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1.2 1.2 WASTEWATER-SEWER\APPROVE\Kruger Lee and Chris—Replacement Wastewater System to Lines,House,Well and Lake—4-16-18 RESOLUTION APPROVING LEE AND CHRIS KRUGER'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: ,2018 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, Lee and Chris Kruger (Applicants) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement wastewater treatment system as follows: 1. Absorption field to be 83' from the lake instead of the required 100' setback; 2. Absorption field to be 95' from the neighboring well line instead of the required 100' setback; 3. Absorption field to be 7' from the property line instead of the required 10' setback; and 4. Wastewater tank to be 8' from the property line instead of the required 10' setback; 5. Wastewater tank to be 4' from the dwelling instead of the required 10' setback; on property located at 6 Morton Road 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, April 16t'', 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 is 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 Lee and Chris Kruger for variances from the Sewage Disposal Ordinance to install a replacement wastewater treatment system as follows: 1. Absorption field to be 83' from the lake instead of the required 100' setback; 2. Absorption field to be 95' from the neighboring well line instead of the required 100' setback; 3. Absorption field to be 7' from the property line instead of the required 10' setback; and 4. Wastewater tank to be 8' from the property line instead of the required 10' setback; 5. Wastewater tank to be 4' from the dwelling instead of the required 10' setback; on property located at 6 Morton Road in the Town of Queensbury and bearing Tax Map No.: 239.12- 2-82, and 2 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by 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 16ffi day of September, 2018,by the following vote: AYES NOES ABSENT: 3