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BOH 11,2017 Approve Dennis MacElroy's Sewer Variance RESOLUTION APPROVING DENNIS MACELROY'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 11,2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, Dennis MacElroy, et al filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to replace their existing wastewater system,with the absorption field of the new system to be located: 1. 80' from the wetland in lieu of the 100' setback required; and 2. 5' from the property line in lieu of the 10' setback required; on property located at 103 Knox Road, 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 3rd, 2017, 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 Dennis MacElroy, et al for variances from the Sewage Disposal Ordinance to replace their existing wastewater system,with the absorption field of the new system to be located: 1. 80' from the wetland in lieu of the 100' setback required; and 2. 5' from the property line in lieu of the 10' setback required; on property located at 103 Knox Road, Queensbury and bearing Tax Map No.: 239.7-1-17, and 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 3rd day of April, 2017,by the following vote: 2 AYES Mr. Clements, Mr. Irish, Mr. Brewer, Mr. Strough, Mr. Metivier NOES None ABSENT: None 3