call to order the Livingston Zoning Board of adjustment meeting good evening and welcome this is the public hearing for the Livingston Zoning Board of adjustment today is July 23rd 2024 if you are an applicant for a d or use variance you should be aware that such a variance can only be GR granted after showing that special reason for the grant of the variance exists and that variance can be granted without substantial detriment to the zoning plan of the township of Livingston you should also be aware that in order to be granted such a variance you will require an affirmative vote of five members of the seven member Board of adjustment other variances require a majority of four members to grant that variance if you are an applicant for any variance and your variance is denied by this board you have a right to appeal to the superior court of the state of New Jersey within 45 days of notice of decision and that Court May overt the decision of this board if you are an objector to any type of variance that has been granted you too May appeal to the superior court of the state of New Jersey within 45 days of the notice of decision if you do file an appeal I ask that you please provide a copy of your complaint to the planning administrator Jackie haris pursuant to the requirements of the open public meetings act also also known as the Sunshine Law adequate notice of this meeting was provided to The Star Ledger and westex Tribune and a copy was also posted on the bulletin board of the municipal building in addition to having notice posted notice of this meeting was placed on the Township's website members of the public will have an opportunity to ask questions or to make statements regarding each application at the appropriate time when the time comes if you would like to address the board please come to the front and use the microphone so we can make sure your comments or questions are part of the record we will now call the roll call the role Miss Khan Miss Khan is here Mr Kenya here Mr sha yes Mr Sherman here miss Yuan here miss Kana here and Miss Hollis is here from the planning board and Mr jamus our board attorney is here thank you Miss G I also want to mention that uh chairman EDB is uh absent today so I am sitting in for him thank you there's a slight change in today's agenda application number five block 2602 LW 2935 sikur Avenue will has been adjourned to next meeting no notice shall be no notice is required and the date is August 27 7th M Khan please call the first applications block block 1600 Lot 395 briercliff Road application number 202 24-9 DV uu Wong applicant seeks approval for new construction of a single family residence in violation of the following section 17087 cc4 front yard setback 40 ft required 30.10 proposed 9.9 ft variance requested 17087 cc3 habitable floor ratio 30% allowed 46.0 6 proposed 16.06 variants requested good evening would you please each of you state your name and spell it please yeah my name is is U one y u f i uh last name is W mg thank you and yeah and my name is Christine Meo M IO last name and Christine CH r i s t i n thank you very much architect project do both of you swear or affirm that any and all statements you you make to the board this evening will be true accurate and complete during your testimony yes please consider consider yourselves under oath uh is someone going to lead are you going to lead Miss I will lead um I have not been before a few of the members before this board before um it's been a long time since I've been here I don't know if you want me to go through my qualifications if you wouldn't mind doing that please not a problem um I'm a licensed architect and planner in the state of New Jersey my fees are paid so everything is up to date I graduated from Illinois Institute of Technology in 1981 received my license in 1984 in New Jersey 85 in New York and 86 in New Jersey and um have been practicing in New Jersey ever since um I had my go ahead I was going to say and I've had my uh firm it was in Livingston for a while then East Handover and I am now in retirement mode sold my building and I'm working out of my home um so it's been about 40 years that I've been doing this and and you've been qualified before zoning and planning boards to render testimony as an architect yes and I did sit on the Livingston planning board for quite a few years 35 years ago so and you are you presenting testimony as an expert in architecture in this meeting and planner and planner yes and your license is in good standing yes um Madame chairperson I would suggest that we qualify Miss Messi as a uh to give expert testimony in architect as well as a flanner unless anyone has any questions does anyone on the board have any questions or objections regarding this witness great there are being no objections the witness is accepted as an expert in your field thank you thank you um we're here before you tonight for uh the construction of a new residence at five briercliffe Road um there is an existing home on the property that's to be removed it is a three-bedroom one bath onec car garage um house that's approximately um I believe it was about 1,400 square feet uh and what we're going to be doing is we're going to be knocking that house down and we are proposing a new house uh with the attic of up of 2910 square feet um we do need two variances we need a uh C1 variance for a front yard setback and we also need a d variance for floor area ratio um the we'll start with the c variance for the front yard oh that's yeah that's new huh um haven't been here for a while uh the C variants that we require for the front yard setback um I had done some calculations and I think I might have made a mistake because I also included the house on the other side of the culdesac so when you don't include the house on the other side of the culdesac um the average setbacks um are 31 feet and I am at 30 foot 10 in um we are willing to cut back the 2 in on the house uh to delete that variance if required um but the houses on either side are sort of interesting the house to the um left is uh approximately 259 in and the house on the right is approximately 331 in so our 31 ft sort of Nestles uh between the two and at the garage and you you saw the the plants uh briefly um you'll see that how the garage comes out to sort of the beginning of the lot that's at 37 ft so that will still be at least um 2 feet behind the house to the right and the um the left side at almost 31 ft uh will be about 4T in front of the other house uh I'm sorry behind the other house um so I believe that that 2in variance is sort of uh minimal but like I said we're willing to take away the two two inches uh just to negate that variance if the board requires Madam chair person if I might I know that you're referring to to exhibits on the screen so I just want to identify them um yes I'm sorry the survey a Formosa Engineering in survey that was prepared by Andrew woo I believe uh yes it is and it the last uh revision date is 43024 okay and then we have you there were four color photos shown there those accurately to pick what's uh those images show yes is that correct the existing uh residence and finally there's a site plan that you prepared Miss Miss um that consists of three sheets uh dated April 30 20 24 that are A1 A2 and A3 yes okay thank you very much um the D variance um that we're require we're requesting is a floor area ratio variance and um the house the lot itself is considerably undersized for the Zone The Zone requires 9375 Square ft this lot is 63 eight 16 square feet um so we've lost about a third of what would be required for the lot um if you take a look at my site plan you can see that the um the curve because of briercliffe takes a pretty good siiz chunk out of the um property not withstanding we still are asking for a fairly large floor area ratio variance of um 46% now that also includes a finished attic um the house without the attic is 2534 square feet or 40% with the attic or without the attic we're still below the habitable floor area that's allowed in the zone uh by about 300 S F feet with the attic and um approximately 600 square F feet without the Attic So the house is not a very large house um we feel that um you know what let's let me just go back just a little bit um I just do want want to um explain that there are other additions I'm assuming that all of you had a chance to drive down briercliffe and in that neighborhood and there are a number of the old housing stock that are um being torn down and updated most of those old houses are three bedroom one bath tiny garage tiny living room dining room um most of the house what we're proposing is a little bit more of an updated house and like I said the main M two levels are only about 2500 square fet and that would give us um four bedrooms uh two and two and a half baths and then it would also give us a nicer size kitchen family room combination and a small living room dining room as well as a two-car garage um we have a central stair in the house so it was only natural because it would not take any more square footage out of the middle of the house to be able to go up to the attic and utilize some of the area in the eaves the area in the Attic is not very big it's only 376 square feet and it is not very tall as you can see the on on my A1 or my floor plan drawings my uh second floor and attic plan drawings and the attic cross-section that we really do not have a real high ceiling up there so you're not doing much um but it would be a study Loft an area for the kids to play because of the size of this house there is only one family room and it is right off the kitchen and dinette um the um in the case of floor area ratio variance the court in Coventry Square versus Westwoods Zoning Board of adjustment found that the applicants for fler ratio need not show that the site is particularly suited um for more intense development but only that the site will accommodate any problems that occur because of this development um and we feel that it is very very easy on the slot if we have to add a slightly larger storm water management though the footprint doesn't change with our extra um flary ratio in the Attic um but we can easily add any flary I mean any uh storm water we can add additional Landscaping um I believe that especially from the um front of the house it does not overpower the lot we other than my two inches in the front that I U miscalculated um we don't need any other bulk variances we don't don't need any bulk variances for height we're almost 2 feet um in fact I think we're a little more than 2 feet lower than what's allowed in the zone so we really are pushing the envelope to grab as much as we can in the attic and like I said we don't need any sidey guard variances or rear yard variances on this project either um I really believe that this variance can be granted without causing any substantial detriment to the public good granty the variance will not substantially impair the intent and purpose of the municipal land plan or the or the um ordinances thank you miss m does anyone in the public have any questions for this witness does anyone on the board have any questions for this witness I just have just it's more clarification than a question so the total square footage of the house without the attic is 2534 right without the attic without the attic right um and the square footage for an R4 is 3220 right right okay all right and the lot is under sized yes okay okay that was it thanks I have a question um you already have a full basement designed for the house right up up to the uh footprint yes and what's the purpose of the attic area you said it's not too big it's only 6 and2 ft and what's the uh expected use of it uh a lot to stud law for the kids or maybe a TV area for the kids um the basement as you can see the lot is pretty flat and um we're only going to have a couple steps up so you're not going to really be able to have big windows in the basement and I really felt because the other houses in the neighborhood are not real tall houses I could have pulled this house up another three or four steps and still with been within the 35 ft but we really felt that we should keep it lower and a little bit not quite as massive because of that so like I said we do not have uh big windows in the basement we'll just have regular basement type windows I believe we might have one ESS window we'll wind up putting in one egress window though just for safety because I'm one of those crazy fire ladies that I like an erress window in the basement whether there's a bedroom or not I have a question so you have the regular stas going to the attic yes we do and it's in the very middle of the house so the staircase that goes to the attic will also be going to the first floor and second floor and then all the way down to the basement it'll be the same stairwell how high is the basement down uh the basement will be 8 foot just to clarify with the stairwell the basement will have a door but uh we would prefer that the at the first floor second floor and attic be an open stair it'll just look really pretty the basement have a door like out stepping outd door no no at the at the stairwell so in other words when you're up high you're not looking into the basement so there'll be a a door in the basement area does anybody on the board have any thoughts about the 2in miscalculation that miss m now seeking variance for m m just briefly you've made an OP you we've rendered an opinion I just wanted to clarify that this can be accommodated on the site and that it's compatible with the neighborhood correct yes thank you I just wanted to make sure that's on the record thank you Mr J does anyone on the board want to make a statement does anyone in the public want to make a statement does anyone want to make a motion Mr sha I'll second it Mr Sherman seconds it m Gan Mr Shaw yes Mr Sherman yes Miss Khan votes yes Mr Kenya yes Miss Yan yes Miss cona yes motion passes thank you very much I appreciate it nice to see you next one too we'll talk to you nice to see you Miss K can you call the next application before you announce it I have a problem my client called me up this afternoon they had a family health emergency and had to run to Long Island so they are not here and they said they could be available by phone but I don't know if that messes things up in terms of me testifying would there be anyone else testifying we can't take testimony by phone okay no I would be the only person testifying um but they are not able to be here they called me this afternoon about 4:30 and are they directing you to proceed without them oh yeah they they asked me to hey do it then I think we can receed okay I just wanted to ask permission before very well thank you block number 3810 Lot 2 31 Hillside terrorist application number 2024 d10 DV Shan waserman applicant seeks approval to convert attic space into two bedrooms with two Dormers to the left and right sides of the roof in violation of the following section 17087 cc4 habitable floor ratio 30% allowed 36.8% proposed 6.8% variance requested M Messi I'm going to ask you for the purpose of the record to again affirm or swear that any an old statements you're going to make the board to this evening will be true accurate and complete in conjunction with your testimony yes consider yourself again under oath um as you are all the qualifications that you stated at the last uh presentation still in force full for sure are yes then I would respectfully suggest Madame chairperson that we qualify this m again Mr an architect and a planner is that correct yes please thank you Mr D okay um the subject property property today is at 31 Hillside Terrace it is approximately 10 years old I designed it for the waserman about 10 years ago came before this board about five years ago and put an office addition uh to the rear and now they have asked me to do another renovation and that would be in the Attic of the um of this existing house um the house is in the R4 Zone and this lot also is slightly undersized it is 87,000 I sorry 8750 Square ft where 9375 Square ft is required the house right now has uh four bedrooms and three and a half baths and uh they are looking to put another bedroom up in the attic and a study law for the oldest son right now the two older boys 13 and 11 are sharing a room and then they have a daughter eight and another son six um so they to each have their own room um as Mrs werman explained to me the two boys aren't getting along so great shair in a room at that age so they felt um though they do have an egress window in the basement they did not want their son in the basement um I they felt that it would be best to do an um an etic bedroom and then he would still come downstairs to share the kids bath in the main hallway um if you go to the next page oh next one passed oh where were the El you're missing the floor plans that's weird oh okay but you'd have them on your drawings um so if you go to page A3 um the the bedroom that they shared was the I'm I'm going to interrupt you again let's let's just talk about the exhibits that you're going to present all right okay if you wouldn't mind uh there's a site plan that you prepared correct yes there is that's dated April 17th 2024 that consists of two sheetss A1 and A2 and also includes three black and white photographs of the property yes all right that um those those photographs accurately depict the images that are there correct correct the one I have black and white those are in col right and I and I took those pictures um okay then we have a survey the first survey by P squ or P2 land surveying Inc James P is the uh professional the PLS on that it's dated October 2 2023 with a revision of February 9 2024 and it's showing elevations and existing conditions and pre-existing conditions is that correct yes and then there's another survey by the same firm P2 I'm going to call it P2 land surveying Inc and Mr Pica that's dated October 2 2023 with a survey not notation Modified by you dated October 15 2023 to show the attic addition and the zoning table only is that correct yes uh I don't believe that there's anything else that we have those are the documents thank you very much okay the draw the drawings that were submitted to the town would have had um the floor plans I believe you do have um on a your A2 A2 of your site plan document um you don't have this I I made it small you don't have this drawing okay you do have it okay okay yeah no that's for some reason it looked like it just got missed okay so so what is submitted is what I'll be testifying to um as you can see on your A2 in the lower uh area I have both the first floor uh plan and the second floor plan um there will be no changes on the first floor plan and the only change on the second floor plan is the addition of a stair in the middle going through the middle bedroom up to the attic and then the attic area that we are using as um habitable space um is approximately it's a hair on under 400 ft 399 Square ft um that space um is noted to be at 6 feet 6 in in height and then higher the center goes to about 8 feet um so we are not changing the existing height of the roof and um and I believe the height of the existing roof is 33 feet it's it's 33 feet 7 in to the Ridge and the two Dormers that we are adding are at 32 feet 7 in we are adding a dormer on either side of uh the house to be able to accommodate egress windows on either side um because because of the situation with the children um and there really is nowhere to add more space over the um existing house because we do meet our sidey guards reard and front yard setbacks we did not want to put another addition to the rear and the office that we did put on in the rear um last year has got a high ceiling so um Mrs waserman did not want to destroy that cathedral ceiling for a bedroom we also felt that adding the bedroom into the attic would be the most economical place um to add living space to the house they're very uh rooted into the community and the Sho on um Mount Pleasant Avenue and this is a nice um easy walk for them so they really did not want to leave the neighborhood um also even though they felt they could get a lot for their house in terms of uh money they'll be paying a lot to move also and they do like their fairly new home um the maximum area of this house still does not um exceed the maximum habitable area in the zone which is 3220 um we are at uh 31 I'm sorry just make sure I'm looking at the right 31551 so we are about 70 square feet less than what is required in the zone um this is another uh situation with uh covantry Square versus Westwood zoning that the applicants floor area ratio variances um do not need to show that the site is particularly suited for more in test development but that only the site will accommodate any problems and because we are not changing the footprint of the house or any roof area there would be no additional drainage there would be um no impact on the lot um itself or any of the neighbors um the only change in the roof would be the small dormers on either side um if you had a chance to drive down Hillside Terrace you'll see that there are a lot of houses that are now um being upgraded and the new housing stock is really uh bringing the modern day amenities to a lot of the very small splits um that are there um and I did a quick look on line to see some square footages of houses on um Hillside Terrace 27 Hillside terce was 3200 square fet 21 Hillside Terrace was 3100 Square fet 39 Hillside Terris was 3067 45 was a little over 32 though the realtor listing said it was 45 but I knew that was impossible so I took off a chunk for they counted the base I know it um um 77 Hillside Terrace uh is 3198 and 36 Hillside Terrace is 3396 so as you can see that with them jumping up and getting this just not quite 400 square foot more they are within the same realm of almost every new house that's been uh built in the last five to eight years on Hillside Terrace I believe this house 10 or 12 years ago when I did I think it was 10 or 11 years ago when I designed it uh was the first house on Hillside Terrace to be um knocked down and and rebuilt um so I really feel that this house is keeping within uh the new housing uh stock in the neighborhood and as ID stated before the waserman have four children their need is for an extra bedroom and as most parents know don't want a 13-year-old son in the basement um right you know the stairwell right outside the master bedroom door is the best place to to put a 13-year-old kid in the Attic um and um the other thing is they will also be using the extra space to the right in the attic to the left is the bedroom to the right is a small area about 10t wide and about uh 20 ft long that will be used for a study area for the kids um I believe that this variance because it does not really change the the look or the nature of the house doesn't change the footprint of the house um can be granted without causing a substantial detriment to the public good and uh and granting this variance will not substantially impair the intent or purpose of the municipal zoning plan or ordinances thank you Mr m m does any anyone on the board have a question for the witness does anyone in the public have any questions for the witness does anybody on the board want to make a statement does anyone in the public want to make a statement does anyone want to make a motion I'll make a Mr G I'll second it Mr Shaman thank you oops Miss Khan votes I'm sorry who made the motion Mr Kenya yes Mr Sherman yes Miss Khan votes yes Mr Shaw yes Miss Yuan yes and Miss cona yes okay congratulations thank you very much I really appreciate it and hopefully you will never have to see me [Laughter] again take care bye bye bye bye can you call the next application Miss come Block 3501 L 15 95 verer Terrace application number 202 24-28 DV Jiang applicant seeks approval for a shed gazebo patio and second floor Edition in violation of the following sections 17087 cc2 habitable floor area uh 3,220 ft allowed 4,601 ft proposed 1,281 ft variance requested accessory structures 17087 E1 F4 floor area shed 24 ft gazebo 225 ft 200 ft allowed 465 ft prop proposed 265 square feet variance requested do we have everybody who's going to testify is that are you going to testify yes sir uh are you going to lead off are you going to be first U she's going to describe what she's going to she's the owner all right so I'm going to ask you I'm going to ask you I'm going to swear you all in at the same time okay so I'm going to ask you to get to a microphone if you're G to so if all right I'll start with you sir would you uh would you state your name and spell it please yeah my name is s h r i last name k o a w engineer in state of New since 1999 okay and I'll be testif here as a professional engine I'll qualify you we'll go through the qualifications in a minute and you sir okay thank you and I I'll swear you in in a second your your name ma'am please my first name is l l i n g last name z h n g okay and my first name is j j a and last name t G1 okay do all of you swear or affirm that any and all statements and testimony to give to the board this evening will be true accurate and complete yes I do yes yes yes so they all qual so I'll start with you would you present your credentials to the board yeah again my my name is Shri daala and I'm a professional engineer in state of New Jersey since 1999 and practicing as a land use engineer since last 28 years and I have a degree PhD degree in civil engineering from Kansas State University so and I have testified in front of this board at least about 20 years back but I have done few projects where I do wetland delineation and permitting in state in living Township but I have testified in many other boards in state of New Jersey and you're and if I might ask your your credentials are in good standing right now yes yes respectfully chairperson I would I would ask the board to consider qualifying him as a a professional engineer to get tested thank you Mr JS unless anyone has an objection does anyone have any objections with the qualifications shared all right now Mr architect if you would just go over to the microphone would you state your credentials for the board please uh yes my name is Paul po W and I got a master degree in Ria po Tech Institute in Upstate New York uh I got my license in 2010 I've been practicings um I I was here like probably two months ago present another case to board uh also I um uh attend a bance meeting for the other other um city as well throughout New Jersey um and your credentials are in good standing Yes again Madam chairperson I would suggest that we qualify him as an AR render expert testimony in architecture thank you Mr J yes all right whoever is going to go first um we're here to apply for our new home and we've been uh residents uh in Livingston since 2017 and the kids are in the Livingston uh public school right now Mount plazan Elementary School and the kids enjoy the school so in the past seven years um uh the house the kids are getting bigger and we also live with my parents right now so four adults and two kids in a house uh so we're trying to get everyone more space so that's why we need a new home and bigger home thank you does anyone on the board have a question for the witness does anyone in the public have a question for the witness no keep forgetting the green button um I'm going to suggest that who's up next is it the Mr engineer I'm going to suggest that you either go to the podium there where where we because we need to hear you and be clear good evening and basically my partner Gary Chiang he did the plans and I have seen the plans I have seen the site and I'll just explain you why we are here today and what's the reason and then owner and architect can just testify more about what's the reasoning for asking for the variances we are here for I could talk about the engineering and that we are not creating any negative impact on our neighbors by by doing whatever the addition is proposed here at this place so I'll just explain you why we are here the our reason is the existing square feet of the house is 1994 Square fet which is older house and it's kind of a split level house and as as we know like owner purchased it so they can expand this particular house not 1994 Square ft so by the township regulations uh there's a 3,220 square feet ceiling they have posted on house so you you don't want to see a super large home in the middle of like like surrounding homes you don't want to create like awkward looking homes as far as like unusual homes rather than I would say awkward so the applicant is proposing 450000 ft home basically they are they are adding creating a second floor instead of split level house and by creating so we are exceeding the requirement set by Township of 3,220 sare Ft but this lot is little unique because required minimum lot size is 9,375 square ft while this lot is 15,000 ft so we have 60% larger lot than a neighboring lot henceforth we are asking that you give us some relief so if we not creating like we are staying within the proportion of it so so that is our biggest kind of like a defense argument of why we are asking this they have their personal need they can describe personal need I won't be able to talk about it why they need more space and what's the reason for it but they told me they have a parents as well as kids and that's a reason because of this occupancy level they need larger spaces house and as far as the township stor water rules we are complying with stor water Rules by providing a underground system which will capture the water storm water roof runoff and then if there's overflow it will discharge in the same direction is it discharging now so basically no negative impact as far as the engineering goes uh I can testify and and that's basically that's only reason we are here and they have a storage and shade one of that requires a a variance it's a very minor variance for the 1 one and a half% for the accessory structures do you have the architectural plant Madam chairperson with your permission oh okay I'm sorry if I could for a second um you indicated that you referenced a site plan uh or site plot plan that was prepared by mgc Associates Gary Chang yes and that's dated July 25 2023 yes and it was signed by someone on February 88 2024 yes you're familiar with that yes does that site plan site plot plan accurately represent what I'm talking yes what what the applicant is proposing yes there's a survey on that site plot plan who prepared that survey we we we hired a sub so we we don't do the survey we had only engineering company but do you well there was a survey that was submitted with the plans that was prepared by for Formosa engineering Inc entitled the topographical survey dated April 6 2023 prepared by Andrew K woo yes is is that depicted on the on the document that you that you're showing on the screen yeah the existing conditions are are shown by the former surveying company and and you're familiar with the proposed plans that were prepared by Mr Woo you're the architect right yes you're familiar with those yes so we are familiar with the footprint Edition on the back uh we are putting a patio and the front we are creating a covered porch I just see see it's a covered porch okay so so what I'm going what I'm going to suggest suest we do is the site plot plan will be labeled uh exhibit a yes one all right the proposed plans that were prepared by Mr Woo will be A2 the photographs will be A3 and the survey that I reference will be A4 okay okay thank you so if this same house would have built on a 9,375 ft area we would be covering roughly 34% of the habitable floor area ratio versus the proposed ratio is 30% just because the lot size is bigger uh and a threshold of 3,200 ft we have this issue and that's why we are here in front of the board if you have any question about architectural looks and all that then our architect can talk about it but anything related to engineering or percentage calculations I'll be able to explain it I'm I'm looking at the the numbers and I'm thinking um the the plot is an R4 Zone correct the size of the lot is close to R R R3 yes but the buildup that you are requesting for is close to R2 correct so yeah basically that's what is is happening as far as the numbers goes because typically I know while Livingston created this I understand the non-uniformity between the same neighborhood but at the same time we thought like it's we are still below 34% which Peak is a lot out for the normal lot size because our lot size is about 60% larger so so in that case we we we seeking little relief instead of like 60% larger lot you give us something and none of the space they are proposing based on like my talk with them is always utilize space it's not created just to you know some people say I want a bigger house so I can have better cell value it's not the purpose does anybody on the board have any questions I do there for you're almost going 40% over that's you think you're saying that's a little relief uh from 30 to yes we we are about 40% that's that's little relief no no I'm not talking about the we are just saying the proportionate of the lot size I'm not just if the lot size would have been this lot would have been smaller the percentage would have been it doesn't matter because you you you in the R4 Zone and there is a required allowed is 30 to 20 correct and you're going 40% over that's corre that's unheard of I have a question um you have an open attic that's accessible and usable I would just let architect talk about the house anything other than house I would be able to answer you everything sure does anyone else have any questions I will just concur with my colleague I think that the the house is extremely oversized for the neighborhood it doesn't fit in with the other homes okay it'll be just tremendous and stand out I do I don't just think it's it's it's very large um and as my colleague said it really is more of an R2 size of a house you would find in an R2 and this is an R4 realizing that the house comes comes close to an three a lot but it's extremely oversized so would board consider if the applicant goes back to drawing board talk to the architect and come up with some reasonable request to the board or maybe they can like a talk to your profession termination but understand that that you're looking for a d variant it's correct yes and you only have you have six members correct you need five yes votes correct I've been at this a long time I have gray hair because yeah I understand so I I think that it might be in the I'm I'm not telling you what to do I'm only suggesting that it might be in the applicant's best interest to reconsider what it's doing here because sure the board's May made some comments that show that that might be necessary got it that's that's my comment okay so well if you're gonna the qu an inquir has been made as to whether to finish the presentation the concern that I would have about that is if you go forward on the presentation based upon the information that you the application that you submitted um you might have to redo it all again anyway so it may be more reasonable to revisit this and figure out what you can do to better accommodate the Dynamics of the of the statute because you're going to have to show how this accommodates and is compatible and I think you have a challenge before you okay uh can I just talk to the applicant for a minute I won't speak on behalf of the chairperson but I think that you ought to do that yeah I think applicant understand he says let's let's go back to the like drawing board and we will reduce the scope of our work and and then we will talk to the township professionals and see that we are coming closer to the like in a past board has approved similar things so we will not cross that boundaries so if you can like a give us a new meeting date and I think if I could Madam chair sure um that we would do it the board would do it in such a manner that you don't have to Ren notice and you don't have to go through all that stuff again uh the next date is I think the 27th of August is that correct M 27 August oh you I did I M hear you you want to proceed with this plan no no we are we are going to come back we we going to revise the map we're going to reduce the size and basically we will consult with the township professional to see in the past what board has allowed what threshold is there generally speaking and we would try to stay at that level or below that number uh if I'm not wrong I did you have you did have that second thought and at some point you decided to uh remove your application from tonight's meeting to rework on so you're aware of what the concerns may be had you decided to come tonight in front of the board and present yes so you came with the intention of a possible vote from the board if that we can listen to you and make a yeah the applicant thought like they've been basically this they're getting postponed not because of of the board reason but their own personal reasons Engineers Architects finding right date and right time to come so they they say like we don't want to get delayed at least they wanted to get a sense of what board is going to talk about it or think about this project in that case why we just vote today I would no no we will request not to have a vote today because we know we going to it's it's it's it needs a change plan you do it to begin with and you almost pull the application today then you reconsidered it so that means you wanted a decision today and we are ready to make it no we would like to reduce the size of scope of work and then come back forward you you want the applicant understands that if you modify the plans those plans need to be submitted to the board 10 days 10 days before the meeting correct yes otherwise you just can't come in and present cor and you might want to consult with whomever you were Consulting with in the town with regard to that yes all right you understand those yeah no no I'm aware of the fact and I have told them thank you very much yes does anybody else on the board have any comments about U this application or the fact that if we should listen to the testimony of the architect and uh or or give an alternate adjournment for a later date if we are going with the next date and no point we can just stop right here just wait for the next appointment and consider that that would be your final appointment whatever it is I'm okay with that I agree with that too yeah okay Mr hollish do we have so I'm being told that the calendar is rather packed for August and September it might push your application to October then okay we'll try and squeeze you in uh into September if there's any possibility but at this time it appears that October might be when we are able to relisten to your application yeah we would like to see whenever is the earliest possible by the board so if it's October it's October okay all right I appreciate your understanding because I understand if we have to change the date and if she can accommodate us but then we have to Ren notice the right right I appreciate changes okay so for now it's October for now it's October okay but uh o October 22nd as point and you'll be in touch with the office anyways well I think then we don't need to listen to any more testimonies in this application okay thank you very much I just say one thing you did say though I just want to reinforce you did say that the next time that you come back in front of us and we look forward to seeing you in October that will be the final be the final final so just yes okay thank you thank you so much thank you thank you next application M SC block 2501 lot 357 West Lawn Road application number 202 24-30 DV a meat bonsal and sweee metal applicant seeks approval for two-story rear addition in violation of the following section 17087 cc3 habitable floor ratio 21% required 31.6 3 proposed 10.63 3% variance requested hi hi good evening good evening please tell us who you are I'm the owner of the house I'm Amit bunel uh Amit t b a NS a l good evening everybody my name is ridar I am a licensed architect I'm licensed in the state of New Jersey New York and Maryland I'm also let me let me get you under oath and then you can testify all right so do you both swear or affirm that any and all statements you make to the void this evening will be true accurate and complete I do you do yes so consider both of you are under oath um now you can State your qualifications sure so my name is ridar I'll spell it Ru Chi last name is d h a r I'm here as a licensed architect representing my client amid bunel I have a bachelor's degree in architecture I'm also narp certified and I hold an active license in the state of New York New Jersey and Maryland I've testified before many zoning boards in the state of New Jersey and my professional address is 81 Falcon Road Livingston New Jersey and your license are all in good standing as yes they active Madam chairperson I would suggest to the board that uh the architect be qualified to render an expert testimony in this matter thank you does anybody on the board have any questions or objections to this witness thank you I can describe the project now uh the subject property is 57 wlon Road Livingston this property is located in the R3 Zone block is 2501 lot is three so in preparation for the subject property I visited the site I reviewed the zoning ordinance I also looked at the Livingston master plan section two goals and objectives this house is a colonial single family detached two-story structure it has a par ially finished basement it has one car garage four bedrooms which are located on the second floor and 2 and a half bath uh this has an existing paved patio in the rear the overall existing habitable area is about 242 Square ft which excludes the garage and this accounts to about 24% of the site the exterior finishes they include the stone cladding in the front rest of the house has siding with shingled Roofing I'm not going to describe the yard and the bulk zoning regulations for the property which lies in the R3 Zone um the slot is about 8390 8,390 ft the required minimum lot in R3 zone is about 15,000 square ft so this is a pre-existing non-conforming condition the lot width uh of our property is about 60 ft the minimum required is 100 ft the lot depth is 134.2khz required is 150 ft uh we have a minimum uh the front set back is about 36.9 ft the minimum required is 50 ft which is a pre-existing non-conforming condition our side yards are 11 are 10 the existing side yards are 10.2 ft and 13.1 ft with the addition at the back we have about 11 ft on the left hand side and 17t 9 in on the right hand side we have the aggregate side yards which account to about 28 F 9 in total with the proposed addition the rear side uh the rear yard setback is about 55 FT 1 1/2 in with the proposed addition which also complies with the zoning setback the height of the structure would come up to be 279 in which is less than 35 ft the maximum allowable as per the zoning so I would like to go over the variances now we seeking variance for the extension in the rear of the property if I can interrupt you for a second sure all right if but Madame chairperson with your permission yes all right um we're going to Mark the exhibits so this way in case you're showing them everybody knows what they are okay there as what I understand there's a site plan that was prepared by you correct yes dated April 15 2024 and revised on July 9 2024 that consists of five sheets designated as t 1.0 R 1.0 A10 a2.0 and a2.1 U there are three sheets of six color photos correct did you do you know who took those photographs yes I took them all right and they accurately depict the images that are set forth there in so the first one would be exhibit A1 the photos will be A2 and then we have two surveys one is both made prepared by Morgan engineering and surveying David J Von steenberg uh both are dated June 23 2021 um the first one shows existing conditions correct um that was revised on July 9 2024 uh you're familiar with that survey correct yes and accurately depicts the conditions shown there correct right and then there's another survey by the same firm uh that you're showing right now that has like an orange colored section with notations as to the proposed additions and that's accurate with regard to existing conditions and what you're proposing that's cor that would be so those two surveys will be A3 and A4 thank you very much okay thank you so we are uh seeking variants for the extension in the rear of the property that you see in The Orange Box we are proposing a second floor addition which is about 31 ft 2 in and 16 ft 2 in above the existing first floor we also are doing a two story addition which is about 11 3 in and 8 F2 built over the existing paved patio also located in the rear of the property since this twostory Edition will be built over the paved patio hence the impervious coverage will not be affected and will not be increased our ask is for the habitable floow ratio which is um as for the zoning regulation 17087 cc3 the required F should be 21% we are proposing 31.6 3% which is 10.63% above the F I'm going to go with the special reasons um this lot is way undersized compared to the minimum size of the lot which triggers all the overall pre-existing non-conforming conditions that we spoke earlier the site and the structure can handle this modest addition Ive reviewed the township master plan and I found out that the goals and objective of the master plan they align with our ask ours is a moderate ask that we are doing in the rear of the property considering the fact that the family is growing and um when they bought the property which was a couple of years back they had one child and now the family is growing they have their parents also and uh another kid so this addition would accommodate that um uh requirement for their family I can go with the negative uh criterias also there'll be no substantial traffic increase due to this addition there's not it's not hurting the property value of this house no trees are affected uh as you see uh in the picture the deck will be taken out the I'm sorry the wood steps will be taken out and the addition would basically be accommodated in that uh portion in the rear um the style of the house would stay Colonial and would fit into the neighborhood design uh it's not going to create any substantial detriment to the public good and the master plan as per the ordinance or the ordinance and expanding the house in the rear will not create any drainage issues um as all the roof leaders are going underground as you can see in the picture they are all connected and connected further uh so when we do the addition it's going to be the same way then are going to go straight drain at the reil yard it would be connected underground hence I don't see any substantial impact in conclusion usion I think uh we proposing a modest addition and uh the site can accommodate it I would hope the board considers this application thank you Miss Dar thank you so the only variance that you are seeking is is the Flor ratio and uh it is an undersized lot it is an R3 but it's substantially undersized right um I have a question though you said the back steps will be removed yes so but there will be new steps constructed correct to allow access to and where will those steps be then so um it's uh the sheet A1 it's the floor plan there'll be the wood steps coming out of that room um so they take out the plans for the reason just for the got it doesn't really affect your application but I think the sets that you have will show that the a small deck a small platform and the wood steps are there leading to the outside so if you look at the site plan um there's those wood steps on the side mhm got it yeah we all have that right does anyone on the board have any questions for this witness does anyone in the public have any any questions for this witness does anyone on the board want to make a statement does anybody in the public want to make a statement would anyone like to make a motion to make a motion to approve thank you Miss Shuan I'll second it thank you so much thank you for all your time and Mr shman okay um miss you yes Mr sha yes Miss Khan votes yes Mr Kenya yes Mr Sherman yes Miss cona yes congratulations congratulations thanks appreciate it uh motion to adjin I made motion all right stand right when I come