Board denies Remington Road retaining-wall and setback variances after neighbor concerns

Michael Gadoloff, the property owner and applicant, asked the Brookhaven Board of Appeals to approve two variances for a pool and retaining-wall setbacks at 1861 Remington Road. Staff recommended denial in its report; neighbors and board members highlighted concerns about prior grading, tree loss, and potential impacts to adjacent properties.

Board scrutiny and opposition: Multiple board members pressed the applicant on why the wall sits at the property line and whether the work was intentional. One board member described the situation during debate as “egregious” and “flagrant,” saying the wall’s placement and post-construction approach placed an unfair burden on neighbors. Neighbor Carol Ash Simpson said past site grading and tree loss had already harmed adjacent properties.

Applicant response: Gadoloff told the board he contacted staff when he believed he had made a mistake and said he had paid fines and sought guidance. He argued removing the wall now would cause runoff to neighboring lots and asked for direction on how to come into compliance.

Staff response and next steps: Staff noted that a denied variance would prevent similar requests for two years and recommended the applicant work with code enforcement and the planner on a compliance path or a redesigned plan. The board voted to deny both variance requests unanimously; staff will follow up with the applicant on compliance options.

Outcome and implications: The denial preserves the zoning setback standard and places a two-year limitation on reapplying for similar relief. It also underscores the board’s concern about works that place structural elements on property lines without clear maintenance responsibilities.