MINUTES
BYRAM TOWNSHIP PLANNING BOARD
April 2, 2009
CALL TO ORDER
George Shivas called the meeting to order at 8:00 p.m.
ROLL CALL
Mayor Danielson
Roll CallPPPPAPPPPPP
Attorney Kurt Senesky Mr. Chozick Planning Director Christopher Hellwig
Engineer Lou Slaby Mr. Kaufhold Planner
FLAG SALUTE Mr. Olson
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
MINUTES
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
OLD BUSINESS
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.
ENVIRONMENTAL COMMISSION REPORT
OTHER BUSINESS
BILLS
Bills in the amount of $302.50 were approved for Louis Slaby.
OPEN TO THE PUBLIC
ADJOURNMENT
10:30 PM
Byram Township Planning Board
April 2, 2009 Page 4 of 4