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BOH 33,2018 NEWYORK Adirondack STATE OF OPPORTUNITY Park Agency KAREN FELDMAN TERRY MARTIN© Acting Chair Executive Director © (� I '(�/) L� v En November 13, 2018 NOV 15 2018 iljj TOWN OF QUEENSBURY Mr. Dave Hatin BUILDING&CODES Director, Building & Codes i•c-r•0\ - 2.0,06 Town of Queensbury 742 Bay Road Queensbury, NY 12804 Re: LV2018-0084 Town Variance: BOH 33, 2018 Variance Application: Magical Shore Acres LLC Tax Map Number: 239.18-1-21 Dear Mr. Hatin: Adirondack Park Agency staff review of the above referenced variance determination has been completed. The applicant proposes to install a replacement onsite wastewater treatment system. Relief is required from the Town On-Site Sewage Disposal Ordinance for the following deficient setbacks: 1) Septic tank to be 31 feet from the shoreline instead of the required 50-foot setback. 2) Septic tank to be 4 feet from the dwelling instead of the required 10-foot setback. 3) Septic tank to be 5 feet from the property line instead of the required 10-foot setback. 4) Pump tank to be 22 feet from the shoreline instead of the required 50-foot setback. 5) Pump tank to be 5 feet from the dwelling instead of the required 10-foot setback. 6) Pump tank to be 7 feet from the property line instead of the required 10-foot setback. P.O. Box 99•1133 NYS Route 86•Ray Brook, NY 12977•Tel: (518)891-4050•Fax: (518)891-3938•www.apa.ny.gov Hatin Page 2 November 13, 2018 Based on the information presented in the record, the Agency defers to the findings of Town Board acting as the Local Board of Health and no further review of this variance is required. Thank you for your referral of this variance determination. Sincerely, Robyn Burgess Principal Adirondack Park Local Planning Assistance Specialist REB:KOK:ap cc: John Strough, Supervisor, Town of Queensbury (via email) Craig Brown, Zoning Administrator, Town of Queensbury (via email) Caroline Barber, Town Clerk, Town of Queensbury (via email) 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 th variance requests on Monday, November 5, 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 2 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. th Duly adopted this 5 day of November, 2018, by the following vote: AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES : None ABSENT: None 3