The Livingston Planning Board, at its August 8 meeting, approved East McClellanAvenue, LLC’s request for a major subdivision at 36, 38, and 42 East McClellan Avenue. Of the lots listed, East McClellan Avenue, LLC asked to modify lots 18 and 19 with single-family residences while subdividing Lot 20 into five new parcels. The proposal faced criticism from various Livingston residents living near East McClellan Avenue, primarily out of concern for its impact on stormwater drainage.
According to attorney Matthew Posada, the application to reconfigure these lots will keep two existing homes and demolish one. It will also create a new right-of-way off East McClellanAvenue andwouldnot request any bulk variance relief for the homes that would trigger a meeting with the Zoning Board. Additionally, East McClellanAvenue, LLC would agree to downstream tests for potential sewage and water issues, and a homeowners’ association (HOA) for any proposed stormwater-related improvements. They also requested to build a manhole that would connect their water flow to a public easement near the property.
The first witness, engineer Daniel Sehnal, provided an aerial map of lots 18,19, and 20, located between East McClellan Avenue and Mansfield Court at Block 1706. Lot 18, located on the west side, would be just under an acre; 19, located in the center, would be about the same size; 20, by contrast, would measure just over an acre to the east. Describing the street as a two-lane, two-road runway, Sehnal explained that lots 18 and 19 have two U-shaped fiill-movement driveways, while 20 would have a single fiill-movement driveway.
Changes to the property, according to Sehnal, included removing the residential improvements associated with lot 20, realigning its existing lot lines, and subdividing the lot. The remaining area would be used to set up a right-of-way measuring 44 feet wide, along with a paved cul-de-sac with a 24-foot wide travel way and a 40-foot radius in the southern portion. The applicant also sought a variance for the size of the bowl where the radius is located-measuring 40 feet instead of the required 50 - as well as an RSIS standards variance for the right-of-way’s width. Other requests included no parking on either side of the right-of-way; 25-foot radiuses back out to East McClellanAvenue; a four-foot wide sidewalk; reconfiguring lot 19’s driveway; making each of lot 20’s subdivided driveways 12 feet in width by the curb line and 20 feet near the top of the home; and implementing a stormwater management system to mitigate flooding impacts, as well as reduce the rate of discharges.
As for the stormwater management system, Sehnal claimed it will comply with local and state standards via quality, quantity, and groundwater recharge, determining where water is going and how much stormwater is leaving the site under existing conditions. This, he added, helps determine the amount of stormwater generated by the new improvements and how to contain and release it, which will be accomplished through underground infiltration basins. The basins will be located in the proposed easement around the property’s rear development. Smaller stormwater residue will be collected and filtered back into the soil, while those collected from larger storms will be released at a slower rate to the proposed manhole. When Posada questioned him about the water reduction rate, Sehnal labeled it a “significant reduction,” purportedly exceeding local and state levels to 27 percent of what exists today.
However, criticism of the stormwater proposals was at the center of several questions asked by residents. Michelle Lipowski of 25 Ashwood Drive noted that her home is to the side of the property where the manhole will reportedly be installed.After asking whether that would result in construction happening in her yard – including the removal of old trees – Posada said they still do not know where the manhole will be placed and would relocate it if Lipowski does not give her approval. Sehnal also said it would be the applicant’s responsibility to alleviate stormwater through the proposed pipe system, but Lipowski still expressed concern due to flooding issues growing worse over recent years.
Other residents included Scott Kushel, who questioned the HOA’s effectiveness concerning the stormwater should it affect people’s homes during construction; Xiaodong Cai, who inquired about the plan’s proposed construction hours due to her working from home; and Chichuan Huang, who questioned where the applicant will set up a six-foot-tall vinyl fence and evergreen tree screening between her property and the proposed building plan.
Following these questions, planner John Taikina was called as the second and final witness. Assessing the R-4 zone’s proposed variance relief, he noted that lot 19’s existing side yards will become a rear yard measuring eight feet in dimension and a front yard 14.9 feet respectively. A combined side yard setback measuring 23.1 feet will also be reduced to 22.9 feet. He then reiterated several variance requests, including those for a 40-foot cul-de-sac radius and steep slopes in the middle of lot 19. Taikina believed subdividing these lots provided the home and township of Livingston with strong housing options, and that the new homes will not require any variance relief at all. He also said that it met the population density requirements established by Livingston’s Master Plan; the proposed stormwater system improvements would not only create benefits for new and existing homeowners by reducing the rate of runoff but also accommodate the town’s existing systems, he added.
This testimony was followed by more questions. Lucille Santinelli of 38 East McClellan Avenue voiced concern that the applicant would dig up a part of her backyard, though Sehnal assured her that wasn’t the case and that the subdividing would be done in the woods. Lipowski also reiterated her issues with teardowns in the neighborhood, as it stressed the infrastructure – including Harrison Elementary School – due to a lack of sewer improvements. Recognizing the stormwater concerns, Posada pointed out that their stormwater management system proposal would create an updated infrastructure, and the applicant has agreed to test the utility lines to ensure they have the necessary capacity to benefit living conditions. Board member and township manager Barry Lewis also noted that stormwater is often about timing and when water hits rather than how much water hits; he said that the lot plans met all standards.
Before voting, the Board listed some conditions with which East McClellan Avenue, LLC must comply, such as surveying the existing stormwater pipe, providing emergency generators for the homes, and planting additional tree buffers. Board chairman Rudy Fernandez also insisted that all conditions put on the record be included in a final resolution. A motion to approve the plan passed.
