoning at that time from developers wanting to build tract homes.

“Requiring special use permits for larger horse boarding operations mean the end of boarding in Barrington Hills” No it won’t.  It just means boarding facilities over a certain size will need the approval of adjacent neighbors.

Under the 2014 boarding ordinance, a developer of a boarding facility can do just about whatever they wish, without any regard for neighboring property owners’ desires for peace, privacy or possible line of sight objections from their homes.

Considering that a homeowner must supply significant documentation to apply for a special use permit to construct even a small pond, it seems incomprehensible, and inconsistent that a large boarding operation can construct an arena larger than the size of the dwelling on a property and not be subject to such scrutiny.

 “There have been no complaints under the new boarding codes” Well, when all the residential rights are stripped from people living adjacent to or near boarding facilities, so too are their grounds for complaints.

In order for a noise complaint to be addressed, the disturbance from the facility must be heard from inside the neighboring home.  So, essentially, a neighbor is driven inside their house and is not free to enjoy their own property from their deck, or must keep their windows closed if the activity next door is too loud.

Plus, non-equestrian residents (and even some equestrians) are often discouraged from complaining, due to the overly aggressive and intimidating demeanor of many of the most zealous equestrians.

Summary:  The time and energy to refute the misleading and false information we’ve described is of a far greater magnitude than it is for some in our community to spew it.

Unfortunately, as John Kass of the Chicago Tribune recently wrote, some people have no capacity for shame, so we’ll continue to endeavor to provide facts, not fiction, not fable and not nag’s tales.

-The Observer

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The Village has posted audio recordings from the July 18th Zoning Board of Appeals meeting.  The meeting was continued until August 1st due to the excessive crowd that attended, however there are about ten minutes of recordings that are available for review.

Unfortunately, the recordings begin after the chair gaveled the meeting to order.  However, those in attendance were allowed to make public comment only as it related to the continuance of the meeting, not the agenda for that night, and six people spoke.

The first speaker complained that “A lot of people went to a great deal of inconvenience to come here tonight.  Something [the meeting] was noticed on very short notice, contrary to the agenda that you had that this board decided in June.”

We’re not sure what the speaker meant by “noticed,” but we saw the agenda and document packet including the petition posted to the Village website at least two weeks in advance of the meeting.  Additionally, it was noticed in the Daily Herald classified ads per the Open Meetings Act.

RJE ButtonsHis comments can be heard here, and we’re told he was seen handing out spiffy buttons to some in the crowd (inset left) prior to the meeting.  It seems odd that the speaker complained he had such short notice, yet he managed to have buttons produced in time for the meeting. 

The second speaker acknowledged the board’s decision for continuing the meeting, but expressed his disappointment, since he had suggested a larger venue for the hearing be chosen, as can be heard here.

Speaker number three questioned why proceeding with the meeting would violate the Open Meetings Act.  Mary Dickson, counsel to the Zoning Board of Appeals answered stating:

The Illinois Open Meetings Act requires that for a public body to hold a meeting, among the other requirements, the meeting must be held so that everyone who seeks to participate, to hear, to witness, can do so comfortably  We have an overflow crowd in the, out in the hallway, many of whom are standing.  I believe that this is by interpretation of the Illinois Open Meetings Act would begin to run afoul of the Act, and it is my legal recommendation that to comply with the Act we continue the meeting so that we have a venue large enough and comfortable enough for everyone to participate.”

The full question and answer recording can be heard here.

Speaker five has become a familiar voice in recent public meetings, and it would seem that his only purpose was to point out that the attorney representing the petitioner for commercial horse boarding code amendments also represented the Fritz Duda Company some years ago in their legal battle over 602 acres that was in Barrington Hills at that time. 

That tract of land has been, and is now, in unincorporated in McHenry County ever since the Village lost the case against the petitioner’s attorney, so the speaker’s remarks (heard here) were likely ill-advised since the attorney appears to be qualified when it comes to matters of land use and zoning.

Once public comment concluded, a motion to continue the meeting was made, and the vote was not unanimous.  Board members voted 5 to 2 to continue the meeting until August 1st as can be heard here.   

To access the menu of edited recordings by agenda topic from this abbreviated meeting, click here.

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The Finance Committee will be meeting this evening at 6:00 PM.  A copy of their agenda can be viewed here.

At 7:30, the Zoning Board of Appeals will be holding a public hearing on a text amendment proposal regarding Village horse boarding codes.  Since we first posted this agenda on Friday (seen here), some Riding Club members, including a handful of “radicals” in the herd, have taken to social media with an “urgent” call to attend this meeting, so it would be in the best interest of fairness that those who objected to the passage of the LeCompte/Anderson amendment to attend and perhaps speak.

We have not fully reviewed the proposal which the Zoning Board will be considering tonight, however we would like to remind readers of our observations in our December 2014 editorial — “Our views on the latest horse boarding text amendment proposal” — regarding the amendment petition that was ultimately passed by the Village Board in early 2015 despite valid objections voiced by many residents and a presidential veto. Click here revisit that editorial.

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The Zoning Board of Appeals will meet on Monday, July 18th, at 7:30 PM to conduct a public hearing on a petition to amend Village codes pertaining to horse boarding.  A copy of the agenda can be viewed here.

The ePacket agenda containing the documents to be discussed during the meeting can be viewed and downloaded here.

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