By Marney Simon | Sentinel Staff
Fed up with noise from neighboring businesses, a group of Shorewood neighbors said they’re preparing for possible legal action where they feel the village has failed.
This month, Ravinia Drive resident Dave Musson approached the village board, asking once again for relief from problems created by a nearby business on Earl Road.
Neighbors said their peace and quiet is being disrupted by ongoing operations of businesses along Earl Road, including a truck washing business and an unsecured dumpster that is used by the public. (Photo by Marney Simon)
Musson has approached the board multiple times over the past year, seeking relief.
“I’m here representing myself and my neighbors tonight. We’re in our 21st month of having our peach and quiet in our neighborhood ruined,” he said.
Musson said he and his neighbors attended both planning meetings and village board meetings in January 2017 regarding changes at the site.
At that time, the village issued a conditional use permit to R&L Ultimate Truck Shop at 301 Earl Road.
The permit allowed automotive/truck service and cleaning for vehicles including semi-trucks.
Residents came forward with concerns about 24-hour operations at the site, drainage issues, problems with parked trucks and lighting, and possible property maintenance issues.
Per the permit, vehicles that are parked overnight must be parked within a fenced in area, and pickup of those vehicles is prohibited between the hours of 8 p.m. and 8 a.m.
“All of my neighbors attended that meeting, and there were some amendments offered up by the zoning board. And the owners and the residents all agreed that those would meet our concerns with what these properties were going to be used for,” Musson said. “That was forwarded to the village board, recommended to the village board, it was approved as it was written, and none of the things that were incorporated into that conditional use permit by the zoning board have ever happened. As I understand the village codes, this board had the ability to suspend the business license of the company until it met the conditions, and it chose not to… but for that fact, we wouldn’t be talking about this now.”
Musson has issued several complaints to the board during regular meetings for much of the past year. He contends that he and his neighbors are facing a severe quality of life issue, as businesses along Earl Road operate well past established business hours. Musson and his neighbors contend that among the businesses are a repair shop operating without a license, ongoing noise, and at least one person possibly living on the premises. Musson also said there is an unsecured dumpster on the premises which is often used by the public at all hours of the night, and a loading dock in use that is too close to people’s homes per code.
Musson said he met with individual board members over the summer and submitted a list of complaints but that so far, nothing has been done.
Now, the neighbors are eyeing possible legal action.
A small easement is the only thing that separates homes on Ravinia Drive from commercial sites on Earl Road. Neighbors have complained to the village board about code violations at the site but said they will now consider legal action to halt activity that they said has been an ongoing blight on their neighborhood for the past 21 months. (Photo by Marney Simon)
“Is there anything that my neighbors and I can do, that the board wants us to do, before we seek legal advice to resolve these problems. What can we do? Tell us what we need to do to resolve these problems,” Musson asked the trustees.
Board members did not have an answer for how the neighbors could address the issues themselves. While the trustees acknowledged Musson’s frustration, but said the issue was in the process of being handled.
“From my understanding, we’ve been consistently working with this and working with the owners and trying to work with you at the same time. We’re working on trying to get it done,” said Trustee Dan Anderson.
Trustee Anthony Luciano echoed that sentiment.
“I know you have a problem there… and you’ve come here several times and we appreciate you coming. But by the same token, it takes time to correct what you’re trying to do, and they are working on it,” Luciano said. “They’ve been working on it for the last several months.”
Mayor Rick Chapman apologized to Musson and his neighbors for the length of time it has taken to address the issue, noting some turnover among village staff that has pushed the issue to the backburner. Chapman said he has personally sat down with the business owners to discuss mitigating the disruption to neighbors from the business.
“There’s a fence that has been agreed to be put in, they are still checking on the timing of that, and that’s directly behind you, there is going to be a fence and they’ve already agreed to that. It’s a timing issue, getting the permit and getting the fence built,” Chapman said. “I know it wasn’t just yesterday or the day before or anything like that, it’s going to take a little time. And I understand your frustration, I’ve been through it and heard it and went over there myself.
Chapman said he understood that Musson was frustrated with the village board, but said the board has no plans to abandon the issue until it is resolved.
“Your opinion of this group is it’s just bullsh** over and over again, and that’s not the case. We’re actually trying to get something done for you. Let me be the one to apologize for the system failing you,” Chapman said.
Musson said he understood that the issue would take time but added that he and his neighbors have reached their tipping point.
“I’ve asked for action and all I’ve gotten is, the fence is going to be up within two weeks, the fence may go up before winter. Twenty-one months,” Musson said. “This is our lives at 21 months.”
The board did not discuss the issue or any potential action further.