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APPROVE\\Kruger Lee and Chris – Replacement Wastewater System – Pump Tank to Lake George and Dwelling-2-24-2020
RESOLUTION APPROVING LEE AND CHRIS KRUGER’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, 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 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, 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
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variance requests on Monday, February 24, 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 Lee and Chris
Kruger for modifications of the variances from the Sewage Disposal Ordinance 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;
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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,
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.
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Duly adopted this 24 day of February, 2020, by the following vote:
AYES :
NOES :
ABSENT:
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