Cars, childhood, Culture, Government, Legal

The Nose Count

“Opinions are like noses: everybody’s got one,” which is what one of my best bosses ever advised me. And so it is, the 2nd Appellate justices reviewed the Libertyville appeal, buttressed by eloquent oral arguments, and came to the opinion: “No dice.”

Our appeal to reverse the Lower Court Judge Michael Fusz’ ruling was refused. The ruling stands. The Archdiocese of Chicago may now expect the Village to re-zone the 40-acre lot on Butterfield for residential building, and along with that, allow the final plats to be submitted and approved for building the 148-units which were proposed in 2017.

This of course is subject to the Village Board’s acceptance of the decision, which will be deliberated in the next few weeks.

There is no upside to predicting future events. However, if there is an upside of any sort, it is that the proposed development still has to respect and comply to the fifty-plus requirements which the Village planning department had stipulated two years ago. And that is assuming that there is a developer who still is eager to pursue the enterprise.

Putting it all aside, we hang on to the original objections to the development as values and concerns the neighborhood held about this development. We hope that the Village departments will remember these too.

Chief among our concerns today is the forecasted population of 150 children who will live and play a stone’s throw distant from Butterfield School, and its magnificent and inviting playing fields. They are there within sight, viewed from the opposite side of a 4-lane Butterfield highway.

Hindsight is perfect vision. While the Village focused on the difficulties in local motorists making left turns out onto Butterfield, little light was shed on the dangers of pedestrian traffic– young kids, minors, venturing across the highway over which 24,000 cars speed through at 47 mph. every day.  The lower court judge never heard that insight, and the opportunity to remind him now is moot.

However, the developer will still have that, among many other hurdles to pass before the shovels go into operation.  We will wait to see what the Board chooses to do next, and how the parties involved will respond.

Thanks for reading and sharing, loyal Butterfield Friend and Neighbor.  We will see how it all works out!

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Culture, Legal

The Case Grinds Exceedingly Fine, And Slow

In our Village, we are seeing the end game take place between the Church and Libertyville about the disposition of a piece of Church property designated for a housing development.  Many of us feel it could have been settled with some discussion, but that’s not what’s happening.  As the saying goes, “See you in Court.”

Today was the fifth session of the Catholic Bishop of Chicago vs the Village of Libertyville case # 17MR00001013, Lake County 19th Circuit Court. Witnessing the event is a little like church, in that strange things happen up at the front, and the seats are bone hard down at the back.

Early on day 1, we watched as the opposing attorneys pushed sheaves of papers at each other, forcing the opening of massively thick three-ring binders to extract pages and replace them with others. Through it all, the judge kept a steady, grave face as he too had to change out documents in his own set of binders.  Keeping right up, he referenced exhibit numbers with the speed of a vigorous game of Whackamoley as the attorneys swapped pages before him.

After some additional scuffling about admissibility of late-arriving evidence, the attorneys finally got down to their opening statements.  For the Church, it was a clear cut case of capricious, arbitrary decision-making by the Village that infringed upon their constitutional rights.  They referenced the LaSalle Factors, which were a set of standards established by the Illinois Supreme court years ago about the rights of property owners.  At the base of it, the Church believes the LaSalle factors support them completely.  The Village decision caused the Church hardship.

For the Village, the argument throws the LaSalle Factors back at the Church.  The hardship was self-made.  Years ago, when they knew they would develop the land on Butterfield Road, they should have created a safe right of way, and they didn’t do it.

What is this debate all about?  Traffic safety, and the need for a set of lights at Lake and Butterfield.  Without those lights, and the connected access to the proposed development, it was a non-starter for the Village, which voted the project down.   For four days, the Church presented hundreds of documents testifying to the safety of the Butterfield access, and to the development process, supported by the consultants and officials who wrote them.

Now after five days and one sumptuous, turkey-laden Thanksgiving-week-long hiatus, plus a full-court snowstorm to kick things up a notch, the attorneys have returned to continue the debate before the ever-game judge.   The Village will now present the defense of their decision, again referencing their own bushel of documents testifying to the development process and to the non-safety of the access.

You may think it a simple case to sort out a simple highway safety issue, but then why would we need lawyers?

It was striking to see that there were only two attorneys for each side, but the real measure of intensity is in the volumes of paper presented.  The Church team brings in 13 bankers boxes of files every morning and spreads them across two rows of court benches.  They have two luggage carts.  There is a law clerk who is constantly running into the court bleachers to fetch another file folder.  The Village also has two luggage carts, but only about 3 boxes of files.  You can see who has the larger budget for photocopying.

The chatter in the room is between the judge and the two attorneys, while the witness gets to offer yes and no testimony.  Faithfully, diligently, the court reporter is forever typing her keys to create a transcript of thousands of lines of give and take.  It’s like recording the laying of a million bricks in an infinite wall of legalese.

Through it all, the judge is playing referee on the admissibility of every utterance.  He is patient, but not sympathetic with either side particularly.  His is not an easy task.   He is taking in mountains of detail about a subject he had no interest in, yet there he is, stuck in the middle of it.  The halting pace is interrupted by objections about admissibility, form, substance, relevance, foundation.

For instance,

Attorney 1: “Did a camel pass through the eye of a needle?”

Attorney 2: “Objection.  Foundation.”

Attorney 1: “Camel hair coats are sewn with #8 needles.  Would you agree?”

Witness: “Yes.”

Attorney 1: “Speaking of needles, did you see that camel?”

When the two sides finally close down this week, then the judge will take his numerous binders, thousands of pages, gratuitously thrust upon him, packed in his own luggage rack, and he will read everything again, and come back with a decision.

It makes me think of a parent being charged with the onerous duty to sort out a mess the kids made.

After watching these two sessions, and the grindingly slow development of the respective arguments, my advice to anyone who is at odds with another person: go figure it out.  Talk.  Find a way to avoid court.  I think the judge would agree.

This case will finish around Thursday this week.

December 1: The case has been continued to Friday, December 7, upon which day we will hear closing arguments.

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Environment, Government

How High’s The Water?

“May the rains fall gently upon your fields” ~ Irish Blessing

We get rain; the DesPlaines gets big.

On a day like today, we are all content to stare out the window as indeed the rain does fall gently on our gardens. It has for two days now. The weather folks are enthusiastically dissecting their multi-colored maps showing this vast swath of water that circles the midwest, soaking us through the longest day of the year, and then some.

Waukegan will get close to 3 inches.

Closer to home, we can watch the steady building of Mellody Farms, at the intersection of Milwaukee and Townline Road in Vernon Hills. Traffic snarls along the roads, under the swinging makeshift signals. Meanwhile, trucks and trade vehicles pull in and out of the construction zone.

You can watch the construction cam: I have its URL down below.

Over 100 tankers for every inch of rain.

What is not first apparent, but might be some day, is the amount of water entering the site. Imagine over 100, 18-wheel tanker trucks coming into the site, and exiting too. You can only imagine it, because there are no tanker trucks. But that is how much water is being dumped on this site for every inch of rain that drops today.

Around 980,000 gallons of rainwater fall onto the 36 buildable acres in Mellody Farms for every inch of rain. You can do the math.

Once the rain falls onto the impervious surface of this new shopping center, it has to leave, and it does, coaxed into storm drains that take the volume down, or rather, just over to, the DesPlaines River.

From there, the rainwater disperses, much to the belated concern of folks along the river in Mettawa, Lincolnshire, and ultimately Wheeling. There may be some buildings, like Hollister, just north of Mellody Farms too who will be checking their basements.

And now be mindful, “May the river rise up to meet you.”

Thanks for reading!  I hope you will share this with anyone who ever wonders about the impact of development on our watersheds!

Click here for The Mellody Farms Construction Cam

 

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Culture, Government, Politics

How Do You Like Your Eggs?

We don’t, as a social strategy, plan ahead to get involved in every thing that is beyond our comfort zone. We just want to live our lives. In local politics, that can be hazardous.

Once, a young couple were the parents of an infant boy, who from his first appearance in the world, never uttered a sound. Not a peep.  They worried over his silence as he grew into a young scamp. He had friends at school and played with the others, but without a murmur from his lips.

A long progression of doctor visits in those early years were fruitless. Specialists shook their heads, and told his despondent parents, “We don’t know what ails him, we are sorry.”

One morning, as his mother stood beside him at the kitchen table, he picked up his knife, and cracked his customary 5-minute egg. The yoke splashed out of its shell and onto the plate.

All at once, he exploded, “What the…?? What is this??”

Shaking his dripping fingers at the plate, staring at his mother, he spat out, “I can’t eat this! Look at the yoke! It’s all runny and gooey. The egg’s cold, and the toast is all soggy…yikes.. this is..this is… yucky, Mom!!”

His mother, at first shocked, stepped back, and then hugging her son, she beamed and looked up to the ceiling, and cried, “It’s a miracle! You can speak! Thank merciful heavens!”

Then she looked tearfully at her boy, and sobbed, “It’s wonderful! I am so overjoyed with happiness! What happened to you??”

The kid looks up, shrugs and says, “Well, up until now everything’s been okay.”

This may be a hyperbolic analogy of our times, but it certainly illustrates our typical lifestyle: as long as everything’s okay, leave it alone.

The continued public dialogue over the troubling, denuded 40-acre parcel of land that sits within our view is a good example of how we can be divested of our comfort zone.  And perhaps just in a nick of time.

After living for 27 years within the forest shadows of the sunsets over the property, we woke up one day to find the woods gone, and loggers carting away the trees in wood chip containers.  With the blessing of our village government, too.  Only then did I realize I should have spoken up earlier.

Regardless of my regrets, I now pay much more attention to those events that happen outside my daily environment, and in the process, extend my comfort zone to include them.

I suspect it is like that for many of us.

 

Thanks for reading!  I hope you too are mindful of how things pass us by without much ado, and how they often present themselves later in startling poses.  Thanks for sharing! 

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Culture, Environment, Government, Politics

Trouble In The Back Forty: How We Got To Here

January’s public hearing on the 40-acre development up on Butterfield attracted a sometimes reasoned but also fiery rejection to the idea. The authorities went away ruffled and straightening their ties. The public filed out, quietly fuming, and baffled.

Bafflement prevailed because the question was asked how we ever came to this point: a 148-unit, high density housing development on the site of a recent clear-cut of over 2,000 60-year-old trees. The flames came from a few who castigated the developers and planners alike for taking advantage of the Village rules and a complacent, uninformed and trusting public.

So what happened?

The ground started to move in 2009 when the Archdiocese of Chicago signaled to the Village that they wanted to develop 97 acres of open land at the east end of St.Mary’s Lake. The Village looked at its Comprehensive Plan map and noted the parcel was drawn and zoned as Institutional Building, (IB).

Every smart village government has a Plan. This blueprint provides guidance to control against undesirable development. Our Plan had reserved the 97 acres for church buildings.

The Church however saw housing: affordable housing for Libertyville’s younger families. In a deftly cadenced move that any professional card shark would have applauded, the Church suggested to only develop the northern section, about 33 acres nearest Butterfield Road. South of that, another 7 acres of woods would be “untouched” and the bottom 57 acres would be left institutional. They asked that the 33 acres be redrawn as Residential.

Following two meetings and a lot of questions about Planned Development housing, traffic volumes, safety, isolation, tree preservation, housing affordability, open space and the wisdom of an unscheduled, redrawing of the Plan to suit the Church, they voted.   The Plan Commission went 5/2 in favor, April 2010.  The Village Trustees gave it a green light too.   33 acres were redrawn on the Plan map as Residential, and 7 acres left as Institutional.

However, the entire 97 acres are still today zoned Institutional Building.  While the Plan gives guidance, it’s the zoning which is law.

Only years later did the Church find a developer who would be happy to buy the land if they could build nearly 200 homes on the 33 acres, and take the 7 acres of woods south of the development site as well.

The developer quickly began to design the site, and eventually reduced the residential count to 148 single family dwellings, 3 & 4 bedrooms,  2,000-2,900 square foot, two-story units on tiny, fenced lots.  The designs didn’t comply with residential zone codes, but because they are a Planned Development, they got a pass.

Meanwhile the soft sell on the development commenced as multiple sets of beautiful drawings were dropped off at the Plan Commission office, with the Village Trustees, the engineering and public works departments, as well as the police, fire and the many other committees who need to vet the process.

Unfortunately, the public didn’t get wind of the proposal until a registered letter was sent to a few souls who lived within 250 feet of the site, net of any roads.  A public hearing in September hosted a small crowd of residents who, scratching their heads, asked what the heck was going on.

Even then, the public didn’t fully understand what was about to happen.

The Church, now very much on a roll, authorized the developer to get Village permission to remove 2,500 trees on the property.   After considerable expense and due diligence, the Village Trustees approved the logging on October 10.  By Thanksgiving, the trees were gone, authorized with a site development permit.

Yet no approval had come from the Village to re-zone, let alone develop the site.

The next Plan Commission meeting was postponed until January 9.  With time to study the proposal, it became clear to many that the development was off color.

Many emotional, esthetic issues entangle this debate, but high above them is the reality of traffic congestion, child safety, school crowding and Butler Lake pollution.

In addition to these challenges, the developer is attempting to sell very expensive homes to buyers who will have tenuous and dangerous access to and from their neighborhood.   The stark reality is that there is no convenient way to turn into the site, and nightmarish opportunities to exit.  A deal killer for the rational homeowner.

The Church has been suspected perhaps of disconnecting the site from Libertyville if we kibosh the deal.  Rumors run rampant that the land will host high rises, fast food stores and muffler shops if we were to lose the land to the neighboring village.

The probability of that happening is remote because none of the developer’s challenges go away.    In fact they are compounded by very expensive infrastructure needs and delays statuted in Illinois law.

So we now find the issue coming to a head with a February 27 vote:

  1. To re-draw the Plan map to include the 7 wooded acres as Residential;
  2. To re-zone all 40 acres from Institutional to Residential;
  3. To get a plat of the subdivision;
  4. To grant a special use permit to build a Planned Development;
  5. To develop a concept for the Planned Development.

The Village Trustees painted themselves into a corner back in 2010, but have had to wait 7 years for the floor to dry.  Whether they can find a solution to the conundrum is a toss-up.

Rest assured that the public is now paying attention.

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Culture, Environment, Government, Politics

Warning, Sign Ahead

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The sign, like fine print, hints at bad news.

In Libertyville we are looking up every few moments to see what else has happened.

Last summer, without much ado, a sign was posted on an old playing field on the north side.    A little time later, a huge scraping of topsoil appeared, mounded like a two-story pyramid of dark chocolate.  It was soon iced with a frosty mantle of green weeds.   Five condo buildings are soon to follow.

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The new view from the treetops, sort of.

On the west side, a sign went up announcing a hearing about a corn field bordered by a tangled, but mature stand of 60-year-old trees. By October, the trees had come down. The plan calls for 148 homes.

Further south, another sign announced a hearing for a modest development of 19 houses over a small parcel of land and wetland.

Meanwhile there is a sign in front of the train station.   It’s the site for a multi-residential complex that will make rail commuting an adventure in the future. Some 150 units will be in place to hear that lonesome whistle blow, as some 46 trains roll by every day.

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Winchester: one up, and four to go.

All of these signs are caused by the popularity of a Village which has every reason to be proud. Founded in 1882, it was a remote outpost for Chicago travelers heading to Milwaukee.

Today it is a thriving, pretty town of 20,000 souls in the country, home to the #1 school district in Illinois, and #2 nationwide. It has a bustling main street that sees 23,000 cars daily, but still offers free two-hour parking on both sides, to visit the big-windowed, filigreed stores selling everything from $30,000 motor cycles to $10 hair cuts.

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Lunch in the park, in front of the Cook home.

In the Village Center,  residents lounge in a treed park hosting a vibrant, manicured rose garden, summer band concerts, lunches on the lawn, Thursday market and the view of a picturesque antiquity, the city father’s mansion now restored as a public museum.  Hungry for knowledge? The library is right there.  Just plain hungry? The Village lists over 70 restaurants and bars.

We are at the center of a giant societal magnet: everyone wants to live here.  And that is the challenge.  How do you keep that small town feel that brought you here 5, 25, or 75 years ago?

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Another housing plan, neatly drafted.

Fortunately, we have considerable oversight.  The Village has a Plan which is the blueprint for planned growth.  It has a commission that executes the Plan, and that includes sub commissions that monitor appearance and zone codes.  Hardly a tree goes down or a roof goes up that doesn’t get a committee say-so first.

Still, none of these measures and controls work if we, the residents, don’t read those pesky little signs.  Like fine print, they often signal bad news.

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School Street an urban success: asking for over $1,000,000.

The trouble is, the signs keep popping up, like Village-sponsored graffiti, and our only choice is to pay attention.  Which can be a full time job.

The Village Hall posts a schedule of committee meetings.  There is at least one meeting every night, virtually all year.  If one is diligent, the meetings could be met, except that the school boards have their monthly meetings too, so it’s difficult.

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Downtown: the Metra station gets a makeover.

Meanwhile, the developers move in, longstanding property holders look to reap their reward, and the borders of our Village are eroded and pushed, like impacted molars, causing pain with every new sign.

We can’t stop progress.  But we need to trust our Planners and Trustees to watch out for us.  In return, we do need to show up when those signs pop up.

As the saying goes, “if you don’t go to the meeting, the meeting doesn’t go your way.”

The next Public Hearing for the Butterfield proposal is February 27th, at the high school, 7pm.

Thanks for reading!  If you want to keep informed by the Village of new meeting agendas, click here.

Please share!

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Culture, Environment, Government, Politics, Wildlife

If A Tree Falls In The Forest

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The woods that colored our view.

This past October has been a searing lesson in keeping one’s antenna up. The teachable moment was the watching of a highly efficient logging crew cut down a thousand or more trees from the lot across the road.

The clear cut was requested by the church which owns the land, and it was approved by the village after due inspection.

You see, where we live we have a village administration which has pretty strong rules about keeping up appearances. You can’t just cut down a tree unless it’s sick, damaged, or dangerous, and if so, you need a permit first.   I used to think too much government is a rein on individual freedom, but this set of rules is a good one.

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This old gentleman looks forward to a questionable future.

It turns out that the church is in the mood for selling the land for development. The challenge was to make the parcel more attractive, and to that end, counseled with its lawyers to build a case for removing a wilderness of 60-year-old trees.

The trees in question were part of an abandoned tree nursery. Fifty-five  years ago, they were planted 10 feet apart, and do you know what happened? The owners gave up the business, and Mother Nature took over.

In fitting out her arboreal family, she attracted a host of wildlife, from deer, coyote and other furry creatures, complemented by boisterous flocks of birds who populated the tree tops with a chatter of music all day.

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20,000 motorists enjoyed this view every day.

Meanwhile, the trees matured to their full 5-story height, and spawned a wilderness of jungle under the canopy.

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Not a winner: this tag identifies a tree that didn’t make the cut, ironically.

The critters loved it; the church not so much.

Then about a year ago, a developer sniffed out a golden opportunity to build a settlement of new homes on the property, and before long, a deal was made. The developer became the authorized agent for the church to get the trees removed.

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Every summer and fall a corn grower leased the land for this harvest.

The new agent petitioned the village government, pointing out the church’s liability if, God forbid, a tree might fall down and clobber a hiker foraging in the woods for morels. It hadn’t happened in 50-plus years, so odds were likely that the jig would soon be up.

With detailed, supporting testimony from professional arborists hired by the developer, and then double-checked by the village’s own arborists, and ultimately inspected by the mayor, the village gave the okay to axe the forest.

Each offending tree was tagged, and given a C.V. page in a three-ring binder. 2,500 candidates were put on the rolls, and 38 were deemed salvageable.

The news finally broke when the local reporter headlined an article on the pending clear cut. Then, and only then, did the public wake up.

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The loggers, like good executioners, did their job swiftly, and well.

But sadly, too late!

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A 57-year-old bleeds a story for the arborist.

In November the heavy machinery came in, and in a matter of a few days, decimated the woods which had pleased passers by for decades. Today, there is a giant mountain of chipped wood on the lot, over 20 feet high, and enough to fill the village swimming pool three times over.

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Three winners. 38 trees survive the cut.

I mentioned passers by.   Approximately 20,000 motorists pass the woods every day. Year after year the woods have been the backdrop to the driver’s view on a seasonal corn crop that has graced the parcel forever, accented by a colorful palette of leaves each fall.

One day it’s there, the next, it’s gone.

Driving north today we see a sodden battlefield of tree stumps, roots and tangled branches, exposing fresh, grainy wood under torn bark and up-ended logs.  A water tower overlooks the scene, never before visible from the road.  Behind that, the once sheltered golf course now presents a naked 20-foot-high wire fence used to catch wild golf balls.

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The new view. Passers by witness the harvest, and drive on, chastened.

As we drive by, our eyes are drawn to the carnage, and then we avert our gaze in disgust.  The sight is sickening.

One wonders if the village will have the gumption to direct the church to clean up the stubble and make it pleasant, minimally, just to keep up appearances.

Though the word “development” is attached to every discussion about the deforestation, we are assured by the village that the decision to remove the trees is not connected to any housing proposal.

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This row of trees is no longer a threat to the hiker.

The questionable proposal to crowd up to 147 houses on the parcel of land is nebulous.  Despite the best drawn plans, it has earned no approvals for re-zoning, plats or building.

In the face of the public’s nausea over the decisions to date, the development may never appear, or perhaps hover in limbo indefinitely.

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2500 trees, reformatted.

Meanwhile, the steam and fumes of fermenting wood chips fill the air with a bitter tannic scent that drifts across our neighborhood.

The lesson we have learned from this smoldering string of events is that despite our best wishes, bad things happen if we don’t pay attention.   To that end, there is an aggressive interest among the population to watch what’s going on down at village hall.

 

While all the time, we grieve, and get on with it.

 

 

Thanks for reading! Please take a moment to share this with your friends. 

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