The Board of Appeals on Aug. 20 deferred action on a proposal to develop four infill lots at the north end of Divine Circle and to construct a new public street and a stormwater detention pond. The board set a new hearing date for Sept. 17 to allow more time for technical review and community engagement.
Applicant representatives said the plan addresses existing stormwater problems by building a stormwater pond sized to capture upstream flows and by constructing the public street to city standards; the applicant also said the city would accept ownership and maintenance of the pond once built. "We're building the pond at developer expense and dedicating it to the City of Brookhaven," the applicant's civil engineer said, adding that the improved pond would reduce downstream flows.
Neighbors, however, described the area as the end of the neighborhood where children play and where the recent Linwood Park improvements already generate high weekend parking and congestion. "Our street is already overwhelmed," said one resident, citing an incident this July when a child was knocked down near the recreation center. Speakers also warned that connecting Mendel Circle to Divine could convert a cul‑de‑sac into a through street, increasing traffic and safety risks.
Board members acknowledged many concerns fall outside the appeals board's narrow variance scope (setbacks, stream buffer and impervious coverage) but said the neighborhood's public‑safety and traffic questions deserved more time for study. One member proposed the deferral so the applicant and staff could examine whether the road cross‑section could be widened or house footprints reduced to ease impacts. The motion to defer to the Sept. 17 meeting carried unanimously.
The deferral does not approve the variances; the board asked staff and the applicant to return with additional information about street width, the stormwater facility, and possible ways to reduce visual and traffic impacts.