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Board accepts scaled‑back design and higher one‑side setback for proposed Franklin Avenue house after lengthy debate
Summary
After extended questioning about lot size and neighborhood character, the Zoning Board approved a revised proposal for Block 1703 Lot 5.02 (Franklin Avenue), including a stipulation that one side yard be increased from 5.2 ft to 8.2 ft and a reduced habitable floor area ratio (51.76%).
The Livingston Zoning Board of Adjustment approved, with conditions, a revised single‑family home for Block 1703 Lot 5.02 (application 2026‑20‑3) on June 23 after a detailed presentation and lengthy board discussion about whether the design overbuilt a 5,000‑square‑foot lot.
Attorney Rosemary Stone Dowerty told the board the applicant had eliminated the habitable attic space and lowered the ridge height. "The key three points is we eliminated the habitable attic space 100%. That is now completely eliminated from the application and is only accessible by a pull down stair," she said. Architect Douglas Astral gave dimensions and testified to a 2,828‑sq‑ft design (after later reductions) and explained the house plan and neighborhood comparison.
Planner Nicholas Graviano testified that variances — including the D4 habitable floor area (initially high but reduced during the hearing) and multiple C variances — could be granted given the lot’s undersized character and consistent neighboring patterns, citing relief previously granted on nearby 1 Franklin.
Board members repeatedly questioned the scale of the house for a 5,000‑sq‑ft lot. Several members said they were "grappling" with the application’s size, with one noting concern that subdivision of adjacent lots could produce similar oversize houses. After the board paused for counsel to confer with the applicant, the applicant amended the request: the left side yard remained 5.2 ft (adjacent to 1 Franklin) while the right side yard was increased to 8.2 ft, reducing the aggregate side yard to 26.8% and the total square footage to 2,588, yielding a habitable floor area ratio of 51.76%.
A board member moved to approve with conditions that the attic remain accessible only by a pull‑down ladder, that the rear landing comply with the ordinance, that no additional outdoor patios be added, and that revised engineering and architectural plans be submitted to Planning Administrator Jackie Hollis. The motion passed unanimously.
The board’s approval resolves this application for this stage; any appeals must be filed in Superior Court of New Jersey within 45 days of notice.
