Livingston Zoning Board Approves Attic Space Adjustments Amid Heightened Scrutiny
- Meeting Overview:
In a meeting peppered with discussions on variance requests, the Livingston Town Zoning Board of Adjustment approved a contentious variance application for a new single-family residence on Blackstone Drive, while expressing concerns about the implications of setting precedents for attic spaces. The board also deliberated on several other applications, including proposals that involved floor area ratio adjustments, setbacks, and the unique challenges of corner and undersized lots.
The meeting began with the discussion of an application for a property on Blackstone Drive, where the applicant sought approval for a variance due to exceeding the allowable floor area ratio. The applicant’s architect, Yuval Wellisch, presented a revised plan that reduced the proposed house’s square footage to 4,813 square feet, addressing previous concerns about visual impacts from the garage. A notable point of the debate centered on the attic space, with board members questioning its potential habitability. Despite assurances from the architect that the six-foot-high attic would remain non-habitable and serve only as storage, some board members expressed skepticism. Ultimately, the board approved the application, with the condition that the attic space would not be converted to habitable use. One board member dissented, citing ongoing concerns about the attic’s potential for occupancy.
Following the approval of the Blackstone Drive application, the board shifted focus to another application on Bunyong Drive. Applicants Ali and Dave Brunwaser requested a variance for additions that would increase their floor area ratio beyond the permitted limit. The couple had revised their proposal to reduce the scope of the project after engaging with neighbors, resulting in a smaller addition. Their architect, Timothy Kless, outlined design modifications aimed at minimizing visual impacts, including changes to the side yard setback and garage configuration. During the discussion, the absence of a basement was highlighted as a complicating factor for floor area ratio calculations. Despite these challenges, the board members expressed concerns about setting a precedent for attic spaces being used as living areas, given the number of homes lacking basements in the area.
The board also addressed an application for a property on Country Club Road, which proposed a new house replacing an existing non-conforming structure. The proposed design featured a modern colonial style with a two-car garage, seeking a variance for an increased floor area ratio. The applicant argued that the new house, while exceeding the allowed floor area ratio, would fit within the neighborhood’s character due to the larger homes in the vicinity. Despite acknowledging the undersized lot’s challenges, the board deliberated on whether the variance request was justified or if further adjustments were necessary to comply with zoning regulations.
Another discussion revolved around a proposal for a two-story addition on Kimble Avenue. The board scrutinized the request for multiple variances, including those for rear yard setback and habitable floor area ratio. Concerns were raised about the number of variances requested and the potential impact on the neighborhood. The board suggested that the applicant consider revising the proposal to eliminate some variance requests, particularly those related to the habitable floor area, given the undersized nature of the lot.
The board members repeatedly emphasized the need to balance individual property improvements with community standards and zoning laws.
As the meeting progressed, several applications were continued to future dates, with the applicants encouraged to submit revised plans that addressed the board’s concerns. The board emphasized the importance of timely submissions to meet upcoming hearing dates and reiterated that no further public notice would be required for these continuances.
Edward Meinhardt
Zoning Board Officials:
Edward Bier, Vineeta Khanna, Laurie Kahn, Kalpesh Kenia, Steven Horn, Mihir Shah, Sherri Marrache, Todd Sherman (Alternate Member 1), Hong Yuan (Alternate Member 2), Jackie Coombs-Hollis (Planning Administrator)
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Meeting Type:
Zoning Board
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Committee:
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Meeting Date:
05/28/2026
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Recording Published:
05/29/2026
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Duration:
182 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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