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BOH 58.2020 Approve Sewer Variance Dave Barlow RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCES FOR DAVE BARLOW RESOLUTION NO.: BOH 58, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Dave Barlow (Applicant) applied to the Local Board of Health for a variance from Chapter 136, §136-11 which requires applicants to obtain a variance for holding tanks, as the Applicant wishes to install two (2) 1500 gallon capacity holding tanks, thus meeting the required total capacity of 3,000 gallons, with the holding tanks to be located 4’ from the structure in lieu of the required 10’ setback on property located at 18 Ward Lane 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 conducted a public hearing concerning the variance th requests on Monday, December 7, 2020, and WHEREAS, the Town Clerk’s Office advised that it duly notified all property owners within 500 feet of the subject property, and WHEREAS, Town Code Chapter 137 Article I “Septic Inspection Upon Property Transfer” requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the sale of certain real property, and WHEREAS, a change of deed for the Applicant’s property occurred on June 17, 2020 and when the required property transfer septic inspection took place, it was found that the existing wastewater system was deficient but the proposed holding tank wastewater system was not able to be completed within the required six (6) month time period, and WHEREAS, the Applicant accordingly applied for a timeline extension or until June 8, 2021 to install the holding tank system and the Director of Building and Codes Enforcement recommends that the Town Board grant such extension, NOW, THEREFORE, BE IT RESOLVED, that: 1. 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 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 Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Dave Barlow (Applicant) for variances from the Sewage Disposal Ordinance to allow installation of two (2) 1500 gallon capacity holding tanks, thus meeting the required total capacity of 3,000 gallons, with the holding tanks to be located 4’ from the structure in lieu of the required 10’ setback, on property located at 18 Ward Lane in the Town of Queensbury and bearing Tax Map No.: 240.6-1-7, and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby authorizes and grants the Applicant th additional time or until June 8, 2021 to obtain a certificate of compliance from the Town’s Building and Codes Enforcement Office as set forth in Chapter 137 for installation of the holding tanks and authorizes and directs the Director of Building and Codes Enforcement to take any and all action necessary to effectuate the terms of this Resolution, 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. th Duly adopted this 7 day of December, 2020, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier NOES : None ABSENT: None