At its March 26 meeting, the Livingston Zoning Board re-heard the cases for Abhishek Gangwal at 6 Hazelwood Avenue, and 44 North Ashby Ave., LLC, at 44 and 46 North Ashby Avenue, approving both applications. The Board then listened to three more cases during the course of the meeting, and ultimately approved all three of them.
44 and 46 North Ashby Avenue
At the February meeting, 44North Ashby Ave., LLC made a request to subdivide the parcel encompassing 44 and 46 North Ashby Avenue into two lots-Lots 1.01 and 12.01 - and to rearrange their layouts to be more symmetrical. Additionally, a house on 12.01 would be tom down and replaced with a different two-story home, with engineer Joseph Bachi and architect Hayk Ekshian providing testimony. This layout was criticized by the Board for going 45 percent over the existing lot space rather than 30 percent, prompting 44 North Ashby Ave., LLC to reduce its space to a more reasonable size.
For the new plan, Ekshian revealed that they removed four feet from the length of the house, removed its covered porch, and pushed the outside fireplace into the building, allowing them to remove the building coverage variance. Other changes included taking out the second story set of the foyer and altering the roof’s elevation, reducing various room sizes, and taking out a powder room. Bachi also confirmed a reduction in the proposed home’s floor area ratio (FAR), cutting it down from 45 percent to 39.4 percent.
Planner Michael Pessolano then shared multiple images of the property from different angles, including the front, back, and the plot of land that will be transferred from Lot 1.01 to Lot 12.01. He then spoke about requiring a habitable floor area ratio variance for 2,466 square feet of floor space, a reduction from the original 2,800 square feet request. Lot area relief was also requested for the two new lot spaces measuring 6,250 square feet each, 50 in width and 125 feet in depth.
Additionally, Pessolano discussed 44 North Ashby Ave., LLC’s plan to move the new home to the center of the lot, rather than keep it on the north side. This would produce a “cadence” of home-to-space area while respecting side yard and front yardrequirements, as well as promote the general welfare by adhering to chosen spacing requirements for single-family homes in an R4 district. These benefits, Pessolano concluded, outweighed “any perception of detriment” and add lasting value to the neighborhood.
Following the testimony, Board member Laurie Khan praised 44 North Ashby Ave., LLC for listening to their suggestions and successfully decreasing the plan’s mass and floor area ratio. A motion to approve the application passed.
24 Hearthstone Terrace
Michael Adeyin requested an 18.17 foot rear year setback variance to build a deck at his property on 24 Hearthstone Terrace. At the meeting, Adeyin and his wife explained that they bought the house in 2022 and love living there with their five children. However, the deck was labeled dangerous when they got the home and they were told to get rid of it. In order to make it safer, the Adeyins shortened their deck to have space for a walkout and extended it six feet on the right side of the house. However, that extension put them in violation of the rear yard setback, thus requesting permission from the Board to keep the new step in place.
After presenting their case, Board member Laurie Kahn told the Adeyins to check setback requirements and obtain permits the next time they do construction to prevent future Planning Boardhearings. The Board then approved the deck plans.
18 Midway Drive
Louis and Marissa Maddalena asked the Board to approve a front and side yard setback in order to build a second story addition and porch at 18 Midway Drive. As longtime Livingston residents who met at Livingston High School and moved back into town four years ago, the Maddalenas wished to increase their house’s upper space in order to give their two girls more room to play. Per testimony by architect Lisa Walzer, the house is a little more than 1,400 square feet, with a living room and family room on the first floor and a second story containing three small bedrooms with built-in closet space and one bathroom. The proposed second story additions, meanwhile, included adding a primary bedroom on top of the family room, making the children’s bedrooms slightly bigger, and building above the garage to create a playroom.
As the garage is already nonconforming, Walzer explained that a variance was needed to begin construction over the garage. Additionally, she spoke about a matching third window to the second floor and rebuilding the front porch, assuring the Board that, compared to neighboring homes, 18 Midway Drive would remain a small house even with these additions. A motion to approve the Maddalena’s plan passed.
3 Canterbury Road
Stacy Bernstein sought variance approval from the Board to install a pergola over her patio at 3 Canterbury Road, with Board member Todd Sherman recusing himself from the hearing.
As Bernstein explained, a deck and two side-by-side patios were built to give her home some extra space, but outdoor heat persuaded her to build a new structure over the patio for shade purposes. Michael Toole, owner of the awning supplier company Majestic Outdoor, further explained that they’re looking to center a 16 by 16 foot pergola over an 18 by 18 foot patio, which will require ripping apart a section of the patio to add the pergola posts.
After assuring the Board that this deviation would produce more benefits than detriments, a motion to approve the plan passed.
6 Hazelwood Avenue
During his last hearing, Gangwal again requested variances for a front yard setback, right side and left side yard setbacks, an aggregate side yard, and habitable floor ratio to build an attached garage, deck, right side, and rear addition to his home. Testimony for the property developments were given by architect Frank Hall and planner Charles Baldanza. They explained that the need for these variances was due to the lot’s unusual structure. However, the Board questioned multiple aspects of the blueprint, including if it might encroach onto other homes. These questions prompted Gangwal and his team to go back and revise their plan again.
At the Tuesday evening hearing, Hall revealed what was done to rectify the Board’s concern. Completed work included modifying the twostory construction so that it is inside the ten foot side yard setback – save for the garage, which still requires a setback – and reducing the habitable floor ratio to 39.53 percent.
Hall added that nearly all these variance requests remain a result of 6 Hazelwood Avenue’s unorthodox narrowness. However, this time Hall felt the new arrangements remained beneficial to Gangwal’s home while preventing it from looming too much over the surrounding neighborhood. Board member Edward Bier, in turn, praised Gangwal and Hall for doing everything possible to adjust the property and alleviate their concerns.
Amotion to approve his application ultimately passed, with Board member Kalpesh Kenia the lone “no” vote.
