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By a 5-1 vote, Trustee Jamie Zaura dissenting, the La Grange Park Village Board Jan. 24 approved an ordinance for a plat of subdivision for the sale of the American Nuclear Society (ANS) property at 555 N. Kensington Ave.

The property will be sold to McNaughton Development, a prominent local developer that plans to build eight single-family homes on the 1.44-acre site.

The proposal has met with concerns from many residents about the nature of the development, which Village President Jim Discipio noted in his remarks introducing the subject. But he also pointed out the legal realities.

“McNaughton’s plat of subdivision proposed lots and detention pond all conform to existing zoning and stormwater management requirements,” he said, noting that state law left the Village no choice but to approve the plat.

In order to meet the Village’s stormwater requirements, McNaughton also plans an outlet for stormwater detention for the property.

The 27,000 square-foot building currently on the property was built in 1929 and served as Oak School until Park Junior High School replaced it in 1975.

McNaughton’s plans for the property sparked interest from many community members concerned that it would alter the historic nature of the Village.

Summaries of activity relating to the issue can be found online at lagrangepark.org, both on the Village’s homepage and under the agenda for the Jan. 24.

The property has always been zoned R-1 Single Family, and when ANS purchased the property in 1976, it was issued a special use permit to operate there, with the understanding that the permit would expire if ANS ceased operations and the property would retain its original residential zoning.

Those conditions were reinforced by the Village’s 2006 Comprehensive Plan, which explicitly stated that the property would revert to single-family residential. ANS listed the property for sale in 2021.

Several residents spoke in opposition of McNaughton’s plans for the property, including Donna Twickler, Chairperson of the Village’s Sustainability Commission and 34-year veteran of the Environmental Protection Agency.

“This is the only large historical structure in La Grange Park,” she said of the 100-year old Art Deco building. “It doesn’t reflect the character of the 2006 Comprehensive Plan’s commitment to preserving historic places.”

Twickler went on to say that there might be an agreement between School District 102 and ANS that gives the school district the right of first refusal in the event of a sale. She asked that the decision be put on hold until such a document could be found.

Patty Conway echoed Twickler’s sentiments, arguing that the plan would not be a good fit in La Grange Park.

“An eight-home subdivision is going to change the feel dramatically,” she said.

Any right of first refusal clause was news to Village officials.

Responding to a question about the issue from Trustee Mike Sheehan, Village Attorney Cathleen Keating expressed doubt, saying that even if such a clause existed “it’s not binding if it’s in a contract, it has to be recorded against the property in a deed … I can’t imagine that the transaction would have progressed this far if there’s a right of first refusal and the appropriate notice was not given to the school district.”

During comments before the vote, several Trustees not only expressed support for the plan — and praise for McNaughton — but pointed out the legal difficulties that might result from interfering with the transaction between two private parties.

“Do we save Oak School, or do we put La Grange Park into a position of litigation,” Robert Lautner asked. “I would support this ordinance.”

The developer meets all the Village’s zoning requirements and seeks nothing in the way of a special use permit or any variations.

As the information on the Village’s website points out, McNaughton’s plan meets the three legal requirements to be granted the plat; it satisfies Village Code regarding lot size, Village stormwater requirements, and conforms with the State of Illinois Plat Act.

Therefor, the Village is required by State law to grant the plat within 60 days of the application.

Not every resident was opposed to the idea of new neighbors.

“I’m excited and hopeful at welcoming eight new families into that same neighborhood,” Herbert Massin, who lives directly across the street from the proposed subdivision, said. “The time for further talk and study is over.”

The next La Grange Park Village Board meeting will be 7:30 p.m., Tuesday, February 13 at the Village Board Room, 447 N. Catherine Ave.

Hank Beckman is a freelance reporter for Pioneer Press.