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Board approves Grant Drive stream‑buffer and setback variances over neighbor objections
Summary
The Brookhaven Board of Appeals approved two variance packages for adjacent Grant Drive lots, allowing reduced stream buffers and smaller setbacks. Opponents warned of erosion and flooding; the developer’s engineers said a stormwater system would control flows. Each variance passed 3–1 with conditions, including an engineer certification of erosion controls.
The Brookhaven Board of Appeals on a split vote approved two variance packages that will let developers build on two long‑undeveloped Grant Drive lots by reducing stream buffers and shrinking front and interior setbacks.
Supporters, including the applicant’s hydrology expert, said engineered stormwater improvements would reduce sediment and stabilize the site. Dr. Brian Wellington, a civil engineer and erosion‑control specialist, said the three‑part plan of riprap, rain gardens and dry wells was designed to control flows and “capture 100% of the flow coming off the lots,” limiting downstream impacts. He added the design had been reviewed by city staff and “based on our analysis…there’ll be no impacts to downstream properties.”
Neighbors and community members urged denial, citing visible erosion, fallen trees and ongoing sediment in the creek traced to a city‑owned stormwater pipe. Tristan Ford Hutchinson, who lives nearby, said a 1‑year rainfall event amounts to roughly “about 7.5 standard backyard swimming pools” of runoff and described a 7‑foot‑8‑inch drop that is actively eroding yards and undermining trees.
Board members debated the tension between neighborhood character and technical mitigation. The board added and accepted a staff‑drafted seventh condition requiring the owner to provide a licensed engineer’s letter confirming that erosion and sediment controls are correctly installed prior to the preconstruction inspection. One member voted against each variance; the motions passed 3–1.
The variances approve, in effect, narrower stream buffers (to 25 and roughly 29 feet on the two lots), a reduced front setback (to 8 feet in each request) and a modest interior setback reduction (to 6.5 feet), all subject to the staff conditions listed in the packet and the newly added erosion‑control verification. The board noted that maintenance and long‑term performance of privately held stormwater systems remains a community concern.
With the approvals, the applicants may proceed to permit and construction steps required by the conditions. Opponents said they will continue to monitor whether the engineered measures are installed and maintained as promised.
