The Livingston Zoning Board, at its Tuesday, October 24 meeting, revisited the applications of David Wilner at 25 Marisa Court and Abhishek Gangwal at 6 Hazelwood Avenue, eventually approving the former and delaying a vote on the latter. The Board also approved two other cases, delayed voting on another, and dismissed a fourth due to the applicant’s failure to appear.
Extend Redwood Road Variance
Xiangyu Wen sought a one-year extension of a previously approved variance and resolution memorialized on September 29, 2022. Wen explained that he wished to extend the existing resolution by another year so he could acquire the money and materials necessary for construction. He answered the Board that he would be able to start construction in the near future, and the Board approved Wen’s request.
Irving Avenue Plan Dismissed
Fabiano DeOliveria sought approval to build a second-floor and rear addition at 68 Irving Avenue. The application requested front, right, and left side yard setback variances of 13.6 feet, 3.6 feet, and 3.99 feet respectively, as well as a 5.5 percent aggregate side yard variance and 15.4 percent habitable floor ratio.
However, as DeOliveria did not appear for his hearing, the Board dismissed his application without prejudice at the end of the meeting.
Pool Hearing to Continue
Originally presented on July 11, Wilner had sought approval for a pool while requesting variances on his property’s rear and left side yard setbacks and accessory structures. The pool layout, however, had been met with criticism from the Board and local residents over its location, size, and the possibility of drainage trickling down onto other properties. Wilner and builder Gabriel Ricciardi Jr. ultimately agreed to revise their plan in order to conceive an altered length for the pool’s construction.
Wilner and Ricciardi testified on October 24 that these major revisions included changing the rear yard setback to ten feet, moving the proposed firepit, and moving the pool itself farther in toward the house. These changes were praised by Board chairwoman Lauren Tabak Fass, who noted her appreciation that Wilner and Ricciardi took the time to adjust their plan so it met the Board’s ordinances. A motion to approve the plan passed.
6 Hazelwood Ave. to Continue Originally presented on September 12, Gangwal had sought approval for a new attached garage, deck, and right side and rear addition to his home. These developments required front, right side, and left side yard setback variances on the house, along with variances for the aggregate side yard and habitable floor ratio. The Board, however, had taken issue with Gangwal’s 43 percent habitable floor ratio request. As a result, Gangwal agreed to lower his plan’s floor mass so the floor ratio variance would be more reasonable.
At the meeting, Gangwal was joined by project manager Mansoor Azizi, whom the Board allowed to serve as a fact witness. Gangwal then presented a revised version of the plan, which included removing the deck, squaring off the back corner of the house, moving the new garage further up front after demolishing the old one, and reducing the house size to at least 2,800 feet. He also reduced the house’s habitable floor ratio variance from 13 percent to 9.94 percent.
Once again, however, the Board members took issue with aspects of the plan. Board member Tony Nardone questioned how the existing habitable floor ratio percentage increased from 25 percent to 26 percent, whichAzizi claimed was due to their forgetting to calculate AC unit coverage in the building’s original plans. After these details were clarified, Nardone still expressed concern at the requested ratio – which Azizi told him was necessary due to the undersized lot – and with Gangwal’s lack of an architect or lawyer present at the meeting.
Board member Michael Affrunti also felt that not enough about the plan had changed, and the layout still felt “too dense and imposing” on the neighboring property.
Ultimately, the Board members stated they could not proceed with the new plan in its current state. They insisted that Gangwal bring a legal witness to help answer questions at the next meeting so they will have better legal justification to approve his application. The hearing was thus adjourned to December 12 so Gangwal could submit a new revised plan to the town’s Zoning Office.
Addition to 32 Irving Avenue Danielle Voss sought approval for a second floor addition to 32 Irving Avenue, which required an 11.68 percent habitable floor ratio variance and seven percent aggregate side yard variance. Both Voss and her head architect, Mark Marcille, explained that they needed these variances for a home expansion project due to her mother-in-law living with the family. The expansion proposal involved adding a master bedroom suite over an existing family room and boosting the house size from under 2,000 square feet to 2,400 square feet. According to Marcille, this addition will be located in the rear of the house and thus not be visible to the public right of way, preserving the neighborhood’s visual identity.
After questioning Voss and Marcille about existing variances on the property, the Board members ultimately stated that they felt the request was a “moderate addition that did a good job working within the property’s limits without exasperating neighboring conditions.”
A motion to approve Voss’ application passed.
68 Amelia Ave. Plan Adjourned Jian Hou sought approval for a rear, left side, and a second-floor addition and deck at 68 Amelia Avenue, requesting a .67 foot front yard setback variance and 16.59 foot front/ side yard setback from the Board. Joining Hou was architect Qiong Wu, who discussed the house’s layout as a two-story building on the street’s corner site with three bedrooms and a family room. The lot size is 1,109 square feet, but the existing habitable area is only 1,018 square feet, thus requiring additions to the habitable floor area that could, he said, properly support Hou’s family.
Some of these steps included taking an existing wall down and pushing another in, moving the family/dining room space to the back of the house, and adding a new deck that one could access via the family and living room. He also wanted to add extra space to the house for storage purposes and convert its one-car garage into a twocar garage.
While the Board questioned Hou on the building’s height, he pointed out that 68AmeliaAvenue is “just slightly bigger and higher” than other existing homes on the block. Nevertheless, Board member Ed Bier worried that some people would perceive the house as too big, while Board member Ketan Bhuptani noted that the lot’s elevation could cause issues.
In response, Wu said the attic ceiling height and roofline could be lowered to accommodate those concerns.
A vote on the application was adjourned to December 12 so these layout changes could be made.
