BOH 33.2018 Approve Septic Variance Magical Shore Acres -Crasto RESOLUTION APPROVING MAGICAL SHORE ACRES LLC -
CRASTO RESIDENCE'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 33,2018
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, Magical Shore Acres, LLC — Crasto Residence (Applicant) filed an application
for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance,
Chapter 136 to install a replacement wastewater system septic tank and pump tank as follows:
1. Septic tank to be 31' from the shoreline instead of the required 50' setback;
2. Septic tank to be 4' from the dwelling instead of the required 10' setback;
3. Septic tank to be 5' from the property line instead of the required 10' setback;
4. Pump tank to be 22' from the shoreline instead of the required 50' setback;
5. Pump tank to be 5' from the dwelling instead of the required 10' setback;
6. Pump tank to be 7' from the property line instead of the required 10' setback;
on property located at 10 Woods Point Lane 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 duly conducted a public hearing concerning the
variance requests on Monday,November 5ffi, 2018, and
WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners
within 500 feet of the subject property,
NOW, THEREFORE, BE IT
RESOLVED, that
1. due to the nature of the variances, the Local Board of Health determines 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
Applicant; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Magical
Shore Acres, LLC — Crasto Residence for variances from the Sewage Disposal Ordinance to install a
replacement wastewater system septic tank and pump tank as follows:
1. Septic tank to be 31' from the shoreline instead of the required 50' setback;
2. Septic tank to be 4' from the dwelling instead of the required 10' setback;
3. Septic tank to be 5' from the property line instead of the required 10' setback;
4. Pump tank to be 22' from the shoreline instead of the required 50' setback;
5. Pump tank to be 5' from the dwelling instead of the required 10' setback;
6. Pump tank to be 7' from the property line instead of the required 10' setback;
on property located at 10 Woods Point Lane in the Town of Queensbury and bearing Tax Map No:
239.18-1-21, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by
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certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and
BE IT FURTHER,
RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice
to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park
Agency during such period.
Duly adopted this 5ffi day of November, 2018,by the following vote:
AYES Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden
NOES None
ABSENT: None
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