The Livingston Planning Board, at its Tuesday, June 20 meeting, voted to approve Mount Pleasant Partners’ application to construct 254 multifamily residential units at 389-405 East Mt. Pleasant Avenue.
The Board also heard statements from Chabad Center about signage and re-opened the Om Divya Realty hearing at its applicant’s request, eventually delaying a vote on the former and approving the latter.
East Mt. Pleasant Ave.
Revisiting Mount Pleasant Partners’ case, the Board approved its request to construct the multi-family residential units in three buildings, along with a clubhouse and related site improvements. The matter was last heard April 18.
After discussing substantive changes to the resolution in the intervening months - including a phasing schedule, a tree ordinance, and what percentage of clear glass should make up the doors - Board member Rudy Femandez made a motion to approve it. The motion carried.
Chabad Center Signage
The Board delayed its vote on a previously approved application by 18 Corp., D/B/AAhavat Torah. The applicant sought Planning Board approval to add a monument sign and signage on the building of the Chabad of Short Hills-Center for Jewish Life at 650 South Orange Avenue.
Carly Clinton, of Schenck Price Smith and King briefly spoke about requiring variance approval for this non-illuminated sign - which will read “The Howard J. Cooperman Campus” - as well as a setback variance for the monument sign and a variance approving the mounted signage’s location.
She then called up four witnesses: Edward Dezuzio, Dung Phan, Michael Lazafama, and Rabbi Mendel Solomon. Dezuzio, of Butler Sign Company, provided examples of sign’s illumination features, physical dimensions and base material, as well as its relation to the building andletteringsize. Phan also discussed these measurements and material, while revealing the monument sign’s origin as a tribute to one of Chabad’s biggest donors.
Mike Lazafama revealed where these signs will be placed in relation to the Chabad building and nearby Exxon gas station. This includes moving the monument sign backnine feet from the right of way sign of S outh Orange Avenue, rather than the ordinance’s 17.5 feet requirementsnecessitating a variance - otherwise it wouldn’t be visible to travelers.
Positive criteria for building this sign, Lazafama added, include traffic safety and quick roadway identification, with few detriments. While the Board pressed for additional criterion to justify these variances (as monument signs traditionally included the congregation’s name and religious identity), Rabbi Solomon explained that Howard’s brother requested this sign to honor Howard, who recently died.
While the Board wished to honor this request, its members said they felt the need to debate the signs’ logistics further. The Board ultimately decided to reconvene on July 18 to continue reviewing Chabad’s application. Om Divya Realty
Re-opening the Om Divya Realty matter, the Board approved amendments to a previously approved project for the parcel at 212, 214 and 222 North Livingston Avenue, whose property includes Livingston Mart, LTown Liquors, and Assado Portuguese Steakhouse. Om Divya Realty sought to amend its application to include a shed in the rear of the building; maximize the current seating of 120 with 60 indoor and 60 outdoor combined as one total limit; replace spotlights behind the store with down lighting on its sidewalk; and reconfigure the allocation of parking signs.
On February 7, the Board gave non-binding guidance for its attorney to prepare a resolution, but did not vote on the matter. On April 18, the applicant requested the Board re-open the hearing to provide additional testimony prior to adopting their resolution.
At the meeting, attorney Michael Lipari provided a revised version of the resolution that addressed Assado Portuguese’s limited seats, removal of off-site furniture, and street parking regulation. This included updating the resolution’s language to say Assado is permitted to have 79 seats indoors yearlong and, during summer months when outdoor seating is allowed, restricting it to a maximum of 41 seats.
Lipari expressed concern with having an on-site parking attendant monitoring off-site parking, deeming it a township enforcement issue. However, Board member Peter Klein pointed out that prior resolutions limited an attendant’s role to informing customers where they could park on-site, not off.
Restaurant owner Wilson DeSousa was asked where he could store additional outdoor furniture. He also explained why he decided to open his restaurant at that specific location.
Many residents who live behind Assado Portuguese Steakhouse expressed frustration at the restaurant’s business and parking issues , which they said conflict with their everyday lives. Recurring complaints included trucks making noise while picking up trash at night, not putting up a fence between Assado and neighboring homes, frequently hearing the restaurant’s music, and parked cars intruding onto their sidewalks.
Following a brief recess, Klein laid out a series of dates to implement certain changes, while others will be subjected to continuing conditions that would remain enforced without a determination date. These included an outdoor seating time period from March 1 to October 30, prohibiting live-recorded music, and 15-minute parking requirements. The Board decided that no garbage pickup would be allowed in the residential area between 10 p.m. and 6 a.m.
A motion to approve Om Divya Realty’s amended resolution passed.
