Proposed duplex raises erosion fears

Plans to build a duplex on the west side of North Milwaukee Street near downtown Port Washington came under fire last week when several people living near the new home expressed concern that the construction would cause the hillside to erode.

The duplex, which has been proposed by Robert Bach, would be built in the 200 block of Milwaukee Street between West Main and West Washington streets.

But Burt Babcock, who lives at the top of the hillside, asked the city’s Plan Commission on July 15 to be careful not to do anything that might cause a mudslide that could damage neighboring properties.

In 1996, Babcock noted, the hillside just east of his house gave way during a storm, damaging a building on Milwaukee Street that at the time housed the architectural firm of Ehrlich and Genson.

The slide deposited four feet of mud into the building, Babcock said.

And last year, he added, a mudslide that may have been caused by construction at the high school caused a significant amount of damage to the city’s recreation department property below.

“Whenever construction takes place, particularly in areas with clay and substantial slopes, damage can readily occur to adjacent properties to the side of it and above it,” Babcock said, adding that insurance doesn’t cover these events.

At a minimum, Babcock said, the city should require a stability analysis that would look at how the hillside will be stabilized and whether the site is suitable for construction.

“To me, it is common sense in an area that has already had a substantial mudslide,” Babcock said.

“The bottom line is do not build in areas subject to mudslides. If so, at a minimum require a global stability analysis.”

His comments were echoed by Barrett Genson, who said he and his partner were shocked when the 1996 mudslide caused $15,000 in damage to their offices.

“We had no hint this was going to happen,” he said. “I just want to make sure you do your due diligence so this doesn’t happen again.”

Bach told the commission that the townhouse meets the city’s three-foot back yard setback and is engineered with a cast-concrete retaining wall in a system that will not cause the hillside to slump.

“The last thing we would want is to cause any potential issues (for the neighbors or himself),” Bach said.

He offered to share the engineering study with the city engineer to be reviewed to ease any questions, and the commission made that review a condition of the building, site and operational plan approval.

Commission members also agreed to require several aesthetic recommendations from the Design Review Board, such as adding muntins to the patio doors, for its approval.

The three-story building, which will require a six-foot retaining wall in the back,  meets zoning and the setback requirements with the exception of the balconies, which encroach on the front setback, said Bob Harris, the city’s director of planning and development.

The commission previously approved a special exception for that encroachment.