BOH 43.2017 Approve Sewer Variance - Judy Pontiff RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL
VARIANCES FOR JUDY PONTIFF
RESOLUTION NO.: BOH 43,2017
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, Judy Pontiff(Applicant) applied to the Local Board of Health for variances from
Chapter 136, §136-11 which requires an applicant to obtain a variance for a holding tank, as the
Applicant wishes to replace her wastewater system by installing a holding tank system consisting of
two (2)holding tanks each with a capacity of 1,500 gallons, thus meeting the required total capacity of
3,000 gallons, and
WHEREAS, the Applicant also applied for additional variances from Chapter 136 to allow
placement of such holding tanks:
1. 32' from the lot 49 well in lieu of the required 50' setback;
2. 29' from the onsite well in lieu of the required 50' setback;
3. 23' from the future onsite well in lieu of the required 50' setback;
4. 41' from the lot 411 well in lieu of the required 50' setback;
5. 5' from the lot 49 property line in lieu of the required 10' setback;
6. 4' from the Sunnyside Road right-of-way in lieu of the required 10' setback;
and to allow placement of the pump tank:
7. 40' from the lot 49 well in lieu of the required 50' setback; and
8. 37' from the onsite well in lieu of the required 50' setback;
on property located at 52 Sunnyside North 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 conducted a public hearing concerning the variance
requests on Monday, December 18th, 2017, and
WHEREAS, the Town Clerk's Office 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, it is felt 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 Judy Pontiff
for variances from the Sewage Disposal Ordinance to allow installation of a holding tank system
consisting of two (2) holding tanks each with a capacity of 1,500 gallons, thus meeting the required
total capacity of 3,000 gallons,with placement of such holding tanks to be located:
1. 32' from the lot 49 well in lieu of the required 50' setback;
2. 29' from the onsite well in lieu of the required 50' setback;
3. 23' from the future onsite well in lieu of the required 50' setback;
4. 41' from the lot 411 well in lieu of the required 50' setback;
5. 5' from the lot 49 property line in lieu of the required 10' setback;
6. 4' from the Sunnyside Road right-of-way in lieu of the required 10' setback;
and placement of the pump tank to be located:
7. 40' from the lot 49 well in lieu of the required 50' setback; and
8. 37' from the onsite well in lieu of the required 50' setback;
on property located at 52 Sunnyside North in the Town of Queensbury,bearing Tax Map No.: 279.17-
2-37.
Duly adopted this 18ffi day of December, 2017,by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer, Mr. Strough
NOES None
ABSENT: None