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Board allows 6‑ft privacy fencing on corner lot with design and planting conditions

Township of Livingston Zoning Board of Adjustment · June 23, 2026
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Summary

The Zoning Board granted a homeowner’s request for a 6‑ft privacy fence on a corner lot at 445 South Livingston Avenue, but required the fence be designed with an open upper foot (lattice or similar) and screened with plantings where feasible to soften its public appearance.

The Livingston Zoning Board of Adjustment approved two variances for a privacy fence at 445 South Livingston Avenue on June 23, allowing a 6‑ft privacy fence in locations typically restricted by ordinance on a corner lot, subject to design and screening conditions.

Owner Ghanshyam Daga described safety and privacy concerns following a past burglary and asked for a 6‑ft solid privacy fence on the Wardell Road frontage (a front yard for a corner lot) and a matching 6‑ft privacy fence on the rear/side yard. "A proper privacy fence would significantly improve security for my family by limiting visibility from the street," he said.

Board members discussed competing goals: the town’s preference for 50% open front fences to preserve streetscape vs. homeowner safety and neighborhood precedent. The board negotiated a compromise: the replaced fence must have a solid lower portion no higher than 5 ft and an upper 1‑ft section that is at least 50% open (lattice or similar pattern), use matching vinyl material where indicated, and be screened with evergreen plantings or other vegetation where practical (except directly in front of gates or bus stops). The applicant agreed to plantings and to match neighbor materials where feasible.

A condition was added that the fence design and plantings avoid obstructing bus stop sightlines and gates must remain functional for access. The board approved the request on a unanimous vote with these conditions.