ZBA Recommends Denial of American Tower Application (Riding Center)

March 12, 2007

The Zoning Board of Appeals voted 4-3 to recommend denial to the Village Board of a special use application for 254 Bateman Road (Riding Center) for a cellular tower.  Some members expressed their belief that the applicant did not meet the standard regarding property values (Village Code 5-5-10-7-E-2: Special Uses).

The vote was as follows (Note: a yes vote indicates that the member was recommending denial).

Masterson: yes

Rosene: yes

Parker: yes

Johnson: no

Rossi: yes

Mullen: no

Knight: no

The Village Board will consider the ZBA's recommendation and the record compiled at the ZBA proceedings and will make a decision on the matter at a public meeting. 

Check back later for more updates.

March ZBA Schedule (REVISED)

• Monday, March 12, 2007 7:30 PM Countryside School   

            American Tower (Riding Center) Petition

• Wednesday, March 21, 2007 7:30 PM Village Hall

           Legislative (Zoning Code) Items

Here's a list of legislative items the ZBA will consider:

• Landscape ordinance

• Cell towers (PCS) ordinance

• Lighting, exterior residential 

• Floor area ratio
• Primary structures
• Accessory structures

 

• Historic preservation/tear-downs

• Covenants, Conditions and Restrictions visa vi fencing

• “Spec home” limitations

• Permitted noise levels

• Residential sprinkler systems

ZBA Considers American Tower Application (Riding Center)

February 21, 2007

The Special use application for a cellular tower at 254 Bateman Road (American Tower Corp.) continued to March 12th after testimony and cross examination of three witnesses (Kevin Colosia, Village Technology Committee; John Jakobsze, American Tower Corp.; David Kunkle, real estate expert for applicant) 

ZBA Considers Cellular Issues in February

February 14, 2007

At the direction of the Board of Trustees, the Zoning Board of Appeals is going to undertake the consideration of standards for cell towers in addition to the provisions of 5-10-7 of the Zoning Code.  A draft of the proposed ordinance can be found online at http://www.barringtonhills-il.gov/news.htm or by requesting such through the Office of the Village Clerk.

The ZBA will also continue its consideration of an application by American Tower Corporation to construct a 190’ tower at 254 Bateman Road (Riding Center) on February 21, 2007.  This meeting will also be held at Countryside Elementary school at 7:30 PM

Comments and questions regarding this issue should be directed to Deputy Village Clerk, Dolores Trandel, at the contact information atop this page and also via email at clerk@barringtonhills-il.gov.

ZBA grants continuance for

American Tower Application

December 11, 2006

Prior to the consideration of specific applications on the ZBA agenda, Chairman Knight briefly summarized the function and processes (click on link or see below) of the Zoning Board of Appeals.  In addition, Robert Kosin, Director of Administration, provided the contact information for the Village Clerk, so the public could submit their comments and concerns to the ZBA.

American Tower Corporation asked for a continuance of their application for a special use for a cell tower at 254 Bateman Road (Riding Center) to the (Wednesday) January 17, 2006 meeting.  Their attorney, Mr. David M. Rownd (Fagel Haber), informed the Board that he had recently been retained by American Tower and needed time to acquaint himself with the application.  The ZBA approved the request for a continuance by a 6-1 vote.

An attorney for the Lecompte family, Mr. Kenneth A. Michaels, Jr. (Bauch & Michaels), asked the Board what type of limitations would be placed on ZBA testimony.  The Village Attorney, Mr. Joseph von Meier (Burke, Warren, MacKay, & Serritella), stated Chairman Knight and he would have a meeting to establish such rules.  Those rules will then be published on the Village website and be made available to anyone who requests them.

Please check back in the coming weeks for more updates.  Thanks.

Overview of the Barrington Hills

Zoning Board of Appeals (ZBA)

• The ZBA serves two main functions:  (1) Administrative: interpreting zoning ordinances and (2) Legislative: making recommendations to Village Board or other Governmental Bodies.

• The ZBA is composed of 7 residents appointed by Board of Trustees, with terms of 1 to 7 years. One for one (1) year, one for two (2) years, one for three (3) years, one for four (4) years, one for five (5) years, one for six (6) years, and one for seven (7) years.  Board Members are volunteers and serve without compensation.

• ZBA meetings by statute are always open to the public and all issues brought before the Zoning Board of Appeals are reviewed without bias or preferential treatment, and are conducted in a non-antagonistic manner.

• Issues typically involve Variances, Special Uses, Map and Text amendments.  (Text amendments involve changing the zoning statutes, whereas map amendments involve changing the zoning of a parcel).

• Petitioners are entitled to be heard by the ZBA, whose “due process” is required to be fair and equitable and is not arbitrary or capricious.

• ZBA meetings can be legal, fact-finding proceedings or can be held for informational purposes.  When sworn testimony is given and is subject to cross-examination, hearings by legal definition are adversarial.

• The ZBA makes findings of facts based on the testimony of expert and lay witnesses.  Decisions must be based on facts presented to the ZBA in an open meeting.

• The ZBA’s decision-making process follows the standards set forth in the Village Code. 

• The ZBA has authority by Village statute to grant Variances within prescribed limits.   However, it can only make recommendations to the Village Board regarding Special Uses and Map and Text Amendments.  Village Board may approve or deny the recommendations of the ZBA.

• Decisions on Variances require the concurring votes of five Members for approval.  Decisions on recommendations to Village Board require four concurring votes for approval.

• The ZBA does welcome comments from the public, as there are often circumstances or questions that should be brought to the attention of the ZBA so that nothing is overlooked in the questioning of those bringing petitions before the Zoning Board of Appeals.

• The ZBA does not enjoy the luxury of advocacy.  Decisions are not based on a popular vote or by private lobbying of Board Members.  Board Members by statute must be open and un-biased in their consideration of petitions before them.

• It is an absolute invasion of privacy of any Board Member and inappropriate for a Village resident or non-resident, to distribute to the public at large the email address or fax number of a Board Member in the hopes of influencing that Board Member by an influx of information on a pending issue.  Information must not be distributed privately to Board Members.

• All information that any member of the public wishes to transmit to Zoning Board Members must be submitted through the Village Clerk:

Village Clerk

Village of Barrington Hills

112 Algonquin Road

Barrington Hills, Illinois 60010-5199

Phone: 847.551.3000

Fax:    847.551.3050

          clerk@barringtonhills-il.gov

• A copy of the ZONING REGULATIONS booklet may be purchased at the Village Hall. VILLAGE CODE is available on the Village Website at:

http://66.113.195.234/IL/Barrington Hills/index.htm

Zoning Board Agrees to Continue Consideration of Cell Tower Application at

254 Bateman Road (Riding Center)

At the November 13, 2006 meeting of the Zoning Board of Appeals, a request from American Tower Corporation was granted to continue consideration of their application for a special use at 254 Bateman Road (Riding Center) at the December 11, 2006 meeting. 

The applicants stated they would bring forth new evidence in four areas. 

Residents expressed interest in providing their own real estate expert to testify about the relation between cell towers and property values. 

Chair Knight agreed to permit such testimony, so long as the person had the proper qualifications in real estate. 

Please note, due police accreditation activities at the Village Hall on the evening of December 11th, the ZBA meeting will take place at The Fellowship Hall of the Barrington United Methodist Church (98 Algonquin Road).  The meeting will start at its regular time of 7:30 PM.

Motion to recommend cell tower fails

at September ZBA meeting

On September 18, 2006, the Zoning Board of Appeals continued discussion of a special use application (cellular tower) for 254 Bateman Rd. (Riding Center).  The main issues discussed were:

• If the tower would “substantially diminish and impair property values within the neighborhood” (Village Code 5-10-7E)
• Other sitting options
• Visual impact
• Other structural options

After discussion, a motion was put forth by Mr. Mullen to recommend approval of a cell tower.  The following is an excerpt from the ZBA meeting of 9/18/06:

               MR. MULLEN: I would move that we recommend the Village Board approve the site as a special use for a cell tower.

              MR. JOHNSON: I second the motion.

….

              CHAIRMAN KNIGHT: Then we’ll call for a vote.  Do you want to read the motion back please?  The motion has been made as applied for; is that correct?

              MR. MULLEN:  Right.

              MR. JOHNSON: Right.

              COURT REPORTER:  Nancy Masterson.

              MS. MASTERSON: No.

              COURT REPORTER: John Parker

              MR. PARKER: No.

              COURT REPORTER: Karen Rosene.

              MS. ROSENE: No.

              COURT REPORTER: Chairman Knight.

              CHAIRMAN KNIGHT: Yes.

              COURT REPORTER: Byron Johnson.

              MR. JOHNSON: Yes.

              COURT REPORTER: George Mullen,

              MR. MULLEN: Yes.

              COURT REPORTER: Mr. Rossi.

              MR. ROSSI: No.

              CHAIRMAN KNIGHT: The motion fails by a vote of four to three.

….

              MR. PARKER: May I move that we adjourn.

              MS. MASTERSON: Second.

              CHIARMAN KNIGHT: Any other business before the Board?  Meeting adjourned.

The motion to recommend failed and thus, no recommendation was given at this meeting.  No other motion relating to the tower application was made and the meeting adjourned. 

The Board of Trustees has the sole authority to grant or deny a special use application (Village Code 5-10-7D).  They do so after they receive a recommendation from the ZBA. 

August 21, 2006 Zoning Board of Appeals Meeting

American Tower Corporation presented their petition to the Zoning Board of Appeals (ZBA) on Monday, August 21, 2006.  Resident comments and concerns were heard.  The ZBA decided to continue this matter to their next regularly scheduled meeting on September 18, 2006. They will hear more information about the affect, if any, of cell towers on property values other technical justifications for this site.

Public comments pertaining to this matter are still welcome.  Please send these comments to Dolores Trandel, Deputy Village Clerk, in one of the following means:

Via email: clerk@barringtonhills-il.gov

Via mail: Deputy Village Clerk

              112 Algonquin Road

               Barrington Hills, IL   

Via fax :847-551-3050

.