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Kiddie Academy variance at 2614 Apple Valley Road withdrawn after residents cite trees, contamination and traffic
Summary
After extensive public opposition over loss of mature trees, proximity to a capped contaminated parcel and traffic concerns, the applicant withdrew its request for eight variances for a proposed Kiddie Academy at 2614 Apple Valley Road. Council approved the withdrawal.
The City of Brookhaven’s City Council accepted a request to withdraw an eight-variance application for a proposed Kiddie Academy at 2614 Apple Valley Road after residents raised environmental, safety and neighborhood-compatibility concerns.
Neighbors, including Isabel Moutre, Bridal (Bree) Murray and Stacy Finn, urged the council to reject or delay action on the variances. Moutre, speaking for the Apple Valley homeowners, said the proposed site is adjacent to a capped parcel with historic contamination and read from an EPA letter that warns against activities that could “deform, stress, break, and or pierce the capped area,” arguing that heavy construction or equipment could pose health and environmental risks. Residents also told the council the plan would remove most of a row of 65–85-foot trees that currently serve as a sound and visual buffer from a nearby Norfolk Southern right-of-way.
Residents described other problems they expect if the project moves forward as proposed: nighttime light spill from building facades and signage, two playgrounds on the property, and a parking and traffic pattern they say is inadequate for the facility’s size. “This is why we’re highly sensitive to any activity that may occur in this area. It’s our health we’re talking about,” Moutre said.
The applicant team, represented by Mark Robinson (developer) and Harsh Goyle (owner/operator affiliated with Kiddie Academy), said they have been engaging with city staff and neighbors and have communicated with the EPA. Goyle said site placement is constrained by city setback ordinances and described plans for 50 on-site parking spaces, and offered to explore design changes to preserve trees and adjust sidewalks.
Council members pressed staff and the applicant about the number of variances requested and the effect on the overlay district’s public open-space requirement. Multiple council members said the current site design did not respect the overlay’s intent and signaled they were not prepared to approve the package as presented. The applicant subsequently requested withdrawal of the entire variance package. Council Member (S5) moved to approve the withdrawal of Variance package 25-00013; the motion was seconded and approved on the council floor.
Because the applicant withdrew the package, the council took no final action on variances themselves. Council members invited the applicant to work with neighbors and staff on a revised site design and suggested possible options such as relocating or waiving the sidewalk requirement to preserve mature trees or reconfiguring access to reduce traffic impacts. The public hearing record remains available to the city.
Next steps: The applicant may reapply with revised plans; a denial would have barred reapplication for two years, but withdrawal leaves the door open for a revised proposal and further community review.
