BOH 24, 2017 Approve Septic Variance Ghobrial RESOLUTION APPROVING SAMEH AND MELANIE GHOBRIAL'S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 24,2017
INTRODUCED BY: Mr. Brian Clements
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Sameh and Melanie Ghobrial(Applicants) filed an application for a variance from
provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, §136-11,
which requires applicants to obtain a variance for holding tanks, as the Applicants wish to disconnect
the original 500 gallon holding tank and replace it with two (2) new 1,500 gallon holding tanks for a
total of 3,000 gallons of capacity, and
WHEREAS, the Applicants also applied for an additional variance from Chapter 136 to allow
placement of such holding tanks approximately two feet (2') from the property line in lieu of the ten
feet(10') setback on property located at 66 Russell Harris 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, August 21St, 2017, 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 are 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 Sameh and
Melanie Ghobrial for variances from the Sewage Disposal Ordinance to allow replacement of the
original 500 gallon holding tank with two (2) new 1,500 gallon holding tanks for a total of 3,000
gallons of capacity, with placement of such holding tanks to be approximately two feet (2') from the
property line in lieu of the ten feet (10') setback on property located at 66 Russell Harris Road,
Queensbury, and bearing Tax Map No.: 240.5-1-12, 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 21St day of August, 2017,by the following vote:
AYES Mr. Clements, Mr. Brewer, Mr. Strough, Mr. Metivier
2
NOES : None
ABSENT: Mr. Irish
3