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variance BOH 39, 2018 RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCES FOR MARY MCCOSLIN5 . --� c RESOLUTION NO.: BOH 39,2018 pi, DEC 0 5 2018 1 INTRODUCED BY: Mr. George FeroneTON OF QUEENSBURY WHO MOVED ITS ADOPTION BUILDING&CODES SECONDED BY: Mrs. Catherine Atherden WHEREAS, Mary McCoslin(Applicant)applied to the Local Board of Health for variances from Chapter 136, §136-11 which requires applicants to obtain a variance for a holding tank, as the Applicant wishes to install a holding tank system consisting of three (3)holding tanks each with a capacity of 1,250 gallons,thus meeting/exceeding the required total capacity of 3,000 gallons, and WHEREAS, the Applicant also applied for additional variances from Chapter 136 to allow placement of such holding tanks as follows: 1. Tank A will be 3' from the property line in lieu of the required 10' setback; 2. Tank A will be 6' from the house in lieu of the required 10' setback; 3. Tank B will be 3' from the property line in lieu of the required 10' setback; 4. Tank B will be 1' from the road in lieu of the required 10' setback; 5. Tank B will be 4' from the house in lieu of the required 10' setback; 6. Tank C will be 3' from the property line in lieu of the required 10' setback; 7. Tank C will be 1' from the road in lieu of the required 10' setback; and 8. Tank C will be 4' from the house in lieu of the required 10' setback; on property located at 65 Rockhurst 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 conducted a public hearing concerning the variance requests on Monday,December 3`d, 2018, and FILE COPY . WHEREAS, the Town Clerk's Office 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, 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 Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Mary McCoslin for variances from the Sewage Disposal Ordinance to allow installation of a holding tank system consisting of three (3) holding tanks each with a capacity of 1,250 gallons, thus meeting/exceeding the required total capacity of 3,000 gallons, with placement of such holding tanks to be located: 1. Tank A will be 3' from the property line in lieu of the required 10' setback; 2. Tank A will be 6' from the house in lieu of the required 10' setback; 3. Tank B will be 3' from the property line in lieu of the required 10' setback; 4. Tank B will be 1' from the road in lieu of the required 10' setback; 5. Tank B will be 4' from the house in lieu of the required 10' setback; 6. Tank C will be 3' from the property line in lieu of the required 10' setback; 7. Tank C will be 1' from the road in lieu of the required 10' setback; and 8. Tank C will be 4' from the house in lieu of the required 10' setback; on property located at 65 Rockhurst Road in the Town of Queensbury, bearing Tax Map No.: 227.13-2-30, 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 December,2018,by the following vote: AYES : Mrs. Atherden,Mr. Ferone,Mrs. Switzer,Mr. Strough,Mr. Metivier NOES : None ABSENT:None NEWY©RK Adirondack STATE OF OPPORTUNITY. Park Agency KAREN FELDMAN TERRY MARTINO Acting Chair Executive Director {-j' t. k t U W E it 1it2018 t December 12, 2018 L 'U DEC TOWN OF`UESNSSURY Bu1Ln+y1 a &CODES Mr. Dave Hatin Director, Building & Codes Town of Queensbury Fi''742 Bay Road � COp Queensbury, NY 12804 Y Re: LV2018-0089 Town Resolution: BOH 39, 2018 Variance Application: McCoslin Tax Map Number: 227.13-2-30 Dear Mr. Hatin: Adirondack Park Agency staff review of the above referenced variance determination has been completed. The applicant proposes to replace an existing on-site wastewater system with three 1,250 gallon holding tanks. Relief is required from the Town Sewage Disposal Ordinance for the following deficient setbacks: 1) Tank A from property line (3 feet requested, 10 feet required). 2) Tank A from dwelling (6 feet requested, 10 feet required). 3) Tank B from property line (3 feet requested, 10 feet required). 4) Tank B from road (1 foot requested, 10 feet required). 5) Tank B from dwelling (4 feet requested, 10 feet required). 6) Tank C from property line (3 feet requested, 10 feet required). 7) Tank C from road (1 foot requested, 10 feet required). 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. F.O. Fox 990 1133 NYS Route 86 m Ray Brook, NY 12977^Tel: (513)891-4050'Fax: (518)691-3938 m w wv.aoa.ny.9ov RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCES FOR MARY MCCOSLIN RESOLUTION NO.: BOH 39, 2018 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, Mary McCoslin (Applicant) applied to the Local Board of Health for variances from Chapter 136, §136-11 which requires applicants to obtain a variance for a holding tank, as the Applicant wishes to install a holding tank system consisting of three (3) holding tanks each with a capacity of 1,250 gallons, thus meeting/exceeding the required total capacity of 3,000 gallons, and WHEREAS, the Applicant also applied for additional variances from Chapter 136 to allow placement of such holding tanks as follows: 1. Tank A will be 3’ from the property line in lieu of the required 10’ setback; 2. Tank A will be 6’ from the house in lieu of the required 10’ setback; 3. Tank B will be 3’ from the property line in lieu of the required 10’ setback; 4. Tank B will be 1’ from the road in lieu of the required 10’ setback; 5. Tank B will be 4’ from the house in lieu of the required 10’ setback; 6. Tank C will be 3’ from the property line in lieu of the required 10’ setback; 7. Tank C will be 1’ from the road in lieu of the required 10’ setback; and 8. Tank C will be 4’ from the house in lieu of the required 10’ setback; on property located at 65 Rockhurst 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 conducted a public hearing concerning the variance rd requests on Monday, December 3, 2018, and WHEREAS, the Town Clerk’s Office 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, 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 Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Mary McCoslin for variances from the Sewage Disposal Ordinance to allow installation of a holding tank system consisting of three (3) holding tanks each with a capacity of 1,250 gallons, thus meeting/exceeding the required total capacity of 3,000 gallons, with placement of such holding tanks to be located: 1. Tank A will be 3’ from the property line in lieu of the required 10’ setback; 2. Tank A will be 6’ from the house in lieu of the required 10’ setback; 3. Tank B will be 3’ from the property line in lieu of the required 10’ setback; 4. Tank B will be 1’ from the road in lieu of the required 10’ setback; 5. Tank B will be 4’ from the house in lieu of the required 10’ setback; 6. Tank C will be 3’ from the property line in lieu of the required 10’ setback; 7. Tank C will be 1’ from the road in lieu of the required 10’ setback; and 8. Tank C will be 4’ from the house in lieu of the required 10’ setback; on property located at 65 Rockhurst Road in the Town of Queensbury, bearing Tax Map No.: 227.13- 2-30, 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. rd Duly adopted this 3 day of December, 2018, by the following vote: AYES : Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES : None ABSENT:None