Grundy Reporter

Grundy County Zoning Board of Appeals Committee met June 18.

Here are the minutes provided by the committee:

The public may attend in person or enter comment for the Public Comment portion of the meeting by emailing publiccomment@grundycountyil.gov by 2 hours prior to the start of any meeting. As always live streaming is available via the internet by going to https://www.grundycountyil.gov and clicking on minutes and agenda towards the bottom of the page.

I. Call to Order/Pledge of Allegiance

Attendee Name	Title	Status	Arrived
Dick Joyce		Present
Bob Breisch		Excused
Lisa Lynch		Present
Mark Hill		Present
Al Skwarczynski		Present
Mark Sandeno		Present
Ryan Cryder		Present
Heidi Miller	Land Use Director	Present
Mary Kucharz	County Administrator	Present
Alec Macdonald	Director of Development	Present
Ben Jacobi	Attorney	Present
Rebecca Cheatham	Petitioner	Present
Bob Koerner		Present
Brad Becker		Present
Linda Baker		Present
Mark Hansen	Petitioner	Present
Arvind Loganathon	Petitioner	Present
Larry Johnson		Present
Nick Goganes		Present

II. Approval of Minutes

1. Approve

RESULT: APPROVED [UNANIMOUS] MOVER: Dick Joyce SECONDER: Mark Sandeno AYES: Joyce, Lynch, Hill, Skwarczynski, Sandeno, Cryder EXCUSED: Breisch

III. Official Business

1. Petition 23-ZBA-016 Special Use for Dupont River Solar

Vice Chair Skwarczynski asked for Miller to provide the summary. Miller completed her summary which is attached.

Ben Jacobi presented as the legal representation for Cypress Creek for the Dupont River Solar farm and stated how Cypress Creek would be working to remediate any wetlands that are included on the property and be a good neighbor. Rebecca Cheatham representative for Cypress Creek spoke and described how the property location of the solar facility had shifted as to not adversely affect the Village of Seneca planning area. She continued that she was considering this location for agrivoltaics for the farm which may include farm livestock (sheep) or rotating crops.

Michael Synowiecki attorney representing the Bakers stated that his clients were not properly notified about the special use petition. He continued that the LaSalle factors are not all positive or acceptable for this farm and asked that the Zoning Board of Appeals members deny the solar petition. Brad Baker spoke and stated that the LESA evaluation should have been completed using the 1985 LESA instead of the IL Dept of Ag 2001.

Bob Koerner stated that the 1985 LESA should have been used.

Jacobi stated that records showed that the owner of the property that the Bakers lease farm, were notified and received their certified letter on 11/3/23 at 1:47 PM. Parcel owners are the only ones that are notified not lease farmers. He continued that the plan changed and would be used as it was petitioned, and that the IL Dept of Ag LESA indicates from the Kimley Horn evaluation showed a moderate affect that the farm would have on the farm. Jacobi stated that the LaSalle Factors show that it is compatible with solar, has no negative affect on the adjacent land as shown by Crohn Reznick study, promotes wealth and health by tax dollars, use is compatible with farm use, comprehensive plan mentions sustainable energy for the County as wind or solar. Grundy County comprehensive plan includes that agricultural land and zoning be preserved, as the zoning of Ag stays with the land, it is preserving that component. He furthered by saying that Buffalo Solar is adjacent and in the area showing that this use is compatible with existing uses.

Mark Hansen spoke that the land is not productive and is a wet area and poor yield. There was discussion on the classification of the soil and that value is more indicative.

Nick Gaganes asked how many acres would be cut down. Mark Hansen stated that it would be around 8-10 acres total.

Bakers were concerned about fire spread based on trees being adjacent as was Larry Johnson. Johnson requested that he wanted to have a fifty foot plowed area as a fire break. Cheatham said that the fire hazard is not something to be concerned about as the solar panels do not produce that heat that would be a fire hazard. Also, she mentioned that the carbon loss of the trees is made up in the green energy produced and that Cypress Creek plants one tree for every tree taken. 8:24 PM public meeting was closed for the hearing

LaSalle Factors were discussed one by one and a consensus was attempted for each factor. The first factor was discussed at length with three ZBA members voting yes that the use is compatible and three voting that the use is not compatible with the zoning adjacent. Mark Sandeno, Mark Hill, and Ryan Cryder voted no. Al Skwarczynski, Lisa Lynch, and Dick Joyce voted yes. All other LaSalle Factors were considered to not be an issue by the ZBA.

RESULT: RECOMMENDED APPROVAL [4 TO 2] Next: 6/26/2024 4:30 PM MOVER: Lisa Lynch SECONDER: Dick Joyce AYES: Joyce, Lynch, Skwarczynski, Cryder NAYS: Hill, Sandeno EXCUSED: Breisch

2. Appeal from Bob Koerner in Regard to LESA Interpretation - Pacifico

The appeal was read into record (attached) by Administrator Mary Kucharz. Appeal from Bob Koerner; Coal City stated that there were four LESA factors for the SA portion that were not appropriately interpreted by the Zoning Officer. She stated that the question before the ZBA is whether the values made for the four factors were valid and to either approve the appeal or defeat it. The ZBA is the appeals committee for all decisions made by the Building and Zoning Office of the Land Use Department. She continued that the LESA was a guide to be used in the evaluation of petitions and takes into account many factors and will always be site specific. She asked the ZBA to consider and make their determination.

There was discussion from the Vice Chair, Lynch and Hill that as long as it was a consistent process through the years and that the LESA for Pacifico should be upheld. Vice Chair Skwarcynski stated that there is trust in the abilities of the staff to complete the work that is evaluated by the ZBA.

Arvind Lognathon; Pacifico stated that the LESA evaluated by Miller was completed with her expertise of over 27 years of experience and knowledge and that the ZBA unanimously recommended their solar farm.

Koerner stated point of order and asked to speak.

Vice Chair requested that Koerner come up and speak.

Koerner stated that the LESA was not interpreted correctly and that there should be a "book of interpretations" that the County has to evaluate these issues.

Joyce stated that the ZBA rely on the facts that are present when making an evaluation.

Koerner questioned the scoring interpretation and stressed that was what is being appealed. Vice Chair stated that the LESA method should be re-established and the possibly the scoring should be such that it is reworded to make it a better document that is more understandable.

Sandeno said that if there were five people, they would all interpret factors in the LESA differently. Discussion continued that the LESA is a guide for the ZBA to make a determination.

Vice Chair closed the public comment at 9:15 PM.

RESULT: DEFEATED [UNANIMOUS] MOVER: Ryan Cryder SECONDER: Mark Hill AYES: Joyce, Lynch, Hill, Skwarczynski, Sandeno, Cryder EXCUSED: Breisch

IV. Old Business

There was no old business to discuss.

V. New Business

No new business was brought up by either the committee or staff.

VI. Adjournment

Vice Chair asked what items would be on the next agenda for July 16th. Miller stated that there would be two map amendments.

Vice Chair asked for adjournment.

Meeting adjourned at 9:28 PM.

1. Adjourn

Meeting was adjourned at 9:28 PM.

RESULT: APPROVED [UNANIMOUS] MOVER: Dick Joyce SECONDER: Lisa Lynch AYES: Joyce, Lynch, Hill, Skwarczynski, Sandeno, Cryder EXCUSED: Breisch

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