[Music] Good evening and welcome to the public hearing for the Livingston zoning board of adjustment. Today is June 24th. If you are an applicant for a D or use variance, you should be aware that such a variance can only be granted after showing that special reasons reasons for the grant of the variance exist and that
variance can be granted without sub substantial detriment to the zoning plan of the township of Livingston. You should also be aware that in order to be granted such a variance, you will require an affirmative vote of five members of the seven member board of adjustment. Other variances require a majority of four members to grant that
variance. If you're an applicant for any variance and your variance is denied by this board, you have a right to appeal to the Superior Court of the State of New Jersey within 45 days of notice of decision, and that court may overturn the decision of this board. If you're an objector to any type of variance that has been granted, you too may appeal to
the Superior Court of the State of New Jersey within 45 days of the notice of decision. If you do file an appeal, I ask that you please provide a copy of your complaint to the planning administrator, Jackie Hollis. Pursuant to the requirements of the Open Meeting P open public meetings act, also known as the Sunshine Law, adequate notice of
this meeting was provided to the Star Ledger and West Essex Tribune, and a copy was also posted on the bulletin board of the municipal building. In addition to having notice posted, notice of this meeting was placed on the township's website. Members of the public will have an opportunity to ask questions or to make statements regarding each application at the
appropriate time. When the time comes, if you would like to address the board, please come to the front and use the microphone so we can make sure your comments or questions are part of the record. And before we call the role, I just want to make sure um if you're here for 83 Falcon or for
um 20 Cambridge, those two applications have been adjourned. So, okay. Thank you. Okay. And now, Mr. Kenya, will you and we'll also go up after you do the roll.
Okay. The roll call. Uh Mr. Kenya is here. Mr. Horn here. Mr. Shaw here. Mr. Chairman here. Miss Yan is out. Mr. Weisman here. Miss Soil is out. Miss K here. And Mr. Beer, Mr. Beer is out. Uh
motion. Okay. And tonight we'll be calling the first application. We're going a little bit out of order. Is one bre. Okay. What? Just uh make quick announcement. We have um six members here tonight. So there is
a quorum. If you have a um a D variance, which would be include any uh habal floor area ratio variance, please be aware that you need five of the six people on the board to vote in favor of
your application. Uh just be aware of that when you proceed forward tonight. No problem. Thank you. So, uh, number block 2803, lot 3, one, Breton Place.
Application number 2025-52-V Roadak Builder LLC. Applications Applicant seeks approval to construct a new single family house in violation of 170-87 CC3 habitable floor ratio. 21% allowed,
22.72% proposed, 1.72% variance requested. Thank you, Madam Chairman. He just warned me about that, too. I missed it. Uh, like to thank you for taking this application. Um, I'm very
happy to see you and being upright. It's much better. I appreciate all your well wishes at the last meeting. At this time, we have uh I'd like to have our planner sworn in. Our architect is probably in the parking lot. I just got a buzz from him. So, we're gonna do it a
little backwards. We'll do the planning and then I'll have the architect to answer any questions. So, Mr. Wenszel, if you start with Mr. Graviano. Okay, Mr. Graviano. Just give me one second. I'll pull up the site plan because it'll help with the planning testimony. Okay. Oh, Mr.
Mr. Sedra's here so we could start. So, do you want to start with Mr. Start with him? Yep. Okay. He was just trying to get him a a chance to park his car and get here, but that's okay. We'll switch. Thank you. Okay. Well, okay. Why don't we start? Mr. Cedra, why don't we uh get
you sworn in when you're set? Sure. Oh, you got the Okay, I'm ready. Ready. Okay. Did you take a breath, Mr. Cedra, since you ran in? Okay. Do you swear for tell the truth for the zoning board tonight? I do. Okay. Can you please state and spell your name for the record? Sure. I'm in
Cedra. Last name S CED A. Um. All right. Mr. Cedra has appeared before this board numerous times, qualified as an architect. Mr. Cedra, you're still uh a licensed uh architect in the state of New Jersey. Yes. Okay. Thank you. Nobody
sent you email saying you're out. I didn't receive the email yet. Does anyone on the board when I submit him as an AR architect? Thank you. And we accept you. Okay. Does anyone on the board have any questions or objections regarding this witness? Nope. There being no objections, this witness is
accepted as expert in architecture. Thank you, Madam Chairman. Uh Mr. Mr. Cedric, could you please give the board the benefit of your design on this particular property and then the uh pay particular attention to the uh floor ratio, but also a couple of things that
the board always likes to see when you talk about the attic. Uh please indicate the access because that's a very important issue. Sure. Um living. Sure. Uh so I'm going to start with the first sheet that uh shows the first and basement plan. The first floor plan uh
consists of the living spaces uh that's needed for a single family um including the dining room, living room, kitchen, family room. Um and we have also a powder room, pantry and butler pantry. Also, we have a guest room in this level
with its own bathroom and closet. And we have twocar garage accessible from the side street as well. Um the area for the first floor is 1,662. The garage area is 442 square ft. Uh to
the left of that we have the basement. Uh the basement consists of one big open space for recreational and we have a media room and a playroom. And also we have a a guest bedroom with it with its own egress access.
Um the area for the basement is 1,662. Um uh the next sheet uh is the on the left we have the second floor. The second floor consists of four bedrooms with its own closets and bathrooms. Also we have
a laundry room. And um I forgot to mention that the first floor has only a single story family room. Uh so the the area on the right is the roof uh for the family room. Um the the second floor
area is 1,857. Uh we have a floor area ratio of 3519 square ft with a total of 22.72%. Um, also I would like to mention that there is an area counted double which is the
about 55 square ft which is a twotory uh foyer. It's a it's a double space counted twice but only used uh once. Um the access to the attic uh will be through a pull downstairs from the
hallway at the second floor. And looking at the elevation, it's a colonial style home with um horizontal siding u um hardy siding at the first and second floor. Uh we have board and
bat and vertical siding at the gable ends. Um and we have a stone base at the bottom. Um and again the windows, they're double hung windows. U it's more of a traditional look building with some modern accents.
Um and the attic um height from the attic floor to the ridge beam is about we have about 8 ft uh to the collar tie we have 5T um and I think that's that's all for this building and a total floor area
ratio that we're seeking uh we're uh 22.72 we're asking for 1.72% and out of that one point that 1.72% you're talking about that we have 55 ft that are counted twice. Correct. And that's that's basically based upon
Livingston's uh calculation because even though it's a open foyer they they calculate each level of as a three home they would counted at 55 55 555 but here to us yeah we're not exceeding actually the habitable floor area which the town
calls for 3520 we are at 3519 so we're under that that allowable madam chairwoman I ask that he be uh examined by anybody from the board may have any questions. Does anyone on the board have any
questions for this witness? Does anyone in the public have any questions for this witness? Okay. Thank you, Mr. Cedra. Okay. In this case, I would ask planner. Mr. Graviano, you swear for tell the truth for the zoning board tonight. I
do. Okay. And Mr. Graviano's been uh accepted as an expert here many times in the past as a planner. Um Mr. Scraviano, you haven't received any emails from the state telling you your license is not up to date? No, sir. Okay. Chair, does anyone on the board have any questions
or objections regarding this witness? Yeah, I know. There being no objections, this witness is is accepted as an expert in planning. Thank you very much. Thank you, Madam Chairman. Uh Nick, you're fully familiar with this subject property and you've been out to the site. and you heard the testimony of our
architect in reference to the particular property and you've also had an opportunity to review the uh site plan. Is that correct? That's correct. I've been to this site on two separate occasions. Uh the most recent before the hearing today. Uh the applicant is before the board this evening for a
specific piece of property known as block 2803 lot 3. Um it's within the R3 residential zone. It's actually slightly oversized at 15,489 square ft whereas 15,000 square ft is
required. Uh the applicant is meeting all the required setbacks uh for the district. Uh additionally um the applicant is maintaining a smaller building footprint with this proposal. The previous dwelling was actually approximately 80 square feet
larger in footprint than what the applicant's proposing uh this evening. uh the applicant's uh only variance request before the board does relate to the habitable floor area ratio. Whereas 22.72% is proposed, 21% is uh permitted by
code. Uh that's a 1.72% uh increase than what's permitted by ordinance. Um as Mr. Sedra indicated, the home is under the habitable floor area ratio. Uh it meets that requirement. This is one of those situations to be be technical here. The
math isn't mathing. It's an oversized lot, but it can't meet the habitable floor area uh percentage. So certainly that variance could be granted uh pro promoting the purposes of zoning of the municipal land use law. Purpose A uh promotion of public health, safety,
morals, and general welfare. Purpose G to provide sufficient space and appropriate location for variety of residential uses to meet the needs of New Jersey citizens. And then lastly, you'll see uh with the revised building footprint and design of not only the site but the house as well. It certainly
promotes purpose eye, desirable visual envi environment and creative development techniques and good civic design and arrangement. The F variance certainly could be granted without substantial impairments to the zone plan or zoning ordinance. And as you all know with the F variance cases, the test here
is can the site accommodate the proposal given the increase in F. Uh here the applicant is meeting all the required bulk requirements is meeting the required off- streetet parking. So there's certainly uh the ability to accommodate the structure on the property. So in summary, the FR variance
can be granted advancing purposes of zoning a G and I with no substantial impairment to the zone plan or zoning ordinance. And here we have a rather unique from most of our normal applications. One, the site the the site itself is oversized. And number two, the
actual footprint is less than the pre-existing house. That is correct. So those are two unique features of this application that we don't normally have when we present these applications. Certainly, it's certainly a design that took in careful consideration of the site and is certainly a a befitting
design of this corner location. Thank you, Madam Chair. May I submit Mr. Graziano for any questions of the board or any public? Thank you. Thank you very much. Thank you. Thank you, Mr. Graviano. Does anyone on the board have any questions for this witness? Does anyone in the public have any
questions for this witness? Madam Chair, that's all we have. I mean, this is rather unique situation. We have oversized lot. We have a house being built that's smaller in footprint than the existing. It's a minimum uh deviation. I believe that we have given you all of the necessary proofs. We be
able to grant this application and I would ask that you do so. Thank you. Thank you. And that's your closing statement. Huh? That and that's your closing statement. That is it. That's I'm done. Does anyone in the public want to make a statement? Does anyone on the board want to make a
statement? Does anyone on the board want to make a motion? I will make a motion to approve. I'll I'll second it. Okay, Mr. Chairman. Yes.
Mr. Wiseman. Yes. Mr. Mr. Kenya. Yes. Mr. Horn. Yes, Mr. Sha. Yes. Uh, Miss Khan. Yes. Motion carries. Thank you so much. Thank you, board. I'd like to really thank you for taking me first. Feel good. I hope
that when I come here July, I we can dance the jig. And we'll take you last. Let me tell you something. If I can dance in July, you could take me last. I'll just be able to drive yourself. Block 28. Drive yourself. Mr. I'll I'll I'll bring the lollipops and board. Lot
2801, lot 34,2 Falcon Court. Application number 2025- 42-V Yuri Goldman. Applicants seek approval for an addition of violation of the following section 170-
98 C3 sideyard setback 10 ft required 7.83 83 proposed 2.71 ft variance requested. Hi. Hi there. Will anyone be joining you tonight? I'm joined by my architect, Ken Wendell, and the contractor.
Okay. Thank you. Are you Are you Mr. Goldman? Yes, I am. I know. I thought that was on. All right. Mr. Goldman. And uh you just indicated that you're going to have your architect and potentially your contractor. Yeah. Talk about the application tonight. Yes, sir. Okay. So,
you want to start with your architect? Uh, sure. I think that's a great idea. I work for the architect. I'm not the I just do all the drawings for the architect. Okay. So, you you're actually the guy who does all the real work. I do all the real work. Yes. Okay. So, you you uh All right. So, sir, why don't we
have you up at the podium? Thank you. All right. Can uh sir, can we please have your uh name for the record? Sure. Ken Wzel. Wel. Yes, it is. Wow. No relation. I didn't know you.
Yeah. Yeah. I gotta I gotta double check that, you know, because there's like very few of us hanging around. All right. Well, you know, well, that's He's from the other side. He's from He's from He's from He's from the normal side of the family. From the good side. All
right. Uh, by the way, great name. Okay. So, Mr. uh Mr. I'm going to have a problem here. So, somebody Mr. Wenszel, I've never had to do that before. This is like a deja vu. Um, all right. So, Mr. Mr. Wel, you indicated that you were
not the architect, correct? But you work for the architectural firm, correct? And you prepared the drawings, correct? Okay. And so the architect signed and sealed the drawings, correct? So you were fully familiar with the drawings and uh with regard to Mr. Goldman's application. Yes. Okay. And you're able
to present that tonight even though you're not the architect. Are you are you a licensed architect? No. Okay. Um All right. So, we're gonna we're gonna swear you in. Uh, now I forgot to do that. So, why don't we do that? Mr. Wenszel, do you swear for tell truth for
the zoning board tonight? Yes, sir. Okay. Um, so just for the uh board's perspective on this, uh, that Mr. Wel, not this one, that Mr. Wel is going to be testifying
based upon his factual knowledge of the drawings. He is not able to testify as an architect because he's not uh but the architectural plans were signed and sealed and he was involved
with that. So from time to time this does happen where the someone from the architectural firm appears to identify this. So, at the end of the day, he is identifying what the architectural plans are, but he's not testifying as an
expert. Just so the board's aware of that. Swear. I swear. Oh, you did. Okay. Swearing. There was a lot of There's lot There's so much going on here. Okay. Does anyone on the board have any questions or objections regarding this witness? And there being no objections, this
witness is accepted as an ex as No, no. I I as someone who has actual knowledge in the drawings of these plans. Correct. Fantastic. Is that good? Okay. Fantastic. All right. So, uh Mr. Gleman, why don't we uh let uh that Mr. Wel walk
you through this the architectural plans? Sure. Um you have Sorry. Does anyone Did I ask if anyone on the board has any Did I ask that? Okay. Oh, okay. Two Falcon Court.
Two Falcon. Okay. Is this from is is are these the plans from your firm? Yes, sir. Okay. What go ahead. Why don't you walk the board through it? Uh well, the gist of it is we're going for a side draw variance. um being that the uh variance
is uh 11 ft. Oh, I'm sorry. The side side set back is is a is 10 ft. Um and we're going to be at 7' 10 in. So, we're actually 2 feet plus or minus
uh for a garage edition. Um that sits over on the left side. um only because the existing garage uh unless you have a Mini Cooper, you can't open the door without hitting the wall and walk around the car at the same
time. Um so in this case, we get an extra two or three feet and it's more feasible garage that the homeowner can use. Um everything else is conforming. So,
it's just the sideyard setback that's that's an issue. So, Mr. Wel, so you're saying that um because the current garage is very small in order for Mr. Goldman to be able to use it for
something larger than a Ducatti motorcycle pretty much. Uh he you you need the extra room and there's only one way to go. Yeah. Unfortunately, the way it's set, it's only way you can go is to the left. And again, it encroaches with about 2 feet
into the sideyard set back. Okay. But only on a small because it's like a pie shape. So, it's it's only a small triangular um addition to the into the setback. Does anyone on the board have any
questions for this witness? No. So, the size of the garage is expanding from what to what I see more. Yeah, it's was 10 ft. So, now 10. Yeah. Right.
Does anyone in the public have any questions for this witness? Okay. Thank you, Mr. Wel. I'd like to say that too. So, Mr. Goldman, are you going to uh present anyone else or are you going to
rely on the testimony of the architect who has told us what the reason is for your um having to do the sideyard extension? I I think we're good with his testimony. We're good with uh Ken's statement.
We're okay. We don't need any additional. Okay. Does anyone in the public want to make a statement? Does anybody on the board want to make a statement? Does anybody on the board want to make a motion? I'll make a motion. I'll second it. I'll make a motion to approve. I'll
second it. I'll second it. Okay. Mr. Shaw gets Everybody's fighting for it. Mr. Horn. Yes. Mr. Sha. Yes. Mr. Kenyon. Mr. Sherman. Yes, Mr. Wiseman. Yes, Miss Khan. Yes. Motion carries.
Congratulations. Thank you very much. So, go buy yourself a bigger car. Block 30. Block 3501, lot 15 95 Ver Terrace application number 2025-44-B Leang Zang and G J Guna Tang. Applicant
seeks approval to construct a new single family house in violation of the following section 170-87B4 habitable floor area 3,220 ft allowed. 3,489 ft² proposed 269 ft²
variance requested. Hello. Okay. Hello. Um, nice to see you. I have not been before this board for a while. A long time. Um, I thought I was retired. Not so lucky. Um, Mr. Wel, can you
please swear on this witness? Okay. Well, I just want to be sure. Is uh the property owner here? Is that Mr. uh happens to be uh his cousin? They are out of town and asked his uh So, so this
poor man drew the short straw to join us tonight. Exactly. Okay. Welcome, sir. Welcome. Okay. So, no, because the he's the one that went with them. Okay, that's okay. No problem. went on vacation. Yeah, no worries, sir. No worries. We just want to make sure that
somebody from the applicant is here. All right, ma'am. Why don't we swear you in? Do you swear for Intel truth for the zoning board tonight? Yes. Okay. Can you please state and spell your name for the record? Sure. My name is Christine Lynn Meo, M I SO. I'm a licensed architect and planner in the state of New Jersey.
My licenses are current. They have my money, which is actually up at the end of this month. They just uh cash the check. Um I have been before this board probably a hundred times, but I don't know if before too many of you guys,
Lori of course or chairman Khan now. Um, vice chair. The chair is not here. Oh, okay. I'm playing the chairwoman today. Okay. Um, anyway, so um I have been retired and got sort of sucked back in and I am here and hopefully you won't
see me again, but um I'm here to present um this case. It's on 95 Beer Terrace. Um, why don't we just finalize your We'll have chairwoman finalize your qualifications. Okay. Okay. Does anyone on the board have any questions or objections
regarding this witness? There being no objections, this witness is accepted as an expert architect. Thank you. Thank you. Uh, we are um removing an existing house that was built in 1966.
Uh it's approximately 1,700 square feet. And what we are going to be doing is putting up a new um twotory single family residence um that is uh 3489
square ft. Um we are looking for one variance and that is habitable floor area. Um the maximum habitable floor area in this zone which is R4 is uh 3220.
So we are 269 square ft over the habitable floor area. We are not over the floor area ratio at all. Uh the floor area ratio with this lot is only 23.25.
Um this zone allows 30%. Uh the lot is approximately 15,000 I believe the survey says 15,06 square feet um which gets you up towards R3
and um this house if you did go into the R3 uh numbers or um appro Oh my mind just um lot size. Yeah, thank you. No lot
size. um it would meet lot size of R3 but it would still be under the habitable floor area for R3 and we would only be 1.25% over the floor area ratio though we are considerably under the floor area ratio
for R4. Um, I believe because of this size of the lot that we can easily handle the additional 269 square ft in habitable floor area.
This lot, there's only one other lot across the street that's approximately 1,500 square f feet and I believe the tax map said it was 1,5002 square 15,02 ft. All the other lots in the area are between 11,000 and 13,000 square feet.
So overall, the mass of this lot and the size of this lot can handle the little bit uh bigger square footage. We need no front yard, rear yard or sideyard variances. We need no height variances. Um it's a very um simple house as you
can see. Um and it is a very very large lot. We tried to um condense the driveway on the left side of the house and a very simple walk. You can see the um maybe I can walk up to the board
might be easier. This area is a covered porch. This is the twostory area of the house and the rear of the house is a onestory area. Um, we did that to play with the massing a little bit so the house would not
appear uh very large on the uh lot. If you take a look at um the A1 the second page um you can see that the style is um sort
of a quasi country French. Maybe you'll see it. I assume I assume you have the drawings in front of you. Um where we will have a stone first floor, a um a
copper or metal roofed uh covered porch and a stucco seven the second floor. Um we have clear story windows in the front and the back. Um because let's see now further down
there. That one. That should be it. There we go. Um because we have the one-story um family room that uh vaults just right over the stairs. Um it does not need to
be uh calculated as twice the square footage because of the low plate heights and we you cannot build a second floor in that area. The area that does have double height over the uh the walkway in
the foyer that has been co covered according to the on the ordinance as double floor area. Um but the foyer in the back will be cathedral. So, those clear story windows will be into the house. Um, they will not be into the
attic area. Um, at this point, the only attic area will be a little bit over the bedroom area, and that'll be for utilities and general storage. That access to the attic will be with a pull down stair uh by the bedrooms where that
attic will be over. Um, if we go to the next two pages, I don't know if you're interested in the side elevations. They look pretty simple. Um, as you can see the one-story area in the back with the little covered porch in the back and
then the same in the front. Um, on the floor plans, um, what we have is a twocar garage in the front. We have the foyer with stairwells. uh to the left, dining room, walk-in
pantry, butler's pantry, kitchen to the right, a great room in the center of the house, and that will be the um vated area with skylights and clear story windows, and then an office and um a
bedroom for my client's uh parents when they come to visit from China. It's either the in-laws or the the parents, whoever is there that six months. Um, but that will be parent a parent suite on the first floor. On the second floor,
we have four bedrooms and three baths, laundry room. Um, like I said, we have an twotory foyer that was counted twice and the pull downstairs. It's um not a very uh large house. There are
other houses in the neighborhood on on Ver Terrace that are comparable in size. Um, I looked through the tax roles and there were a number of them in the 3,300 square feet range. Um, especially the
ones that had slightly bigger lots. On the other side of the lot, um, which would be to the, um, norththeast of this property is our three. And um that area
had a number of larger homes um that were within the R3 zone and much and larger than 3,300 square ft. Um I believe uh that this variance can be easily granted um without causing a
substantial detriment to the uh public good. granting the variance would not substantially impair the intent of in the purpose of the land use plan or the zoning master zoning plan. And I think this house would be a very attractive
uh additive to the neighborhood. A little bit different than what's sort of been going on in town. Thanks, Miss Mo. Does anyone on the board have any questions for this witness? That's not so much a question, but I'd rather it's sort of a statement, but I'd rather say it now to give you an
opportunity to respond to, you know, my concern. And the House looks great. Um, and I don't think I have a problem with the of the negative. I'm I'm more concerned about the law and that it that it's oversized and us having a justification because there's no there's no hardship here. And I see it's a
double lot. My concern is almost one and a half times. Is it a double lot? Not a double lot. I shouldn't say double lot. 15,000 over 93. It's an oversized lot, right? It's an oversized lot. Not not double size, but uh60%
maybe more than almost double double almost. So, but my concern my concern is when I look down the block uh on this particular block, you know, and I get that R3 is nearby. It is an R4 and the rest of the block is all substantially
similar bigger houses but nowhere none of them are nowhere near the the limit combined with my biggest usually the stand the minimum width is 75 here we're still at a 70 foot wide lot so I'm still concerned that coming down this street
we're you know we're being asked to permit and I guess it's under C2 that this is substantially greater now what are we under here this is a devariance This is a ratio variance. No, no, I think it's I was told this is a D variance. No, this just so we're all
clear. No, I think it was a C. This is this this is for habitable floor area, not ratio. The floor area ratio is a D. Oh, is it a D? No, no, this isn't a ratio, right? Yeah. Habitable floor area is a C, right? This is a bulk. So, so
this is a bulk. So, this would be interesting. this would have to fall under uh either a C1 for um the the traditional hardship, you know, uh like we did with the gentleman
before with my cousin, Mr. Wel, uh who's not my cousin, by the way, just so we're clear on the record. uh but you know that there where there's a physical characteristic that's causing the uh variance condition here and I don't put mean to put words into uh the
the architect's mouth here but in essence uh her last comments were along the lines of a C2 uh the flexible C2 variance which basically states uh it doesn't involve a hardship. What it states is that this is
the because of various aspects of this lot and how it's been planned out that it presents uh a better planning alternative and it does not uh violate
any of the zones uh other um standards and doesn't provide a uh a hit uh a negative um impairment. the overall zone in the master plan. And in essence that
uh using that flexible standard what the uh argument is here is that because of the the lot size having uh being unusually larger than others that this
additional sized propertized home uh can be accommodated on the site without causing any other uh variance. conditions. So, it's not a hardship. So, it's not a C1, but it is uh and once
again, I'll put words in the architect's mouth, but the way I heard it, it sounded to me like it would be a recommendation under the C2 variance. Yeah, I I it because it's not a D, it's definitely a C2. Um, I came in here with
the opinion that it was a Dvariance and that's how I was told also to notice and um you notice for you notice correct. You notice for the correct so you're fine. No, but I'm just saying and I even paid the fees for the D variance. Well, area
or ratio is both 300. Pardon? It's the same rate. It an area is the same as a ratio. Oh, I thought only a D variance would pay you pay more. No, they upped it since you retired. Okay, they got me. Okay, it used to be that the darian was
more. I I would like to also say last year, right around this time, you came in front of the board and at that time a plan was presented a square footage of 4,500 square feet on this lot. Yes. In fact, that's I was just going to bring that up. So, I actually appreciate the
fact that you're coming back a year later and took time out to think about the plan. I didn't do this project a year ago. Oh, you weren't here a year ago. Oh, I was here on another matter and I got my bearings because I was only a couple hundred square feet. I don't remember who the architect was. There
was another architect um that my client had hired and after I guess coming back a couple times. Um the last they had like a 4,500 4500 square feet and I think they had like a 4,200. Yes. So we
and then um basically when they saw me, they called me afterwards and said, "Help." And I said, "Well, first off, there's no way in heck I'm coming in here with a 4,500 foot house, right? We
can you you we have to bring this down. I understand Flurry ratio allows you a 4500 foot house, but it's just not cutting it in this neighborhood." Um, so I sort of looked at the neighborhood, looked at what other houses were, and
and the neighborhood's a little deceiving because it looks like all those nice, neat little by levels, but some of them are double and double and a half deep where we've got some pretty big ones on the street. Um, like I said,
I I looked through text uh numbers and whatnot to see um you know how big there were and there were a couple 3,300 in change homes. Um this one is the first one that's going to look a little bit different. I think there's only one
other down the street that is there two. Okay. I don't remember there. I don't remember there being even another one. Yeah, but go ahead. Yeah, I thought there was one down at the culde-sac that was a little different, but either way, I appreciate the fact that this will look different than all the other homes that we're seeing in
Livingston. And I appreciate the fact that it is now a thousand square foot square feet smaller than the initial plan. Um, and also recognizing the fact that the lot is an R an R3 size lot. So, I think that the plans look um they're
well within. I wasn't the person involved. I never would have come to you with a thousand square feet. I can't imagine. I just don't remember who was here a year ago. But I but I do have because I kept it open as a as a pending application and I pulled it out and I looked at it and I saw that it was 4500 square feet and then when I saw that it
had changed so I do appreciate that. Yeah. No, I I knew it it could never happen. Okay. Um does anybody on the board have any other questions for this? I just have one thing. I don't know if you could actually answer it, but the um as far as the attic goes, I mean, I do see
that it it is very tall. I mean, I know it's not the whole house uh size for the attic, but I mean, would the client accept the condition of approval that the attic can't be used as habitable space? Sure. And and I and I I believe
wasn't the ordinance change that if you do use the attic now and it's over flurry ratio, you have to come back anyway. It's it's kind of it's also in flux right now until it's actually Yes, it has. Okay. Well, let's put it this way.
Our intent at this point, we have a pull down stair designed. We we don't have it designed for a staircase up to the second floor. And like I said, the whole center of the house is skylights and
clear story for the um specifically for the family room. So we we you you would agree on behalf of your clients that their condition of approval no have space and if they need it they have to come back. Does anyone in the public have any
questions for this witness? Does anyone in the public want to make a statement? Does anybody on the board want to make a statement? Does anybody on the board want to make a motion? I will make a motion to approve with the condition of approval for the I'll
second it. Mr. Sherman, yes. Mr. Kenya. Mr. Horn. Yes. Mr. Sha. Yes. Mr. Weisman. Yes. Miss Khan. Yes. Motion car. Congratulations. Great. Thank you very much. And maybe it'll be another
year or two if I Okay. Block lot 5101. about 1032 Waywood Road application which was road sorry application number 2025-48-V
Deendra and and Kendul Gandhi application seeks approval for the first and second floor addition in violation of the following section 170-87 CC3 habitable floor area ratio 21% allowed 24.4
person proposed 3.4 four person square feet variance requested. Good evening. How are you hearing us today? Hi. All right. So, um just want to make sure that this uh we have uh the applicant homeowner is Mr. Gandhi. You're here
tonight. I'm Yes. Okay. All right. Um my name is Elizabeth Wedro. I'm representing Mr. Gandhi tonight. Um he's going to do most of the talking tonight. Uh unfortunately, the architect couldn't be here, but Mr. Gandhi uh based on his knowledge of the property and the plans itself uh can speak to them. So I'm
going to Elizabeth, give me your last name again. Sure. It's Wedoff and that's spelled W I D R O F F. All right, M. Woodruff, why don't you go ahead? Sure. I'm gonna actually turn it over to Mr. Gandhi to uh speak to the Okay, so we'll get Mr. Gandhi, do you
swear for and tell the truth for the zoning board tonight? I do. Okay, very good. So Mr. Gandhi, you can sit. Don't you know you want to? It's this is not Supreme Court. It's okay. Um don't let the bow tie fool you. Uh okay. So, Miss
Woodruff. Yes. Sure. Uh so, Mr. Gandhi, can you tell us uh about the property and what it is that you're proposing? Okay. So, thank you very much and good evening. So, thank you very much for giving us the opportunity to speak about this
application. So I am residing at 32 Wwood Road since February 2017. So this is my primary residence for about uh more than 8 years now. So right now uh
we really love this u community and the towns and we feel we are fortunate enough to raise our kids in this cosmopolitan community and excellent schools. So right now uh
uh we are uh requesting for the load uh coverage variance only uh to accommodate the modest expansions in the existing family. This is the 1 and a half story split level house. It has only three
bedrooms right now. So over the period of times uh our family is growing and our family needs are uh evolving. So that's why we are requesting for this expansion. Uh current this home is
completely insufficient to workers efficiently to have the well-beings and the privacy is other thing in post pandemic area. Me and my work both are have the hybrid work models. So we work
frequently we have to work home and we need our private uh area because we spend lots of times in the virtual meeting and phone calls and other things. So we need like a quiet and the uh private work area. So we can take our
calls and other things without impacting our work. Besides that we have two teenage kids. uh they are growings and they need their own space and the privacy and we uh our parents uh visit us and they stay with about 6 to 8
months in a year. So we need a separate room for them as well. Uh right now whenever they are coming like we have to kind of disarrange ourself and we have to share the rooms and other things. So that's why we are thinking like we need to do
the little bit expansions for our home. This is purely a necessity not for the luxury purpose or anything else. Uh and again we have like uh extended families and the friends. So we invite them we
host them. So we need to expand our kitchen and the living room area little bit. So that's why we want to do the little bit expansion. So right now uh we are in the R3 zone. In the R3 zone u it is 3,520
ft is allowed. Uh my load is under size non-confirming. So right now we are asking for about 3,500 uh space total together. So right now we are kind of breaching only one uh uh
habitable area ratio. we are breaching it but other than that uh all the front sides everything are compliant we don't need anything else and another thing is right now uh there and we are building this doing the renovation on the
existing concrete slab and uh after this renovation we are planning to remove certain concrete slab as well which will improve the impress ratio as well. So this renovation will positively uh work instead of going to into negative sides.
Uh again as I mentioned uh these u additions whatever we are doing uh it is purely on the necessary basis not for any luxury purpose. So I would like uh um yeah so that's why I would like to request board to support our
application. Thank you. Does anybody on the board have any questions for this witness? I have a question. The garage, you have the garage in the back. There's like the the
um separate pull it up garage in the back, right? And then the house, the garage that's attached to the house. Is that a garage as well or using what is that? So we have the detach car garage in the back side. Uh so right now we are
keeping as it is. We are not touching anything. Uh so let me just bring the survey. So this is the car garage here one story and this is the driveway and right now we are planning to do the expansion here
in this area and here there is the concrete area this is what I was talking about we are planning to remove so that will improve the employees ratio so the area where the garage is that's attached not the detached garage but the area that the garage that's attached to the house. What is that used for? Is that
livable space right now? What or is that the garage? What is that? So you have the detached garage and the garage that's attached to the house. I'm just I'm just want to want to know what is that livable space right now where the garage is. So right now Okay. So we have
provided uh let me just go to um if you don't mind can you please repeat your question? I just want No, because it's because I I backed up. I wanted to look at it closely. So you have the detached garage. You pull in the detached garages right there and then you have your house and then to the
left of the house you have the garage, right? So is that also used for cars or is that is that going to be part of the addition like what what is so we are not that is to park the car only that is not part of additions we are not touching
the garage you have two garages then twocar garage you have two but you have the detached garage and the attached garage we don't have attached garage we have only detached garage okay right so that part okay thank you okay what would be the garage is used what would be the garage is yeah it's an office bedroom in
here my guess is one time it got converted and that's I just that's I just wanted to clarify that that's all I just wanted to clarify that bought the house that was they converted I do not uh that was before I bought it so the detached garage was there when you bought the house okay okay just wanted
to clear that up thank you right does anybody else have any questions for this witness yes it is um does anybody in the public have any questions Does anybody on the board want to make a statement? Does anybody on the board want to make a
motion? I'll make a motion to approve. I'll second it. What? Who said what? Mr. Motion. Second to horn. Second. Horn. Yes. Okay. Mr. Kaney. Yeah. Mr. Horn. Mr. Shaw. Yes. Mr.
Sherman. Yes. Mr. Wiseman. Mr. K. Yes. Motion carries. Congratulations. Congratulations. by 85. Yeah. All right. The last one we got block 3305 lot 21101 uh 15 Carne Terrace application number
2025-46-V Hilton Chung applica applicant seeks approval for a deck expansion in violation of the following section 170-98C4 RAR setback 40 ft required 25.7 ft
proposed 14.3 ft variance requested 17089 98 C4 A floor area 200 ft allowed 374 ft proposed 174 variance requested 17098C4
C deck height 3 ft allowed 10 ft proposed 7 ft variance requested my name is Shin I'm the architect for the project I'm going to be presenting the project to you the my client the owner is in the uh audience u okay we're
not planning to he's not going to testify Bye. Okay. Once again, you beat me to the punch because I just wanted to make sure that the applicant was here. Hello to the chums. Uh, okay. So, sir, can please uh spell your name for me? Uh, my name is Hikeen. H A Y K. Last
name Xian. E K S H I A N. Um, I'm a licensed architect in the state of New Jersey. My license is current. Um, I've appeared in front of this board uh numerous times. Um, I'm graduated from New Jersey Institute
of Technology with Bachelors of Architecture. Um, licenses and current. Current. Yes. Okay. I was going to ask you if you got an email, but um, apparently that's that's too old of a joke. I got to I got to find something new. All right. Let's swear you let's swear you in. You need new material. I
need new material. I guess now we got to say text. It's 2025. Um, so sir, do you swear a firm tell for the zone board tonight? I do. Okay. So, uh, why don't you go ahead? All right. Wait, before we start, does anyone on the board have any questions or objections regarding this
witness? No. There being no objections, this witness is accepted as an expert in architecture. Okay. So, we're in front of this board to uh ask for a a variance for a a deck expansion. Um, this is a recently built
house um that was pretty much built in a way that had maxed out the Sorry, I think you're going to need to bring the mic a little closer to you. Can't hear you at all. Okay. It was built in a way that the it
maxed out the um uh zoning requirements for the lot. As you can see, the rear um setback line, the 40 ft kind of uh hugs the house. And the deck, the existing
deck, which is 10 by um 16 uh feet, um is encroaches into into the rear yard. Um the town ordinance allows us to have a 200 ft limit in order to
encroach. Uh however the existing deck uh is also elevated off the ground uh by around 9 ft 9 to 10 ft. Um the reason for that is uh the topography of the land um kind of slopes down towards the
uh the backyard. So we are not able to uh build a patio and utilize the rear yard. We we have to have a deck uh for for the um uh homeowners to enjoy their uh backyard. The a 10 by 16 ft deck only
allows for a small uh table and up to like about four people. Um so it's it doesn't it from a utilitarian standpoint, it doesn't really function well as a deck. So, we want to expand it
out um towards the rear yard by about um 8 ft. So, making the total dimension uh 16 by 18 ft so that we can add a decent size table and have uh more than four people that can enjoy
enjoy the backyard. Uh everything else stays the same way. Uh the stair we're not touching it. existing deck. We're not planning to take it down. We're just going to build on top of the existing foundation and add to it. Um, and as you
can see, the way that we are expanding the deck, um, the deck isn't expanding. The whole face of the deck doesn't encroach into the rear yard. It's just the, you know, corner corner of the deck. So even though uh the rear yard
set back is 25.7 feet, it's just at the quarter and then it expands out. Um so the variances that we were asking for is the rear yard setback at 25.7 ft and
um and that the deck is elevated off the ground. Um, our hardships are pretty much the location of the building and the topography of the land. We cannot do anything about um, with that I'll take
uh, your question. Does anybody on the board have any questions for this witness? I'm just confused about the history. So, was it in compliance? I just see it over the 40 over the you we are allowed to Livingston allows us to build encroach
into the your yard setback as long as the encroachment is less than 200 square ft the current as long as the encroach okay so now you're going over now you're going over the 200 square and and it's getting a little bigger but that's why it's legal now okay I'd like to also add
that the um the neighboring property in the rear is actually a wooded area so it's not going to be obtrusive to to anybody. Um, it's pretty private in the backyard. Anyone else? Does anyone in the public
have any questions for this witness? Please approach. Hi. Hi. Good evening, everyone. Uh, my name is Go ahead. Sorry. Yeah. Um, if you can state your name and address. Okay. Uh, my name is Shiaang. My address
is 8 Dana Drive. Okay. And this is the t I'm sorry, chair. Uh this is the time for questions to the architect. Not if you want to make a statement that's later, but now it's just questions to the architect. Okay. Okay. Yeah. Um
first, can I confirm the the variance or variances you're you're requesting? Three of them, right? First, the area. Um second the height and the third one is
uh the the backyard setback. Um in terms of the the height is that the the existing structures already at 9 or 10 ft. Correct. Is that an like existing approved variance?
It was approved and built that way. I wasn't the architect uh for the original structure. So I cannot answer if it uh went through a variance process if it w if it was approved that way. So and also
well I'm I'm not an expert in in architecture. So also the regulations um I wonder the the setback does it include only the the deck or it include the the
paveway and stairs as well? The setback includes the deck. Um meaning should Yeah. The paveway and the stairs also the the the stairs are far
the stairs I believe are farther away from the um the rear. The closest point is the corner of the deck. That's 25.7 ft away from Right. I I think I think to to assist Miss Fun and her question, I
think the the question was when we say uh that the deck violates the rear yard setback, right? It would be because now we're you're you're asking to expand the deck, it would be everything beyond the
red line that goes diagonally through the deck. I would say everything that has to do with the deck, not the walkway itself. Right. The walkway is the walkway is not part of that. It's not considered structure for the purposes of setback. So would it would be everything
you're seeing there that's beyond the red line that goes diagonally through the deck. Okay. So not not just a corner of the deck but right and I think the architect what the architect is saying is that when they measure the rear yard setback
that the the variance they're requesting they have to request the variance from the furthest point in. So the he's saying from that corner to the lot line because if that lot line runs on a diagonal you you what he's acknowledging
is that is where the the variance number is generated from. Okay. Yeah. The maximum correct. Mhm. Yeah. Okay. Um and I'm sorry the hardship is you you
cannot the hardship is that um the house is elevated and we cannot have a patio simply um um because we're 9 ft off the ground. Um and the reason for that is the topography of the land that comes down
which is lower in the backyard. Um, so for the client to enjoy their backyard, we need a we need a decent sized deck. Uh, the current deck size 10 by 16 can't doesn't accommodate for um and doesn't
allow enough space uh for a table, enough um people to enjoy the enjoy the rear yard. Um and uh pretty much the house is situ situated where it is and so I we cannot
build a deck elsewhere. So we're we're just proposing to expand this existing deck. But uh in the township engineers letter it says there is I forgot the exact word
um but something like prohibitive slope slope. There's nothing like that. Is there anything unique to this lot? Um, the fact that the land itself slopes down so that the t the house isn't like
a typical house two to three feet off the ground where we can put two a couple of steps and land on a patio which could be much larger. Let's say 20 by 20. because we're nine feet off the ground. Um it is not easy for us to u enjoy the
backyard from the first floor where the main living area is. Is that situation unique to this lot? Because I I'm not sure if I I say this as a statement or or as a question. If I'm
not speaking correctly, please stop me. I I find it's not uncommon for Livingston's lot uh to be slloppy. Take my lot as example. It's slloy and in fact the your lot is about
I say about a story higher than mine. So you're already on an elevated lot. So, I would call that a hardship and I would say it's a unique to this property as well as it could be unique to other
properties as well. Um, one reason it's also unique to this property is that the building is right at the rear yard setback line. Um if you if your property had distance between the rear yard setback line and the house, you can
easily build a deck um an elevated deck without um without going through a variance uh process. However, because this building is right at the setback line and we're elevated, we do not have any other
option. So that's that creates a hardship for us. Is is deck a necessity? I have a question. I go ahead. Go ahead. No, my question is the the walk out that's but we don't have the plans, I don't think, for the
house, but the the room that um exits onto the deck is that it lines up with the room that's there. Is that the kitchen or the dining room or the family room, whatever that is. So, the deck sort of needs to be at that level because in order to walk out onto a deck that So, you're just basically taking
the existing deck and extending it. Exactly. Right. Without having to re, you know, renegotiate how it is, how it looks back there in steps going down or whatever. So, you're basically just taking it because it's come, you're walking out directly onto that deck, right? And then just making it larger. Exactly. Sending it 8 ft further in
order to be able to use that deck. Um, right. So, it makes sense to sort of have it where it is because that's there's already an existing. Exactly. We you you don't once you're living at the f in the living uh space the family room on the first floor uh if we were to you
know have the outdoor space 10 ft below great it's not easy to enjoy that space because you would have to go flight you know two flights of stairs to uh you know bring down food uh things like that
watching the kids would be an issue. too. Um, so, um, for that reason, we would like to have the deck larger. Sorry, can I ask more questions? Any other questions? Um, yeah, I wonder you
you mentioned the kitchen is on the second floor, that's why choose to to have the deck there as well. Um, yeah, I wonder kitchen as a second floor. Is that a architecture? Well, we're not here. We're we're not
here to discuss the kitchen. We're here to discuss the deck. So, we have to sort of keep keep on point. So, we're here to discuss the deck. And if you have any other questions pertaining to the deck, that would be great. Well, I just feel the the reason for the deck to be there is connect to the kitchen. That's why I'm asking the kitchen. Sorry. Sorry
about that. Um so is there any just to answer that in a way um the entrance of the house at the front is at this level. So you come into the house and your living space is on on this first story. This is pretty much a
walkout basement. So all your living spaces are up here uh when you're at the first story. And the the client usually spends most of their ta time on that floor, the kitchen, family room, all that is there.
So, they want to just enjoy that space in the backyard and expand the deck uh to be able to do that. Looking at this lot, no, we can't change the we can't change the the architecture of the house. It is what it is. So, it's basically just taking what's existing
and then making it larger. M wonder if there's any alternative way to achieve that. Well, I it doesn't seem like there is. I I don't see any other way. But is a
larger deck really a necessity? That that's my question. Well, the the quite frankly the other option is to put as they go out you you I I I I just
want to make sure that this what they're doing is they're using the existing deck and the existing deck is being expanded. This is not a new deck. So this is a deck that already exists at that height. So, it's not
they're not making a new deck. I just want to correct be clear about that, right? Yes. Okay. You have any other questions, ma'am? Um, no, no questions. No other questions. Anything else? Okay. Thank you. Any
questions? Do you have a question? Uh, yeah. I And I assume I think the questioner was from 8 Dana Drive. Is is that the residence directly behind this? Do you know? I'm not sure. Oh, it's not.
Actually, I'm a bit confused by this lot because when I look online, seems there are two very narrow lots between us, but from my backyard, I can see it directly. So, I Okay. I'm not sure. So, I I guess
Mr. Weissman's question was, "Are you are you the next door neighbor?" I believe I am. You believe you are? Yes. Okay. Must there's some large wooded air. There's some large area between your house and their house. You're the
next door neighbor. You must be on the left then because the house on the right has a big deck in the back. The house. So, here's the here's the house that we're talking about. I think it's the back, Lord. Are you talking at the back? You're talking in the back. What's your house number again? 8 Dana Drive. my backyard the other side. Okay.
Okay. Okay. All right. And then Yeah. And then my my followup is that I did see a a big row of trees. Who which maintaining those trees? I I couldn't tell which property line it was on and whose trees those were. I I
believe that. No, but for me it would be relevant, I think, to I who's maintaining those trees. I believe those are on my property. Sorry. Would you like to come up? There's a All right. Whoa, whoa, wait, wait, wait. All right.
Hold on. Hold on. Okay. What? What? There's There's a question. Can the architect answer the question that Mr. Weissman has presented about the landscaping on the property?
I believe the the wooded area is on the neighbor's property. Okay. Correct. Anything else? No. Okay. It's It's on the board. Okay. Does anyone in the public want to make a statement?
I I believe I'm the the neighbor right behind their back. Make a statement. Oh, sorry. Um, we're going to swear you in again. Miss Fun, do you swear affirm tell truth for the zoning board tonight? Yes. Okay. Go ahead, Miss Funk. Um, what do I say? Well, I just want to
first talk about uh you mentioned that the the backyard is facing a woody area. It's very private. That's what I thought when I bought my house. I bought it in summer and when I step on my deck, I don't see any house.
But wait, wait for a few months. When the leaves are gone, then you will see all the houses. Um I I learned it the hard way and and uh um I think the the variance the the effect
is is compounding not just one variance right you're asking for a a a bigger deck well it's existing it's already higher like three times than than what normally allowed and the the size of the
deck is almost twice as what's allowed and it's getting into well what's like 40% less than what's required uh backyard setback. So those
effects, they're compounding and and also you're on an elevated lot from the deck or even from from your yard, you can see my backyard clearly. I can hear
everything happening in your backyard and that makes me a bit concerned about this expansion. When you have a bigger deck, well, it's going to be a perfect place for entertainment. I'm sure they're gonna be
people on that deck and I'm going to hear and and then people be able to see my backyard. So, that loss of privacy is what's concerning me a bit. Okay. Um,
the owners are here. Okay. Any other comments? Any other comments from anyone on the board? Okay. Does anybody want to make a motion then? I'll make a motion to approve. I second it.
Well, if we could have discussion, I I would want if I was if I was going to approve, I think I'd want the this owner to also be required to have to have a condition of evergreen trees in in the back there. Can I do that after the motion when there's a motion? No, you
can't you can't that can't be a that can't be a condition of approval because it's not part of the app a it's not part of the application and b it's not you you you
can't you can't make that a you can't make that a condition of approval because it's not uh part and parcel of the application. if the application already had uh if it was uh a requirement to place uh some type of
vegetation and you wanted to say well you know we want a certain type of you know we want to make sure you're you're you're increasing the vegetation uh that's that's one thing uh I mean we you can I think the applicant is here
okay and the applicant's probably heard some concerns so perhaps maybe Maybe they want to take it of their own valition to apply the good neighbor policy and maybe want to see what they can do, but I it wouldn't
be able to be an enforcable condition of approval under this uh scenario. They're not building a new home which would involve site plan work. There was a I thought that
Still Okay, Mr. Action, what'd you come up with? Um, since we already have a wooded area, you know, during the summer, nobody can really see across. um and and they do not want to make it a um
condition of approval because then you know upkeeping those trees becomes an issue. If someone goes with the trees they have to plant them. The next person they sell they have to plant uh make sure those trees are in good condition. Um you know there are many
other neighbors on that property. Um none of them are comp complaining here. Um if if somebody is very particular about their privacy, they can also plant evergreen trees on on their own
property. What what just to piggyback on what Mr. Weissman have brought up uh it isn't unusual uh for uh this type of scenario for there to be a condition of approval that
there wouldn't be any light spillage from any um placement of any lights on the deck that there would uh you know uh be an understanding that they are in a residential neighborhood and to uh to
respect their neighbors. But if uh Mr. for Weissman. Uh I'm not putting words into his mouth, but if there was uh it would be a reasonable condition of approval for the board to place on something like this to say that there uh that any um uh light lighting put on the
deck or in or around the deck that it be uh properly downward facing, not facing the neighbor, and to uh minimize, if not eliminate any light spillage onto neighboring properties that would be something that uh would be in line with
this type of application. Mr. Weissman was going along those lines. I would adopt that. Yeah, I would adopt that. I think that that's a reasonable understanding. So, we can have that as a condition of approval subject to um the motioner and
the second to agree to that being an amendment to the motion. Agree to be a motion. Absolutely. Mr. Horn. Yes. Mr. Can you Mr. Sha? Yes. Mr. Sherman, yes. Okay. Mr. Wiseman, yes. Okay. Miss
K. Yes. Motion carries. Congratulations. Thank you. Okay. You ready for the next one? Okay, I'm making a motion to adjurnn. Who's making a motion? Approved. Okay, we're done.