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BOH36.99 RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCES FOR MARK RYAN BOARD OF HEALTH RESOLUTION NO.: 36, 1999 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Mark Ryan previously filed an application for three (3) variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health grant variances from Chapter 136 as follows: § 1. The applicant has requested a variance to allow a holding tank as required by 136-11(B) of the Town Code; 2. The applicant has requested a variance to locate the proposed holding tank below the flood § plain elevation of three hundred twenty-one feet (321’) as required by 136-11(B)(4); 3. The applicant has requested a variance to locate the proposed holding tank forty-one feet (41’) from Lake George rather than the required fifty feet (50’) setback; on property located on Rockhurst Road, 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 conducted a public hearing concerning the variance th requests on July 19, 1999, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances granted are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby approves the application of Mark Ryan for three (3) variances from the Sewage Disposal Ordinance to allow 1. a holding tank; 2. the holding tank to be located below the flood plain elevation of three hundred twenty-one feet (321’); and 3. the holding tank to be located forty-one feet (41’) from Lake George on property located on Rockhurst Road, Queensbury and bearing Tax Map No.: 16-1-4, and BE IT FURTHER RESOLVED, that the Town of Queensbury Local Board of Health hereby approves the variances with the express condition that a deed restriction be filed limiting use to seasonal use, without installation of a heating system. th Duly adopted this 19 day of July, 1999, by the following vote: AYES : Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES : None ABSENT: None