At its Tuesday, February 7 meeting, the Livingston Planning Board gave preliminary approval to amendments to a previously approved project by Om Divya Realty for the parcel at 212,214, and 222 North Livingston Avenue, which includes Livingston Mart, LTown Liquors, andtheAssado Portuguese Steakhouse restaurant. The formal vote, however, will be held sometime at the end of March.
This marked the first Livingston regular Planning Board meeting led by Rudy Fernandez, who took over chairman duties from Peter Klein. Klein, however, still serves on the Board. At the hearing, Om Divya sought approval for the following: an existing shed in the rear of the building; to maximize the current seating of 120 with 60 indoor and 60 outdoor to up to 79 seats inside; to replace spotlights behind the store with downward facing lighting on the sidewalk for safety reasons; and to reconfigure the allocation of parking signs for nine parking stalls in the rear of the property.
Alongside attorney Peter Davidson, Om Divya brought in engineer Michael Lanzafama, Assado Portuguese Steakhouse owner Wilson DeSousa, and Livingston Mart owner Shailesh Patel as witnesses. Local Livingstonresidents, including Scott Goldman, Thomas Eckelman, Ronnie and Jon Bonder, Brian Sklar, Scott Kushel, and Joanne Young, also attended to protest the application, due to the parcel ’s negative impact on their homes in the surrounding area.
Conference Meeting
During the conference meeting prior to the regular meeting, Davidson, DeSousa and Lanzafama explained that changing the indoor chair number from 60 to 79 did not violate the fire code requirement, as Assado Portuguese Steakhouse’s maximum number of occupants remains 120. This tied into the need for a shed, with DeSousa pointing out that bad weather affected wear and tear patterns of the metal patio seats. However, the shedrequired approval, since it was 5'A feet from the building location. A chart was then used to explain how they intended to take the current spotlights, remove them, and add new lights that direct downward, therefore illuminating nearby signs and walkway.
Davidson and Patel, meanwhile, faced heated critiques from Board members for Livingston Mart/LTown Liquors’ reserved parking requests. Despite suggesting that restaurant attendees would know which spots are off-limits, Board members Klein and Rosy Bagolie noted that the Board originally approved a certain amount of parking space under the assumption that it was shared; therefore, any inclusion of reserved space would be unlawful. As member Richard Dinar pointed out, if there are nine empty spaces while the restaurant is full, the Board cannot approve their reserved status.
Following a five-minute recess, Davidson changedhis clients ’request to four reserved spots in the back of the parcel and five in the front. These spots would be reserved between 4 to 7:30 p.m., when business at Assado Portuguese Steakhouse is low.
Public Input
After the conclusion of testimony, the Board opened the meeting to questions from the public, beginning with Scott Goldman of 42 North Baums Court. Goldman – who stated he was speaking on behalf of a friend whose backyard was impacted by the lights – asked DeSousa if he had employees who parked in the parking lot, or whether the restaurant uses any vehicles of its own. DeSousa responded that Assado Portuguese Steakhouse has one, but it is parked at his house. Goldman then asked if the lamps will be removed or switched off, to which DeSousa agreed that they should be removed.
Eckelman, who lives at 4 Mansfield Court, spoke next, questioning DeSousa and Patel on whether their own employees required the lot for parking. DeSousa pointed out that his employees used public transportation, while Patel stated that one employee has a car, but works from 6 a.m. to 3:30 p.m. The other lived three minutes away from his store and walked to work, he said.
Jon Bonder, meanwhile, expressed concern about individuals using their nearby streets for parking to attend the restaurant and stores. When DeSousa mentioned that other Livingston businesses used the streets for public parking, Board member, and former Livingston mayor Steve Santola acknowledged there was a difference between using streets for holiday events compared to regular business days.
After finishing questions, the Livingston residents made sworn statements about how the parcel’s expansions unfavorably impacted their homes and daily lives.
Eckelman expressed frustration with people who parked outside his cul-de-sac neighborhood, specifically how it affects his children. He also criticized the Planning Board for not heeding complaints about the parcel’s lights impeding local homes, despite reaching out to them multiple times before. Scott Kushel of 12 Mansfield Court raised similar issues with the lighting, as well as being able to hear outdoor dining noise from his house at night.
Brian Sklar of 11 Mansfield Court, meanwhile, shared photos of cars crowding his streets, criticizing the restaurant’s policies for hindering his enjoyment of the neighborhood. After him, Joanne Young openly spoke out against Om Divya’s requests, accusing them of operating outside their barriers to the homeowners’ detriment. Noting the amount of cars wrapped around her property and garbage on her street, Young regarded this as a sign of disrespect, thanks to the lack of enforcement being done to curb the business’ interests.
Drafting a Resolution
After discussing both parties’ arguments, the Board admitted that, while the parcel adhered to requirements and contracts established in 2014, the neighbors’ claims had merit. The Board then moved to draft a resolution of approval for Om Divya’s application, before declaring a one-month extension for a formal vote. A date was not announced for this vote.
