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WASTEWATER-SEWER\APPROVE\Kubricky—Maintain Existing System to Lines,Blds Well—3-19-18
RESOLUTION APPROVING TOM AND TERRI KUBRICKY'S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: ,2018
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, Tom and Terri Kubricky (Applicants) filed an application for variances from
provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to maintain
an existing wastewater treatment system that does not meet today's current requirements on property
they recently purchased as follows:
1. Dry well is 94' from the existing well line instead of the required 150' setback;
2. Septic tank is 8.5' from the westerly property line instead of the required 10' setback;
3. Dry well is 4' from the westerly property line instead of the required 10' setback; and
4. Continued use of the dry well which is 6' in diameter and 4' deep with an absorption
area of 755', instead of the required minimum of 183 square feet of absorption area;
on property located at 89 Pilot Knob Road 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
variance requests on Monday, March 19th, 2018, 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 is 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 Tom and
Terri Kubricky for variances from the Sewage Disposal Ordinance to maintain an existing wastewater
treatment system that does not meet today's current requirements on property they recently purchased
as follows:
1. Dry well is 94' from the existing well line instead of the required 150' setback;
2. Septic tank is 8.5' from the westerly property line instead of the required 10' setback;
3. Dry well is 4' from the westerly property line instead of the required 10' setback; and
4. Continued use of the dry well which is 6' in diameter and 4' deep with an absorption
area of 755', instead of the required minimum of 183 square feet of absorption area;
on property located at 89 Pilot Knob Road in the Town of Queensbury and bearing Tax Map No.:
227.18-1-15, and
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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 19ffi day of March, 2018,by the following vote:
AYES
NOES
ABSENT:
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