Contractor Defies Hinsdale Police, Village Hall: Report

HINSDALE, IL – A contractor told Hinsdale police that his workers would do one thing earlier this month, then right afterward, they did something else.

That's according to a police report obtained through a public records request from Patch.

The issue is landscaping behind the two-story building being constructed at 110 E. Ogden Ave.

At one point in the project, workers removed trees and brush behind the property. That upset the neighbors, whose house was now in plain sight of Ogden, a major thoroughfare. The neighbors said trees were removed from their side of the line.

The village contended this removal violated the permit for the project. Officials said they ordered the business to refrain from landscaping next to the lot line until an agreement can be reached.

On Oct. 1, the neighbors called the police to report that workers were apparently doing landscaping anyway.

When an officer showed up about 10:30 p.m., landscape manager Jose Correa Maya said the crew was not doing any landscaping, just pulling weeds and cleaning, according to the police report.

The contractor, Michael Zalud, said they were allowed to clean and pull weeds. The officer said that would be fine as long as that's all they were doing.

Less than three hours later, police were called again that new bushes were being planted on the property line.

The officer said he saw bushes along the property line that were not there when he first visited, the report said.

The officer told Maya he was not allowed to do any more landscape work on the property line. Maya said he understood, police said.

The officer also spoke with Zalud, asking him why the workers planted new bushes when they were told they were not allowed.

Zalud told the officer it was not a police matter and that the officer should not be there, the report said.

Zalud said the workers were allowed to do whatever they wanted on the property, police said. He also said Rob McGinnis, the village's community development director, was aware of the new site plan.

Police said Zalud had been earlier emailed a document by McGinnis stating the business was not allowed to do any landscape work on the property line until it adjusted the site plan.

The building is set to house the chiropractor's office of Dr. Cara VanWormer-Hartman.

At a Village Board meeting last week, Village President Tom Cauley said he was called about the dispute Oct. 1 and watched the project from across the street. He said he saw workers planting trees when the contractor was saying they were not.

Cauley accused the project's representatives of lying to police and McGinnis.

At the meeting, VanWormer-Hartman's attorney, Patrick Walsh, said the accusation of lies was out of line. And he suggested the police report may be wrong, though neither he nor his client gave their side's account of Oct. 1.

In an interview Friday, Walsh pointed to the zoning board's March 16 order, which included no rule or prohibition on landscaping on the property line. As for Cauley's accusation of lies, Walsh said, "Respectfully, that was wrong. He was either misinformed or misstated the facts."

During the meeting, Cauley said the village may withhold the building's occupancy permit. VanWormer-Hartman countered she may go to court if that is the case.

The Village Board plans to take up the issue again at its meeting Tuesday.