Byram council reviews Planning Board variance report; chairman urges separate cluster zone

Township Manager Joseph Sabatini presented the Planning Board Variance Report for 2023 and outlined four items requiring council direction: whether to change zone designations for lots created by cluster zoning; whether to classify generators and air conditioners as part of the principal structure (basic accessories); how long an application can be carried by the Planning Board before action; and whether apartments should be reclassified from conditional to principal uses in certain business districts (VB, NC, VC).

Sabatini spelled out that the zoning code’s definition of "basic accessories" (codified by Ord. No. 20-2016) currently permits certain accessory items to encroach into setback areas and exempts them from section 240-16A. He also noted recurring enforcement and code-clarification questions about temporary/membrane popup structures (currently treated as accessory structures under the zoning code), and reminded the council the Uniform Construction Code restricts such temporary structures between Dec. 1 and Apr. 1.

George Shivas, Chairman of the Planning Board, told the council, "There should be a separate zone for cluster zoning," and urged clarity on whether first-floor apartments should be permitted in business districts. Councilman Proctor separately requested the council consider vegetative buffers for lake communities and explore an ordinance on impervious lot coverage. The council did not adopt code changes at the meeting and directed staff to research the original subdivisions and report back.