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1.3 1.3 WASTE WATER-SEWER\APPROVE\Bosy—Replacement System Components to Lines,Foundation and Stone for Pressure Bed-APA Language—2-10-20 RESOLUTION APPROVING WILLIAM AND KATHY BOSY'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: ,2020 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health (BOH) and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, William and Kathy Bosy (Applicants) previously applied for and obtained BOH approval (Resolution No.: BOH 52,2019) for certain variances from Chapter 136 to install a replacement wastewater system on their property located at 53 Assembly Point Road in the Town of Queensbury, and WHEREAS, following a pre-installation walkthrough of the project location, it was discovered that the location of the existing septic and pump tanks is too close to the structure and therefore, the Applicants have applied for modifications of the variances previously authorized by Resolution No.: BOH 52,2019 as follows: 1. Septic tank to be 2'6"from the property line instead of the required 10' setback; 2. Septic tank to be 9' and 11' from the future foundation instead of the required 10' setback; 3. Pump chamber to be 2'6"from the property line instead of the required 10' setback; 4. Pump chamber to be 9' from the future foundation instead of the required 10' setback; 5. Pump line to be 4'10"from the property line instead of the required 10' setback; and 6. Edge of stone for the pressure bed to be 4' instead of the required 10' setback; 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, February 10th, 2020, 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 Applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of William and Kathy Bosy for variances from the Sewage Disposal Ordinance to install a replacement wastewater treatment system as follows: 2 1. Septic tank to be 2'6" from the property line instead of the required 10' setback; 2. Septic tank to be 9' and 11' from the future foundation instead of the required 10' setback; 3. Pump chamber to be 2'6"from the property line instead of the required 10' setback; 4. Pump chamber to be 9' from the future foundation instead of the required 10' setback; 5. Pump line to be 4'10"from the property line instead of the required 10' setback; and 6. Edge of stone for the pressure bed to be 4' instead of the required 10' setback; on property located at 53 Assembly Point Road in the Town of Queensbury and bearing Tax Map No: 239.12-2-16 contingent upon the homeowner complying with the sewage disposal system notes provided by the Applicant as detailed on the Site Plan and Septic Design Notes, 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 review by the Adirondack Park Agency during such period. Duly adopted this 10`h day of February, 2020, by the following vote: AYES : NOES : ABSENT: 3 RESOLUTION APPROVING WILLIAM AND KATHY BOSY'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 52,2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, William and Kathy Bosy (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. Septic tank to be 2'9"from the property line instead of the required 10' setback; 2. Septic tank to be 2'5.75"from the foundation instead of the required 10' setback; 3. Pump chamber to be 2'6.75" from the property line instead of the required 10' setback; 4. Pump chamber to be 2'0.25" from the foundation instead of the required 10' setback; 5. Pump line to be 4'10" from the property line instead of the required 10' setback; and 6. Edge of stone for the pressure bed to be 4' instead of the required 10' setback; on property located at 53 Assembly Point 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, December 2nd, 2019, 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 Applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of William and Kathy Bosy for variances from the Sewage Disposal Ordinance to install a replacement wastewater treatment system as follows: 1. Septic tank to be 2'9" from the property line instead of the required 10' setback; 2. Septic tank to be 2'5.75"from the foundation instead of the required 10' setback; 3. Pump chamber to be 2'6.75" from the property line instead of the required 10' setback; 4. Pump chamber to be 2'0.25" from the foundation instead of the required 10' setback; 5. Pump line to be 4'10"from the property line instead of the required 10' setback; and 6. Edge of stone for the pressure bed to be 4' instead of the required 10' setback; on property located at 53 Assembly Point Road in the Town of Queensbury and bearing Tax Map No: 239.12-2-16 contingent upon the homeowner complying with the sewage disposal system notes provided by the Applicant as detailed on the Site Plan and Septic Design Notes, 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 review by the Adirondack Park Agency during such period. Duly adopted this 2nd day of December, 2019, by the following vote: AYES: Mr. Ferone,Mrs. Switzer, Mr. Strough, Mrs. Atherden NOES: None ABSENT: None ABSTAIN: Mr. Metivier 3