‘It’s a shame’: Deer Park residents at odds over now-forbidden path to park

For nearly 40 years, a narrow path through parts of two Deer Park yards has given kids and other residents of the Ferndale Woods subdivision a shortcut to nearby Charles E. Brown Park.

Made of crushed limestone and bordered by wooden beams, the nearly 200-foot-long path significantly reduces the time it takes to get to the park. It also lets people avoid walking along streets that don’t have sidewalks — including busy Lake-Cook Road — or having to drive to get there.

But for about a week now, the path has been closed to the public.

While the 3-foot-wide trail isn’t barricaded, an announcement on Deer Park’s website says one of the residents whose property it cuts through terminated the agreement governing its public use. The statement asks neighbors to respect the homeowner’s rights “and not enter upon or cross the property.”

As a result, what once was a short walk is now a 1- or 2-mile trek that can take 25 minutes or more by foot or at least 6 minutes by car, depending on the route.

Many Ferndale Woods residents aren’t pleased. They’ve called the path a critical resource and have pleaded with village officials to find a solution.

“It's a shame to see an asset like this go away,” frequent path user Michelle Brandt said.

Made for pedestrians

Ferndale Woods is a bucolic, somewhat isolated subdivision north of Lake-Cook Road and west of Deerpath Road. It’s filled with million-dollar homes on large, well-manicured lots.

Charles E. Brown Park is just to the north, at 23125 Long Grove Road. The village’s largest park, it has a playground, basketball and tennis courts, a pavilion and other amenities.

The path to the park runs along the shared property line of two houses on North Lea Road. The village inked a licensing agreement in 1988 with the then-owners to build it, Village Administrator Beth McAndrews said.

Longtime residents say it replaced a dirt trail people used to get to the far side of a nearby lake before the two homes were built.

A new agreement was drawn up in 2016 after the properties changed hands. It ensures the village maintains the path and indemnifies the owners in case someone is hurt on the path, among other things.

Ownership never transferred to the village. Similarly, the homeowners never have been financially compensated for allowing the trail on their properties.

“That is important to note,” McAndrews said. “They voluntarily allowed the path to remain and be used by pedestrians only.”

That’s the source of contention.

Are e-bikes to blame?

Most of the path is on the western edge of homeowner Scott Lammers’ property. Lammers, a member of Deer Park’s planning and zoning commission, objects to people riding e-bikes and e-scooters on the path.

“They can fly down this path pretty good,” said Lammers, who moved to Lea Road in 2013.

In response, the village posted a sign near the southern end of the path that tells visitors motorized vehicles, e-bikes and scooters aren’t allowed in the park. But people still zip by on them, Lammers said.

Lammers also disapproves of people using the path before sunrise and after sunset. Littering and disrespectful interactions with path users also have been problematic, he said.

Lammers said he twice suggested Deer Park officials annually distribute a letter to residents detailing rules for the path and making it clear that its use is a privilege.

“Had they done that, we’re probably not here where we are,” he said.

Lammers notified village officials of his intent to end the agreement in July. The agreement required 30 days’ notice; he set Aug. 15 as the termination date.

Lammers requested the village post signs at both ends of the path saying it has been permanently closed and that any use is trespassing. He also asked the village restore the path to a natural setting, as required by the agreement, by Nov. 15.

However, Lammers said he’d welcome reopening the path if a way to enforce “100% compliance” could be found.

The owners of the other property traversed by the path couldn’t be reached for comment.

‘It’s going to make it worse’

Brandt and many other Ferndale Woods residents want the path reopened to the public. Without it, she said, walking to the park is too strenuous and dangerous.

“I’m not having my kid walk out on Lake-Cook Road,” Brandt said. “I just hope that we can come together and find an amicable solution for everybody.”

Until access to the path was cut off, Ferndale Woods resident Irina Buzil used it several times a day when walking her sheepadoodle, Zelda, or running. The path was one of the reasons she bought a house in the subdivision.

“It was in my listing,” Buzil said. “Being close to the park was important.”

Buzil doesn’t think eliminating the path will keep people from cutting through Lammers’ yard. “It’s going to make it worse,” she said.

Ferndale Woods residents packed into Deer Park’s Vehe Barn on Thursday night to share their feelings about the path with the village board. Everyone who spoke bemoaned its closure.

“Once this connection is gone,” Jennifer Draper said, “we may never get it back.”

Village President Greg Rusteberg called the conflict “a very complex situation.” He tried to assure the crowd that their comments would be considered.

“We know it’s important,” Rusteberg said. “We will find the right solution.”

rlissau@dailyherald.com