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BOH 07.2017 Approving Gansle Sewer Variance RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCES FOR BERNARD AND CANDACE GANSLE RESOLUTION NO.: BOH 7,2017 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, Bernard and Candace Gansle (Applicants) filed an application for a variance from Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, §136-11, which requires applicants to obtain a variance for holding tanks, as the Applicants wish to replace their existing 300 gallon holding tank with three (3) new 1,500 gallon holding tanks for a total of 4,500 gallons of capacity, and WHEREAS, the Applicants also applied for additional variances from Chapter 136 to allow placement of such holding tanks: 1. 47' from Glen Lake in lieu of the required 50' setback; 2. 5' from the side property line in lieu of the required 10' setback; 3. 3' from the dwelling in lieu of the required 10' setback; and 4. 42' from the neighboring well in lieu of the required 50' setback; on property located at 5 Glen Hall Drive in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance requests on Monday, February 27b, 2017, and WHEREAS, the Town Clerk's Office advised that it duly notified all property owners within 500 feet of the subject property, and WHEREAS, at the public hearing on February 27h, the Local Board of Health agreed to consider the formal approval of the variance requests provided that the Applicant remove their request for one (1) of the three (3) requested holding tanks, and WHEREAS, the Local Board of Health agreed to leave the public hearing open so that it may review new plans providing for the elimination of one (1) such holding tank, and WHEREAS, the Applicants have accordingly provided an amended application providing for the elimination of one (1) of the holding tanks, with placement of the two (2) remaining proposed holding tanks to be located: 1. 5' from the side property line in lieu of the required 10' setback; 2. 3' from the dwelling in lieu of the required 10' setback; and 3. 42' from the neighboring well in lieu of the required 50' setback; NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health hereby acknowledges Bernard and Candace Gansle's (Applicants) amended application as presented at this meeting and that: 1. due to the nature of the variances, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Bernard and Candace Gansle for variances from the Sewage Disposal Ordinance to allow installation of two (2) new 1,500 gallon holding tanks for a total of 3,000 gallons of capacity with placement of such system to be located: 1. 5' from the side property line in lieu of the required 10' setback; 2. 3' from the dwelling in lieu of the required 10' setback; and 3. 42' from the neighboring well in lieu of the required 50' setback; on property located at 5 Glen Hall Drive in the Town of Queensbury,bearing Tax Map No.: 289.11-1- 28. Duly adopted this 20ffi day of March, 2017,by the following vote: AYES Mr. Clements, Mr. Irish, Mr. Brewer, Mr. Strough, Mr. Metivier NOES None ABSENT: None