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WASTEWATER-SEWER\\APPROVE\\Chase Michael – Dark Bay Lane – Leaching System to Well and Property Lines Bedrock – In APA – 6-7-2021
RESOLUTION APPROVING MICHAEL CHASE / DARK BAY LANE, LLC’S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE
RESOLUTION NO.: ___________________________________________________, 2021
INTRODUCED BY: ___________________________________________________
WHO MOVED ITS ADOPTION
SECONDED BY: ___________________________________________________
WHEREAS, Michael Chase on behalf of Dark Bay Lane, LLC (Applicant) filed an application
for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance
Chapter 136 to install a:
1. leaching system 65’ from the proposed well in lieu of the required 100’ setback;
2. leaching system retaining wall 73’ from a neighboring well in lieu of the required 100’
setback;
3. leaching system wall 9’ from the property line in lieu of the required 10’ with retaining
wall within 1.5’ of the property line; and
4. bottom of the leaching system 2’ above the bedrock in lieu of the 3’ requirement;
on property located at 40 Dark Bay 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 duly conducted a public hearing concerning the
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variance request on Monday, June 7, 2021, 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
Applicant; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Michael
Chase on behalf of Dark Bay Lane, LLC for variances from the Sewage Disposal Ordinance to install
a:
1. leaching system 65’ from the proposed well in lieu of the required 100’ setback;
2. leaching system retaining wall 73’ from a neighboring well in lieu of the required 100’
setback;
3. leaching system wall 9’ from the property line in lieu of the required 10’ with retaining
wall within 1.5’ of the property line; and
4. bottom of the leaching system 2’ above the bedrock in lieu of the 3’ requirement;
on property located at 40 Dark Bay Lane in the Town of Queensbury and bearing Tax Map No:
239.18-1-37, 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.
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Duly adopted this 7 day of June, 2021, by the following vote:
AYES :
NOES :
ABSENT: