The McHenry County Zoning Board of Appeals voted 7–0 on Oct. 21 to recommend approval of a conditional use permit for a 4.99-megawatt commercial community solar facility proposed by TPE Illinois MH681 LLC for about 74 acres on the east side of South Crystal Lake Road, roughly one-quarter mile south of Mason Hill Road in Nunda Township.

The board’s positive recommendation follows presentations and evidence from the applicant, staff reports and public comment, and includes nine conditions attached to the recommendation and a requirement that the site development plan dated Oct. 21, 2025, govern construction.

The proposal calls for a ground-mounted array sited primarily away from nearby homes with vegetative screening and native “pollinator-friendly” plantings under and around the panels. The applicant described project benefits including local construction jobs, an estimated tax contribution over the project lifetime and subscriber savings through ComEd community-solar subscriptions.

Kyle Barry, an attorney with McGuireWoods representing the applicant, told the board the facility would have a total capacity of 4.99 megawatts. "I'm here today representing the applicant, which is seeking a conditional use permit for a 4.99 megawatt, commercial solar energy facility that falls into the category of a community solar facility," Barry said during the hearing.

Turning Point Energy (TPE) project developer Gloria Foxman described design choices intended to reduce visual and environmental impacts. "We did attempt to design this project with consideration for the neighborhood and the neighbors as far back from the road as we possibly could, and with additional vegetative screening," Foxman said, noting the team plans to comply with the Illinois solar pollinator scorecard and to plant native pollinator species beneath arrays.

Applicants submitted environmental and technical studies included in the permit packet: a wetland delineation and environmental constraints report, a noise analysis, a glare study and a decommissioning plan. The civil and environmental consultants said the layout avoids the largest wetland feature and the majority of ephemeral streams and buffers; they also reported coordination with state and federal reviewers.

The applicant said a portion of a small, farmed wetland identified in the delineation would be affected by racking but that the U.S. Army Corps of Engineers issued a “no permit required” (NPR) finding for that specific non-jurisdictional farmed wetland. Consultant Catherine Carlson (Kimley‑Horn) and the project team told the board they avoided placing panels in the larger jurisdictional wetland and its 100-foot buffer.

Board members and staff pressed the applicant for details about the delineation and maps. McHenry County staff confirmed required public-noticing steps were completed and that the county’s standards — including wetland buffer requirements and other siting criteria — were addressed in the application and recommended conditions.

The hearing also included several public concerns. Randy Werkis, who identified himself as the owner of the adjacent golf course, questioned potential damage to panels and the effect of glare and errant golf balls. "How do we stop golf balls from breaking glass? You're way too close," Werkis said. He asked who would be financially responsible if panels were damaged.

The applicant acknowledged the proximity to the golf course and said panels are built to withstand hail and typical impacts; the applicant did not commit in the hearing to a specific indemnity arrangement. The board and staff noted that fencing and higher protective screens can be permitted in some circumstances and that the applicant said it would work with the neighbor after the hearing.

Other project details provided to the board included an estimate of 50–75 construction jobs for about 12–18 months, a developer estimate that the project would generate roughly $850,000 in property taxes over its lifetime (summary figure provided by the project’s appraiser), and a community contribution typically in the range of $15,000–$30,000 per project. The applicant said ComEd interconnection work would be paid by the project and required some minor adjustments to array and access positions; one change noted at the hearing was that poles and an access drive were shifted about 10 feet to the south to meet utility easement requirements.

On wetlands, the applicant's consultants said Wetland 1 is the larger jurisdictional feature (about 3.4 acres as reported in the delineation) and that a separate smaller, farmed wetland (reported as about 0.11 acres) had different regulatory status; the applicant said it planned to avoid placing panels in the jurisdictional wetland and its 100-foot buffer and that the small farmed wetland alteration had been reviewed with the Corps. The board discussed the delineation at length and concluded staff and the consultants had resolved inconsistencies in mapping during the hearing.

After questions and public testimony, the board voted 7–0 to accept the nine proposed conditions (including making the Oct. 21, 2025 site plan the governing plan) and then voted 7–0 to recommend approval of the conditional use permit to the McHenry County Board. Several board members urged the developer to continue outreach with neighbors and to consider additional screening along the golf course.

"I believe that all of the standards have been met," said board member Charlie Eldridge as he explained his vote in favor.

The matter will be forwarded to the McHenry County Board for final action; under the county process the Board of Appeals makes a recommendation and the County Board takes the final vote. The applicant said it will continue coordination with regulators, ComEd and adjacent property owners as project design moves toward permitting and construction.