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BOH 039.2022 Approve Morgan Stritsman's Sewer Variance RESOLUTION APPROVING MORGAN STRITSMAN'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.:BOH 39,2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: BOH 80,2021, the Queensbury Town Board as the Town's Local Board of Health approved the application of Morgan Stritsman (Applicant) for variances from the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 for installation of a replacement wastewater system with certain of its components to be located as follows: 1. Wastewater Absorption Field to be 71' from the well instead of the required 100' setback; 2. Enhanced Treatment Unit to be 4' from the foundation instead of the required 10' setback; 3. Pump Tank to be 3' from the foundation instead of the required 10' setback; 4. Wastewater Absorption Field to be I F from the foundation instead of the required 20' setback; and 5. Wastewater Absorption Field to be 7' from the property line instead of the required 10' setback; on property located at 19 Private Road 41 off of Cleverdale Road in the Town of Queensbury and bearing Tax Map No: 240.9-1-6, and WHEREAS, the Applicant advised that when Applicant's contractor was on site to begin construction and during the preliminary stake-out, it was determined that the proposed system requires an additional variance and therefore the Applicant applied for an additional variance from Chapter 136 to install the Wastewater Absorption Field 84' from Lake George instead of the required 100' setback, 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 variance request on Monday, May 2nd, 2022, 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 determines that the variance 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 variance is necessary for the reasonable use of the land and is the minimum variance 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 Morgan Stritsman for a variance from the Town's On-Site Sewage Disposal Ordinance to install the Wastewater Absorption Field 84' from Lake George instead of the required 100' setback on property located at 19 Private Road 41 off of Cleverdale Road in the Town of Queensbury and bearing Tax Map No: 240.9-1-6, 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. Duly adopted this 2nd day of May, 2022,by the following vote: AYES: Mr. Freer, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mr. Ferone