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SETPH.VAR\Kruger-Replacement Wastewater System to Lines,House,Well and Lake—4-2-18
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF LEE AND CHRIS KRUGER
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 and
is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage
Disposal Ordinance, and
WHEREAS, Lee and Chris Kruger (Applicants) previously applied for and obtained BOH
approval (Resolution No.: BOH 9,2018) for certain variances from Chapter 136 to install a
replacement wastewater system on their property located at 6 Morton Road in the Town of
Queensbury, and
WHEREAS, during the construction phase of the system, it was determined that the
presence of significant ledge conditions suggested relocation of the pump tank which necessitates
two additional variances but eliminates a previously issued variance and therefore, the Applicants
have applied for modifications of the variances previously authorized by Resolution No.: BOH
9,2018 as follows:
1. Pump tank to be 45' from the lake instead of the required 50' setback; and
2. Pump 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,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury's Local Board of Health will hold a public
hearing on Monday, February 24th, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay
Road, Queensbury, to consider Lee and Chris Kruger's sewage disposal variance application
concerning property located at 6 Morton Road, Queensbury (Tax Map No.: 239.12-2-82) and at
that time all interested persons will be heard,and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town
Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the
Notice to neighbors located within 500' of the applicant's property as required by law.
Duly adopted this 10th day of February, 2020, by the following vote:
AYES :
NOES :
ABSENT:
i •
RESOLUTION APPROVING LEE AND CHRIS KRUGER'S APPLICATION
FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 09,2018
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
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 16th, 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
f
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
BE IT FURTHER,
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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 16th day of April, 2018,by the following vote:
AYES : Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES : None
ABSENT: None
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SEWER\Kruger—Replacement Wastewater System—Tank to Home and LG—2-24-2020
NOTICE OF PUBLIC HEARING
IN ACCORDANCE WITH TOWN OF QUEENSBURY ON-SITE SEWAGE DISPOSAL
ORDINANCE CHAPTER 136, NOTICE IS HEREBY GIVEN THAT THE TOWN OF
QUEENSBURY LOCAL BOARD OF HEALTH WILL CONDUCT A PUBLIC HEARING ON
MONDAY, FEBRUARY 24TH, 2020 AT 7:00 P.M. AT THE QUEENSBURY ACTIVITIES
CENTER, 742 BAY ROAD, QUEENSBURY TO CONSIDER AN APPLICATION BY LEE
AND CHRIS KRUGER FOR SEWAGE DISPOSAL VARIANCES TO INSTALL A PUMP
TANK:
1. 45' FROM LAKE GEORGE INSTEAD OF THE REQUIRED 50' SETBACK;
AND
2. 4' FROM THE DWELLING INSTEAD OF THE REQUIRED 10' SETBACK;
ON PROPERTY LOCATED AT 6 MORTON ROAD IN THE TOWN OF QUEENSBURY,
(TAX MAP NO.: 239.12-2-82).
AT THIS PUBLIC HEARING ALL INTERESTED PERSONS WILL BE HEARD.
PUBLICATION DATE: FEBRUARY ,2020
CAROLINE H.BARBER
TOWN CLERK
TOWN OF QUEENSBURY