Date: Tue, 10 Oct 2006 20:49:21 -0700 (PDT)
From: Jim Mazer
Subject: Nelson Meadows Development Concerns
To: dfieldman@downers.us
Cc: bkrajewski@downers.us, mschnell@downers.us, mtully@downers.us

Dear Mr. Fieldman,

My wife Gail and I live at 5800 Carpenter Street, which borders the proposed Nelson Meadows subdivision on the south. We have watched the plans for this project and have had grave concerns that the proposed development would have fatal consequences for our twelve mature black walnut trees that run parallel to the property line. These are rare and beautiful trees that are irreplaceable.

We have four ongoing concerns:

We were disappointed to see that the Village has included a clause in the Subdivision Improvement Agreement that absolves the developer of liability for damaging our trees (section 15, page 8). An opinion that was also expressed by Commissioner Tully at the February 20, 2006 Council Meeting that he was not sure that this is legal, and we believed the Village was going to remove or reword the provision to protect our private property rights.
At the February 20, 2006 meeting with the Village Council, a number of commitments were made to the Council regarding my trees, specifically that fencing plans would be made in coordination with us and Edith Makra (a certified arborist from the Morton Arboretum). Mayor Krajewski and Commissioners Schnell and Tully asked for this coordination so that our concerns regarding the trees' continued health could be a part of the planning process. To date, the only contact my wife and I have had has been a single visit from the Village Forester, and this visit did not include the expertise of Ms. Makra.
In the absence of any input from Edith Makra and us, it seems premature for the developer to be drafting and proposing fencing plans until he has lived up to the agreements he made to the Village Council to base the fencing plan on the independent arborist and us as adjoining property owners.
All of us in the neighborhood want the walking path along the south border of the property between our trees and the construction fence to be open during construction, not barricaded. Pedestrians, especially school children, need to continue having a safe route between Carpenter and Jefferson. This path has always been open; the Nelsons never prevented pedestrian traffic; even the developer left it open when he erected a silt fence last year; and the Village Council specifically required the easement for the path as part of the approval process. If that path is closed, the people that currently use the path will be traveling between Carpenter and Jefferson by going through our property and the Cronins' property rather than the walking path easement that the developer has already given to the public. We find this imposition unacceptable, and do not believe that the Village should impose this hardship on us for the convenience of the developer.

Your consideration and help in these matters would be greatly appreciated, and would address the Council's concerns and requests that appear to have been neglected by the developer up until now.

Jim and Gail Mazer
5800 Carpenter Street

From: Fieldman, David
Sent: Friday, October 13, 2006 3:26 PM
To: 'Jim Mazer'
Subject: Responses to your concerns about the Nelson Meadow development

Mr. & Mrs. Mazer,

I have compiled the responses to the issues you raised about the Nelson Meadow development. The Village's role in this process is to facilitate the development of the site according to all Village codes and ordinances including the approved Subdivision Improvement Agreement. In addition the Village will work with the surrounding residents to address their concerns. On some occassions, the expectations of the neighboring residents are not exactly aligned with the Village's regulations. When this occurs, the Village staff attempts to identify ways to meet the residents' expectations. Some of the concerns you raised fall into this category. As a first step in identifying ways to meet your expectations, the Village will be hosting a neighborhood meeting on Monday, October 30, 2006 at 6:30 PM in the Council Chambers at Village Hall. I will be sending out the invitation letters on Monday. The developer will be in attendance. We will have the opportunity to discuss your concerns with the developer in further detail and identify ways to address the concerns.

The Subdivision Improvement Agreement is an agreement between the Village of Downers Grove and the developer. Section 15 of the agreement addresses issues related to compliance with the approved tree preservation plan. The language about liability deals only with liability issues between the Village and the developer. This language does not affect your rights as a property owner or your ability to address any issues related to damage of trees located on your private property by another private party. Section 15 of the agreement also requires the developer to submit and comply with a tree preservation plan designed to protect your black walnut trees. The agreement further states that the developer shall prepare the plan in consultation with a licensed arborist. The developer prepared the required tree preservation in consultation with Charles Stewart, a licensed arborist from Urban Forestry Management. The tree preservation plan has been reviewed and approved by the Village Forester, also a licensed arborist. The plan, which addresses fence location and specific tree preservation techniques, will be presented and discussed at the neighborhood meeting.

The tree preservation plan prepared and submitted by the developer complies with Village Codes and Ordinances and with the Subdivision Improvement Agreement. As mentioned above, the Village will be presenting this plan at the neighborhood meeting and would like your input at that time or at a future time prior to the start of construction activities.

The construction fencing plan submitted by the developer indicates that a barricade will be placed near the east side of the existing informal path located on the subject site. However, Village staff has been contacted by several residents in the area voicing concerns about closing this path during construction activities. This issue will be discussed during the neighborhood meeting. The Village is willing to consider making changes to the construction fencing plan based on the input from the residents. In addition to the input from the residents, staff will consider other factors such as public safety.

I look forward to working with you as this project proceeds. Please let me know if you have any questions or comments.

David Fieldman
Deputy Village Manager
630-434-5526

Request for records related to participation of Charles Stewart, a licensed arborist from Urban Forestry Management, in the Nelson Meadow subdivision, October 16, 2006

From: von der Heide, Kerstin
Sent: Tuesday, October 17, 2006 5:16 PM
To: Barber, David
Subject: RE: FOIA -- Charles Stewart

I have nothing from Mr. Stewart other than what was submitted with the Nelson Meadows plans - tree inventory etc that are shown on the plan sheets. Though I know Mr. Stewart, I have not had any correspondence (phone calls, e-mails, letters, etc.) with him about this project.