Loading...
BOH 17.2020 Approving Sewer Variance for Lee and Chris Kruger RESOLUTION APPROVING LEE AND CHRIS KRUGER’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 17, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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 th 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; on property located at 6 Morton Road in the Town of Queensbury and bearing Tax Map No.: 239.12- 2-82, 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 any lawful action by the Adirondack Park Agency during such period. th Duly adopted this 24 day of February, 2020, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES : None ABSENT: Mrs. Switzer 3