Neighbors Speak Out at Baxter Estates Hearing

After the ended with almost no time for them to talk, Baxter Estates residents passionately voiced their concerns and demanded answers from the village's Zoning Board Wednesday evening over the gabion retaining wall being constructed by Phyllis and Philip Gallo on their property. Neighbors expressed their concerns over the wall's safety and aesthetics, and many of them expressed hope that some middle ground could be reached in the dispute.

According to Daniel Baker, the Gallos' attorney, the wall was erected to protect their Locust Avenue property, in particular, their garage.

"Their intention was never to do anything that would harm anybody," Baker said. "They are simply trying to protect their property and their garage, which is already showing signs of faltering due to erosion."

However, according to testimony, the Gallos added onto their original plans without getting it approved by the zoning board, and the wall is currently closer than the three-foot setback required by village code. The wall is seventeen inches from the property line of the Landsbergs, the Gallos' neighbors. Nina Bernstein, the Landsbergs' daughter, brought photos to Wednesday's hearing, showing how the wall can be seen directly from her parents' bedroom window.

"This wall is a source of incomparable distress to my parents," she said, calling the wall a "monstrosity."

Neighbors agreed that the wall is intimidating and inconvenient for the Landsbergs. "It's too tall to be right up against someone's bedroom," said Baxter Estates resident Lynn Rengepis. "It's like trying to bulldoze an elderly couple."

Baxter Estates trustee Alice Peckelis said she first received complaints from the Landsbergs in 2009. Muriel Landsberg invited her into her house so she could see the view of the wall from the bedroom, and she described it as "intimidating" in her statement to the Zoning Board.

Patrick Fife, the Landsbergs' attorney, pointed out the wall stands 18 feet high at some places, which is bigger than most of the houses in the village, and it blocks out light and natural views from the Landsbergs' home. "The Landsbergs are victims – they never consented to this."

Baker said after reviewing feedback from neighbors and the previous hearing, the Gallos have decided to remove three rows of cages from the gabion wall as a compromise. Baker said plans will be submitted to the village most likely by next week.

Despite this promise, neighbors were still upset and some voiced their concerns emotionally during the hearing, with several accusing the Gallos of using the wall as a ploy to build themselves a terraced backyard and one resident calling the couple "aesthetically challenged."

"This wall doesn't belong in Baxter Estates, our pristine area," said Perry Rengepis, who brought photos of the wall to back up his point. Referring to the Gallos' promise that they would use foliage and plant life to conceal the wall, Rengetis said it took 18 years for plants to grow on a similar wall in the village. 

Abigail Orshefsky said the wall is affecting everyone's property values, not just the Landsbergs. "No one wants to live across the street from something that looks like it's on the side of a highway." 

Orshefsky said she understands the Gallos need to preserve their garage and suggested they look into finding an alternate kind of wall to prevent erosion, as she and other residents on their side of the street have similar problems and use different kinds of retaining walls. She added the walls should "look right" in the village, even if it means replacing them every so often like she had to. "If you live in Baxter Estates, you know these things about the village," she said.

Most of the neighbors in attendance expressed sympathy for both sides and hoped an agreement could be reached that would satisfy everyone. "There has to be a middle ground somewhere," said Stuart Rosen, who added that the village's laws concerning this matter were too vague, something attorney Daniel Baker agreed with. "We should have clear-cut ordinances in this village."

"This is a problem that's not gonna go away," said Baxter Estates mayor Fred Nicholson, who  pointed out that all the homes on the Gallos' side of Locust Avenue have the same erosion problems. Like Orshefsky, Nicholson suggested looking at the retaining walls the other homes have in place. "There should be some sense of balance here."

The hearing will continue on April 27, at 7:30 p.m. at Village Hall.