Baxter Estates Zoning Appeals: Gallos Must Reduce Wall Height

Following three hearings, Baxter Estates' Board of Zoning Appeals made public its decision regarding a controversial retaining wall built by Philip and Phyllis Gallo on their Locust Avenue property. The decision was revealed at the board's monthly meeting Wednesday night at .

While the Gallos are able to keep their retaining wall, in order to protect their property from collapsing, the wall's height cannot exceed four feet from ground level.

The decision comes after hearings began in March. The Gallos and their attorney, Daniel Baker, insisted that the wall was constructed in good faith, and only to protect their garage from sliding down their property's slope. However, at a public hearing in April, with complaints ranging from the wall's safety to its appearance.

Nina Bernstein, whose parents William and Muriel Landsberg, live next door to the Gallos, complained of debris and other runoff from the wall ending up on their property. Nina Bernstein also told the board that the Gallos' wall can be seen directly from her parents' bedroom window, causing them distress.

In the board's decision, read at the meeting by Village Attorney Chris Prior, the board acknowledged that the Gallos' retaining wall is appropriate for them to protect their garage, as "there was not a feasible alternative to address the difficulties experienced." 

"Their garage is in pretty bad shape, and the slope's unstable," said Zoning Appeals Chairman Matthew Tedone. However, the board also concluded that the height of the Gallos' wall was "far greater than necessary," standing 18 feet high at some points. As a result, the board decided that the Gallos' wall could not exceed four feet from ground level.

The decision also states that any fill or debris not contained by the wall must be removed from the Gallos' property. Joe Saladino, the village's building inspector, added in the agreement that he wants to keep an eye on the wall post-completion, to make sure there is not runoff. If there is, wells and other drainage systems will be considered.

With the decision approved, the Gallos and their engineer now have 30 days to submit a revised plan adhering to the new guidelines, which will then be looked over by Saladino.