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2002-02-25 REGULAR TOWN BOARD MEETING February 25, 2002 MTG. #12 RES. 110-128 7:00 P.M. BOH. 9-11 TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN OFFICIALS DIRECTOR OF COMMUNITY DEVELOPMENT CHRIS ROUND WATER/WASTEWATER SUPT. RALPH VANDUSEN COMPTROLLER HENRY HESS PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER 1.0 BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 110 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 25th day of February, 2002 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH PUBLIC HEARING SEWAGE DISPOSAL VARIANCE APPLICATION OF CARLOS BOMBARD NOTICE SHOWN Supervisor Brower-Mr. Bombard if you would come forward with Mr. Sweet and introduce yourself for the record please. Mr. Carlos Bombard-I am Carlos Bombard from 483 Moon Hill Road and I am here for the variance for the septic system. Mr. Jay Sweet-Jay Sweet owner of Queensbury Septic Tank Service. Supervisor Brower-So, you have reworked the configuration of your system which is an Elgin System if I am not mistaken. Mr. Sweet do you have anything to say at this stage? Mr. Sweet-No, we just changed it the way they wanted us to and it looks all right to me, I do not know, everybody else wants to change it all the time. Councilman Turner-Did you talk to the neighbors? Did you talk to Mr. Weller? Mr. Sweet-No. Councilman Turner-No, we will hear from him. Supervisor Brower-Mr. Bombard anything to add at this stage, prior to me opening up for public hearing? Mr. Bombard-Just thanking the Board for all the time they spent helping me on this. Supervisor Brower-Thank you very much. At this time I would like to ask any members of the public if you would like to comment on the application for sewage disposal variance of Carlos Bombard to step forward and state your name and address for the record. Mr. Hally Weller-I am Hally Weller Supervisor Brower-Please speak into the microphone so we can get that down on the record. Mr. Hally Weller-Yes, Gentlemen, I am Hally Weller, Carlos neighbor Mr. Bombard's neighbor, and I am very please with what you have decided to do and I hope that everything works out good for Carlos. It looks to me like it is a sensible decision. I am very please with it. Supervisor Brower-So, you approve it. Mr. Weller-Yes, I do. Supervisor Brower-Thank you for your input. Does anyone else in the audience have any comment that they would like to make on the record regarding this application? Hearing none, I will close the public hearing and ask Board Members for any comment or input they would like to have? Councilman Brewer-I have no comment, I think it is a much better plan then was previously submitted it satisfies all the neighbors and still does the job for him. Councilman Stec-It was a couple extra meetings but you know I mean it was certainly from my perspective was well worth it and I hopefully from both neighbors I think it is a better project now. Councilman Boor-I like it to, the only thing I noticed is that at the last meeting I had requested that Mr. Bombard check his well periodically I do not see that in the resolution is that going to effect us if it does become contaminated having approved this or if we do approve this? Councilman Brewer-I do not think that it will effect us. Councilman Boor-Well, we are approving something and it is thirty five feet less than what is the code. Supervisor Brower-Chris, do you have a comment on that or Bob? Director Chris Round-I know that there is a, and maybe Dave can comment, I know that there is a release signed by adjoining property owners when there is a variance to the adjoining property owners I do not know that, that applies to property owner himself. The property owner is making the request for this relief and I do not know how that.. Councilman Boor-From a legal standpoint I mean, could Mr. Bombard hold us responsible if his well is contaminated? Town Counsel Hafner-I do not believe that he could. I believe that he has said that he would have it checked periodically but it was not a matter of contract. Councilman Boor-Ok. I am very happy with it also. Councilman Turner-I am all set with it, fine, beautiful, I will move it. RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF CARLOS BOMBARD RESOLUTION NO.: 9,2002 BOH INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Carlos Bombard has filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health allow a leachfield to be located I' from the rear property line in lieu of the required 10' setback and 65' from the well in lieu of the required 100' setback on property located at 583 Moon Hill Road, 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 requests on February 25th, 2002, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been dilly notified, NOW, THEREFORE, BE IT RESOLVED, a) that 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 to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances granted 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 Town of Queensbury Local Board of Health hereby approves Carlos Bombard's application for variances from the Sewage Disposal Ordinance to locate his leachfield I' from the rear property line in lieu of the required 10' setback and 65' from his well in lieu of the required 100' setback on property located at 583 Moon Hill Road, Queensbury and bearing Tax Map No.: 48-2-7. Duly adopted this 25th day of February, 2002 by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF W ARREN/W ASHINGTON ARC RESOLUTION NO.: 10,2002 BOH INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issues variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, the W arren/W ashington Counties ARC has applied to the Local Board of Health for variances from Chapter 136 to allow a leachfield to be located one foot (1 ') from the property line in lieu of the required ten feet (10') setback and fifteen feet (15') from the foundation in lieu of the required twenty feet (20') setback on property located at 22 Jerome Avenue, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on March 18th, 2002 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider the Warren/Washington Counties ARC's sewage disposal variance application concerning property situated at 22 Jerome Avenue, Queensbury (Tax Map No.: 302.14-3-29) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 25th day of February, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION ADJORNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. II, 2002 BOH INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns as the Queensbury Board of Health. Duly adopted this 25th day of February, 2002 by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Boor, Mr. Brower NOES: None ABSENT: None