Livingston Zoning Board Deliberates on Multiple Variance Requests Amidst Concerns of Neighborhood Impact
- Meeting Overview:
During the recent meeting of the Livingston Town Zoning Board of Adjustment, multiple variance applications were reviewed, with discussions centering on applications that highlighted the complexities of zoning regulations and neighborhood impacts. The board addressed various requests, including those from homeowners seeking adjustments for retaining walls and new residential constructions, as well as concerns about potential overdevelopment and its effects on community aesthetics and housing affordability.
The meeting’s most debated application involved Adam and Jan Brener, who sought variances for their property on Hearthstone Terrace. The Breners aimed to construct a retaining wall, inground pool, and spa, which were found to non-compliantly encroach on setback requirements. Their application requested variances for a swimming pool rear yard setback of 17.8 feet instead of the required 25 feet, a side yard setback of 14.4 feet where 20 feet was mandated, and a retaining wall setback of 1 foot when 5 feet was required. The board had deliberated on this case in previous meetings, but a procedural issue prompted a restart of the hearing.
Jan Brener addressed the board, attributing the variances to misunderstandings and errors in their first construction project, primarily due to a contractor who failed to adhere to approved plans. She emphasized the neighbor’s previous support and her desire to provide a pool for her children. Moving the retaining wall to comply would be costly and could affect drainage due to the wall’s construction material. Discussions touched on possible easements or lot line adjustments to resolve the issues, though practical challenges such as existing grades and tree obstructions were noted.
Civil engineer Michael Roth provided expert testimony, confirming the encroachments and explaining the project’s spatial violations in detail. The board engaged in dialogue about the feasibility and implications of the proposed adjustments, acknowledging the complexities of zoning regulations and the importance of community input, especially given the neighbor’s lack of objection to the current wall placement.
Another noteworthy application involved Justin Cappuccino’s request for variances on Milro’s Drive to construct a two-tiered retaining wall exceeding allowed heights. Engineer Richard Wulmer supported the application, explaining the need due to the property’s slope and erosion issues, which posed safety risks. He detailed the revised wall design to enhance yard usability and aesthetics, incorporating erosion control measures. The board acknowledged the challenges of the corner lot and existing conditions, with members generally supportive of the application given its potential benefits to the homeowner.
The board also reviewed a variance request from Alta Asset Management LLC for a new single-family home on Hillside Avenue, confronting unique constraints from a sewer easement. The application sought to align the proposed home’s setbacks with neighborhood standards while addressing the existing structure’s disrepair. Architect Charles Baldanza emphasized the easement’s impact on the buildable area, necessitating careful planning to comply with zoning standards. Public comments generally supported the project, recognizing its potential to enhance the streetscape and neighborhood character.
Concerns about the impacts of variances on housing affordability and neighborhood aesthetics were voiced, particularly regarding developers purchasing undersized lots and seeking variances to build larger homes. Resident Alan Bear highlighted the risk of diminishing starter home availability due to such practices. The board underscored the importance of balancing development needs with community standards, acknowledging the complexities of zoning regulations while striving to maintain consistency in their application.
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:
12/09/2025
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Recording Published:
12/10/2025
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Duration:
178 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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