Eric Hassing Bell and Hassing on behalf of Mr

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Eric Hassing Bell and Hassing on behalf of Mr



    April 2, 2009


    George Shivas called the meeting to order at 8:00 p.m.


    Mayor Danielson


     Attorney Kurt Senesky Mr. Chozick Planning Director Christopher Hellwig

     Engineer Lou Slaby Mr. Kaufhold Planner


STATEMENT BY CLERK Mrs. SegalAdequate notice of this meeting has been published specifying the time and place in

    compliance with the provisions of the Open Public Meeting Act. Mr. Steyh


    Mr. Valentine

    March 5, 2009

    A motion was made by Mr. Kaufhold and seconded by Mr. Valentine to approve the minutes. Mr. Walsh

    The following vote was taken:

    Mr. McElroy

    Mrs. Raffay

    Mr. ShivasMayor Danielson

    Roll Call-YY--YY-Y-Y

    Motion carried Mr. Chozick

    RESOLUTIONS Mr. KaufholdZ2-09 Robert and Maryann Lindsey, 70 Ash St, Block 11, Lot 604-606, 208-211

    A motion was made by Mr. Olson and seconded by Mr. Kaufhold to approve the resolution. The

    Mr. Olsonfollowing vote was taken:

    Mrs. Segal

    Mr. Steyh

    Mr. Valentine

    Byram Township Planning Board April 2, 2009 Page 1 of 4 Mr. Walsh

    Mr. McElroy

    Mrs. Raffay

    Mr. Shivas

    Mayor Danielson

    Roll CallYYYY-Y-Y-YY

    Motion carried Mr. Chozick

     Mr. KaufholdSD1-09 Eugene Zisa, Minor Subdivision / Lot line adjustment

    A motion was made by Mayor Danielson and seconded by Mr. Kaufhold to approve the

    resolution. The following vote was taken: Mr. Olson

    Mrs. Segal

    Mr. Steyh

    Mayor DanielsonMr. ValentineRoll CallYYYY-Y-Y-YY

    Motion carried Mr. ChozickMr. Walsh


    Mr. KaufholdMr. McElroy

    Z11-08 Trac Contracting, Waterloo Rd, Cranberry Lake, Block 91, Lot 286 New SFD on undersized lot, unimproved road, with setback variances Mr. OlsonMrs. Raffay(carried from 12/18, 2/5, 3/5, 3/19) (request to be carried to 5/7/09 without further notice) Mrs. SegalMr. Shivas

    A motion was made by Mr. Steyh and seconded by Mr. Olson to approve the request. The

    Mr. Steyhfollowing vote was taken:

    Mr. Valentine

    Mr. Walsh

    Mayor DanielsonMr. McElroyRoll CallYYYY-YYYY-Y

    Motion carried Mr. ChozickMrs. Raffay

    Z1-09 John and Jennifer Lutz, 59 Lake Drive, Block 249, Lot 46

    Mr. KaufholdRe-application for boat shed Mr. Shivas

    Eric Hassing of Bell and Hassing appeared on behalf of Mr. Lutz. Mr. Olson

Mr. Lutz is still under oath. Mr. Keith Chambers, Architect, was qualified as an expert Mrs. Segalprofessional. Mr. Chambers received the submitted plans. He discussed the plan drawing

    and received the drainage diagram on the plan. Mr. Steyh

    Byram Township Planning Board Mr. ValentineApril 2, 2009 Page 2 of 4

    Mr. Walsh

    Mr. McElroy

    Mrs. Raffay

    Mr. Shivas

The existing structure is 18’ x 24’. The height is 16’ - 10 5/16 average building height.

    The overall height is 19’ - 5 3/16. The roof will be removed and the side walls will be

    lowered. The siding will be vinyl shake to match the house. The side walls will be 10’ – 5

    ?” on the new structure. The door will be 8’ in height to accommodate the boat height.

There will be 6” trim boards around the windows and doors. A vinyl appliqué will be

    placed on either side of the gables. Shutters will also match the house. The two windows have been framed out but covered with temporary fill siding. Low wattage lanterns will be placed at the doorways. Two lights will be placed on the inside and one in the attic.

    The front yard setback is 4.34’ as opposed to 5’, due to a contractor’s mistake. It is 14.175’ to the pavement on the northern corner.

The current footprint will not change. The septic tank is 3’9” off the corner of the

    structure. The tank can be hand dug if it should need to be removed. A backyard location would be prohibitive due to the proximity to the lake and it would disturb the view. Locating the shed elsewhere in the front is not possible because of driveway and septic system conflicts.

    Mr. Chambers witnessed other large accessory structures around the neighborhood. The roof pitch will remain at 6/12. The overall height will be 15’7”. About 3 ? feet will be

    removed from the wall. The pitch cannot be lowered without compromising the structure or conflicting with the proposed door.

    Lou asked for a signed and sealed survey. The components of the septic were located in the field and surveyed. Lou asked for a written response from the Board of Health.

    Mr. Walsh asked about the size of the structure as depicted on the plans. Mr. Chambers will verify the size of the structure. The drawings depict notes that the building is 18’ x 24’. The building inspector will have to field verify the size of the building.

    The building appears to be 19’ x 25’ when scaled off the plans. Andrew has not heard any

    proofs to the variances requested.

    Mr. Hassing stated that the size of the structure is in keeping with the neighborhood; the property is still causing the same hardship as the original application. He believes this meets the positive and negative criteria for a variance.

    George stated that the request does not match the structure that is currently built. Scott asked if this application should be treated as a new application.

    Mr. Slaby asked what the benefits are to this proposal and how they outweigh the detriments. The aesthetics of the building outweigh the detriment of having a boat parked in the front yard.

Byram Township Planning Board

    April 2, 2009 Page 3 of 4

Open to the Public

    Joanne Smith, 57 Lake Drive, stated 20’ or 17’ high is not acceptable. She asked the Board to consider the past and the hardship is self created.

Mark Smith, 57 Lake Drive, called and sworn.

He provided photos that were dated and were marked as A1-A8.

The pictures show a view of the truck parked in front of the shed. He thinks 4’ is a bit

    tough to accept. George pointed out that the proposal will not be any worse than what is existing now.

    Mr. Smith would like an assurance that the drain will not back up and overflow the pipe. He asked what the height of the boat was. Mr. Lutz was unsure of the exact height of the boat.

    Kurt stated the Board should determine if his boat is out of character for the neighborhood.

    Mr. Smith asked about landscaping to buffer the shed. The Cyprus trees that Mr. Smith planted were not originally intended for that location.

    Mr. Smith thinks that a parking issue exists and should be dealt with. Mr. Lutz does not have a problem with a prohibition on parking in front of the shed.

    Mr. Smith is in fear that a precedent is being set with this application.

    Joanne Smith asked why the height has to be so high. The 2004 plans had a conceptual height. The 2006 plans were engineered to fit the boats.

The structure was chosen to limit the impact to the site.

    She asked why electricity and lighting are currently proposed. Mark Smith asked about the staircase shown on the plans.




    Bills in the amount of $302.50 were approved for Louis Slaby.



    10:30 PM

Byram Township Planning Board

    April 2, 2009 Page 4 of 4

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