BOH 17, 2020 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
variance requests on Monday,February 24 h, 2020, and
WHEREAS, the Town Clerk's Office has advised that it duly notified all properly 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.
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
rf-INEWYORK Adirondack
STATE OF
OPPORTUNITY Park Agency
ANDREW M.CUOMO TERRY MARTINO 1 Z- 2 el
Governor Executive Director
March 6, 2020
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Mr. Dave Hatin 09
Director. Building & Codes TO(N sz-,
Town of Queensbury BUN�POUe
742 Bay Rd �C URy
Queensbury, NY 12804 �s
Re: LV2020-0008
Variance Application: Kruger
Town Resolution: BOH 17, 2020
Tax Map Number: 239.12-2-82
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 treatment system.
Relief is required from the Town for deficient setback from the proposed pump tank to the lake,
(45 feet proposed, 50 feet required) and from pump tank to the dwelling, (4 feet proposed, 10
feet required). Additional variances for the new system were previously approved by Resolution
#BOH 9, 2018 and referred to the Agency under LV2018-0032.
Based on the information presented in the record, the Agency respects the findings of the Local
Board of Health and no further review of this variance is required.
Thank you for your referral of this variance determination.
Sincerely,
Robyn Burgess
Principal Adirondack Park
Local Planning Assistance Specialist
REB:KOK:ap
cc: John Strough, Supervisor, Town of Queensbury
Craig Brown, Zoning Administrator, Town of Queensbury
Caroline Barber, Town Clerk, Town of Queensbury
P.O. Box 99•1133 NYS Route 86•Ray Brook, NY 12977•Tel: (518)891-4050•Fax:(518)891-3938•www.apa.ny.gov