Livingston Town Zoning Board Debates Lengthy Tri Owners Realty Application and Other Variances
- Meeting Overview:
The Livingston Town Zoning Board meeting saw discussions on variances for construction projects, with particular focus on the long-standing application from Tri Owners Realty for a new single-family residence on Sycamore Avenue. The meeting also addressed other zoning variance requests and a subdivision proposal.
0:00At the forefront was the application from Tri Owners Realty, which has been in process since 2019. The applicant sought approval to construct a new single-family residence, requesting several variances, including a front yard setback of 36 feet instead of the required 50 feet, a rear yard setback of 25.4 feet instead of 40 feet, and a habitable floor ratio of 31.7% compared to the 21% allowed. Elizabeth Durkin, representing the applicant, detailed the application’s history, including a jurisdictional issue that led to litigation and a subsequent minor subdivision approval in 2023.
Durkin highlighted that the subdivision was perfected following the planning board’s approval and that ownership issues were resolved through corrective deeds. However, a recent letter from the Pearsons’ attorney claimed that the subdivision deed was filed late. Durkin contended that the board could retroactively extend the perfection period, noting that the planning board had approved an extension on September 17, 2024.
Lisa John Baston, representing the Pearsons, responded by acknowledging the procedural history but contested Durkin’s claims of open communication, stating that the Pearsons had received revised plans at the last minute and had not agreed to the terms. Baston emphasized that the Pearsons only sought to ensure proper procedures were followed.
The board then heard expert testimony from Giovanni Manilo, a licensed professional engineer who prepared the plans for the application. Manilo affirmed his qualifications and proceeded with his testimony. He described the proposed changes, including reducing the size of the house, moving it forward on the lot, and adding large evergreen trees as landscaping buffers. Additionally, there was an agreement to eliminate the construction of a raised deck, addressing the Pearsons’ concerns.
The meeting also included a discussion of a variance application for a property on Sycamore Avenue. The property, situated in the R3 Zone, is irregularly shaped and undersized, measuring 9,158 square feet compared to the required 15,000 square feet. The proposal included constructing a two-story single-family dwelling with an attached two-car garage and various landscaping features. The applicant sought variances for front and rear yard setbacks and the habitable floor area ratio.
17:24Board members inquired about stormwater management and drainage calculations, with the applicant confirming that an underground concrete tank system was designed to store excess runoff. Concerns were raised about the house’s location relative to neighboring properties, with suggestions to move it closer to the street. The applicant maintained that the current positioning at 36 feet was consistent with other homes in the area.
33:18Further examination included the grading of the lot, the height of the proposed building, and the dimensions of a patio area. The board emphasized the need for accurate dimensions and compliance with township codes before any approvals could be granted.
1:49:21A subsequent application from Norin Abas sought approval to extend a garage with a new foundation and a second-floor addition, requiring variances for front and rear yard setbacks and the habitable floor ratio. Abas explained that the project aimed to create a new bathroom and extend the garage. The board noted that the current application was slightly altered from previous plans approved for the property, and the existing front yard setback remained unchanged.
2:27:51The meeting also addressed a subdivision proposal from JAB Investments LLC for 99-111 West Mount Pleasant Avenue, aiming to create two lots, one designated for residential development. The proposal required a D1 use variance since the area is zoned for commercial use. The applicant’s surveyor provided details about the subdivision, emphasizing that it aligned with the residential character of the area and would enhance property values.
0:00Concerns about the potential impact on the streetscape and neighborhood character were raised, but the applicant argued that the proposal would improve the visual environment and comply with zoning regulations. The discussion included considerations for parking, landscaping, and traffic patterns.
Alfred M. Anthony
Zoning Board Officials:
Edward Bier, Laurie Kahn, Ketan Bhuptani, Michael Affrunti, Vineeta Khanna, Kalpesh Kenia, Sherri Marrache, Todd Sherman, Hong Yuan
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Meeting Type:
Zoning Board
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Committee:
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Meeting Date:
09/24/2024
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Recording Published:
09/25/2024
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Duration:
186 Minutes
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Notability Score:
Routine
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State:
New Jersey
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County:
Essex County
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Towns:
Livingston
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