BOH 14.2018 Approve Sewer Variance Bodenhorn's RESOLUTION APPROVING JONATHAN AND RUTH BODENHORN'S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 14,2018
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, Jonathan and Ruth Bodenhorn (Applicants) filed an application for variances
from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to
replace their antiquated onsite septic system,with the new absorption field to be located:
1. 5.1' from a side property in lieu of the required 10' setback;
2. 12' from the residence in lieu of the required 20' setback; and
3. 70.7' from an existing water supply well in lieu of the required 100' setback;
on property located at 9 Pine Tree Lane 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, June 4t', 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 Jonathan and
Ruth Bodenhorn for variances from the Sewage Disposal Ordinance to replace their antiquated onsite
septic system,with the new absorption field to be located:
1. 5.1' from a side property in lieu of the required 10' setback;
2. 12' from the residence in lieu of the required 20' setback; and
3. 70.7' from an existing water supply well in lieu of the required 100' setback;
on property located at 9 Pine Tree Lane in the Town of Queensbury and bearing Tax Map Nos:
226.19-1-26 &-27, 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
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Agency during such period.
Duly adopted this 4�1'day of June, 2018,by the following vote:
AYES Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None
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