A luxury home under construction for more than two years in New Lenox Township has frustrated some area residents who said the project has altered the landscape, flooded their yard and goes against the covenants the neighborhood was founded on more than 30 years ago.
The Will County Planning and Zoning Commission, a recommending body, voted unanimously Tuesday to deny homeowner Darius Marciukaitis the variances necessary to build a 3,280-square-foot pool house on the same 1.49-acre lot as his 13,577-square-foot home under construction.
More than 20 residents of the 42-home Chartwell Downs Subdivision in New Lenox Township attended the planning and zoning commission to protest the pool house plans.
Bob and Jean Heniff said their future neighbor’s construction project has been troubling from the start, and the county considering a secondary structure on the property would only add to their woes.
The couple said contractors raised the land 6 feet to install the foundation, which blocked the natural flow of water and dammed up their property, causing their yard to flood and damaged their front lawn. The flooded yard extended about a few feet from the walkway leading to their door, they said.
“When it rained, you could row a boat in our front yard,” Jean Heniff said. “They ruined the lay of the land the way they built this. We’ve had land engineers look at this. This is an engineer’s nightmare what they’ve created here.”
The couple also questioned the sewage system being installed because the seepage field is sloping toward their property and septic tanks are 4 feet from their property line, which they said violates the 10-foot easement required in the plat of subdivision. They said they were concerned the seepage field was not placed in the location the permit allows.
“The sanitary (system) is very concerning,” Jean Heniff said.
The Will County Health Department last week sent a letter of violation of the county’s sewage treatment and disposal ordinance, and will conduct an inspection to verify violations have been eliminated, said Ashlyn Kirby, development analyst with the county’s land use department.
Violations included a proposed concrete sports court located fewer than 10 feet from the septic tanks and a line for the septic field damaged during construction.
Kevin Gosewisch, an attorney for Marciukaitis, said all steps to alleviate the neighbor’s flooding concerns and sewage concerns have been rectified.
Ryan Murphy with Sullivan Septic said he’s been in contact with the Health Department, and the septic system is up to code and a broken line has been fixed.
Gosewisch said Marciukaitis is a family man who selected the neighborhood to build a beautiful home, which is expected to be completed by the end of the year.
His client was still trying to decide how to proceed on the pool house proposal, Gosewisch said.
The village of New Lenox, about 1 1/2 miles from the construction site, sent a memo to the county last week objecting to the pool house because it was concerned about the length of time the primary residence has been under construction and the potential to convert the pool house to another home, which is not compatible with the surrounding properties or in compliance with the village’s comprehensive plan, according to village planner Jennifer Neubauer.
Neighbors said they were concerned the pool house would stick out in the neighborhood or be used as a vacation home, a claim Marciukaitis and his attorney denied.
Neighbors said only one single-family home is allowed per lot as stated in the subdivision’s covenants filed in 1990, but the proposed pool house is similar in scope to some of the nearby homes.
Jean Heniff, who has lived in the neighborhood for 29 years, said homes along her street are about 4,000 square feet.
Resident Michael Pape, who lives on the same street, said it’s not a stretch to think that a 3,280-square-foot pool house with a kitchen, bath and fireplace could be used as a second home or vacation rental. The ancillary structure is not a gazebo or shed, he said.
Pamela Pape said having a massive secondary pool house would set a bad precedent.
“While I can appreciate he wants to have a dream home, that doesn’t give him the right to come in and ruin all the dreams and beautiful homes in the neighborhood,” she said. “Our covenants clearly state you cannot have another home on the property. I don’t care if he calls it a pool house, a frat house or a warehouse, it’s a house.”
Ryan Kelly, the subdivision’s homeowner’s association representative, said residents are also concerned about the loss of trees and erosion of the land that was cleared.
“Sometimes the land doesn’t work to build the house that you want to build,” he said.
Bob and Jean Heniff said they want more county oversight on the project during the construction process, which has disrupted their lives for more than two years.
“We’re deprived of the use of our backyard and the enjoyment of our home and having our grandkids over for campouts in the backyard,” Jean Heniff said. “Our windows are covered with dirt. We don’t even wash them anymore. There’s clay all over everything.
Michelle Mullins is a freelance reporter for the Daily Southtown.
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