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1.2 1.2 WASTEWATER-SEWER\\APPROVE\\Cardona - Replacement System - Components to Well, Foundation, Line & Time Extension– In APA – 2-28-2022 RESOLUTION APPROVING STEVEN CARDONA’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE AND EXTENSION OF TIME TO COMPLETE WASTEWATER SYSTEM IMPROVEMENTS RESOLUTION NO.: ___________________________________________________, 2022 INTRODUCED BY: ___________________________________________________ WHO MOVED ITS ADOPTION SECONDED BY: ___________________________________________________ WHEREAS, Steven Cardona (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 to install a replacement wastewater system with certain of its components to be located as follows: 1. Wastewater Absorption Field to be 68’ from the well instead of the required 100’ setback; 2. Tank to be 8’ from the foundation instead of the required 10’ setback; 3. Wastewater Absorption Field to be 10’ from the foundation instead of the required 20’ setback; and 4. Wastewater Absorption Field to be 5’ from the property line instead of the required 10’ setback; on property located at 17 Honeysuckle 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 th variance request on Monday, February 28, 2022, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, and WHEREAS, Town Code Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the sale of certain real property and provides that a $2,000 escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment system meeting all standards is not completed within the time provided as established by Chapter 137, and WHEREAS, a change of deed for the Applicant’s property occurred on or about November 21, 2021 and when the required property transfer septic inspection took place, it was found that the existing wastewater system was deficient; however, the proposed new system is not able to be completed within the required six (6) month time period due to the time of year and timing of permitting, and th WHEREAS, the Applicant has therefore applied for a timeline extension or until July 19, 2022 to install the system and to extend the date on which the $2,000 escrow deposit he previously deposited with the Town shall be automatically forfeited to the Town, and WHEREAS, the Acting Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension, 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 Steven Cardona for variances from the Sewage Disposal Ordinance to install a replacement wastewater system with certain of its components to be located as follows: 1. Wastewater Absorption Field to be 68’ from the well instead of the required 100’ setback; 2. Tank to be 8’ from the foundation instead of the required 10’ setback; 3. Wastewater Absorption Field to be 10’ from the foundation instead of the required 20’ setback; and 4. Wastewater Absorption Field to be 5’ from the property line instead of the required 10’ setback; on property located at 17 Honeysuckle Lane in the Town of Queensbury and bearing Tax Map Nos: 226.19-1-23, 24, 25, and BE IT FURTHER, RESOLVED, that the Local Board of Health further authorizes and grants the Applicant additional time to obtain a certificate of compliance from the Town’s Building and Codes Enforcement Office as set forth in Chapter 137 to complete installation of the replacement wastewater system and extends the date on which the $2,000 escrow deposit the Applicants th previously deposited with the Town be automatically forfeited to the Town until July 19, 2022 and authorizes and directs the Building and Codes Enforcement Office to take any and all actions 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 28 day of February, 2022, by the following vote: AYES : NOES : ABSENT: