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024.2010 BOH VanPutte Septic RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCE FOR EDWARD AND PHILOMENA VANPUTTE RESOLUTION NO.: BOH 24, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Edward and Philomena VanPutte 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 and the applicants requested a holding tank as the leaching system will not meet the necessary setback requirements, and WHEREAS, the applicants also applied to the Local Board of Health for three (3) additional variances from Chapter 136 to allow: 1.placement of the holding tank to be five feet (5’) from the foundation in lieu of the required ten feet (10’) setback; 2.placement of the holding tank to be five feet (5’) from the property line in lieu of the required ten feet (10’) setback; and 3.placement of the holding tank to be forty-one feet (41’) from Glen Lake and the well in lieu of the required fifty feet (50’) setback; on property located at 23 Jay Road West in the Town of Queensbury, New York, 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 request on Monday, September 13, 2010, 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 variance, the Local Board of Health finds that the variance will 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 Edward and Philomena VanPutte for variances from the Sewage Disposal Ordinance to allow installation of a holding tank and three (3) additional variances from Chapter 136 to allow: 1.placement of the holding tank to be five feet (5’) from the foundation in lieu of the required ten feet (10’) setback; 2.placement of the holding tank to be five feet (5’) from the property line in lieu of the required ten feet (10’) setback; and 3.placement of the holding tank to be forty-one feet (41’) from Glen Lake and the well in lieu of the required fifty feet (50’) setback; provided that the holding tank has the appropriate alarms and shut-offs, on property located at 23 Jay 2 Road West in the Town of Queensbury and bearing Tax Map No.: 289.10-1-18. th Duly adopted this 13 day of September, 2010, by the following vote: AYES: Mr. Montesi, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: Mr. Strough ABSENT: None 3