BOH 26..2018 Approve Jane & Scott Dubin Sewage Disposal Variance RESOLUTION APPROVING JANE DUBIN AND SCOTT DUBIN'S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE
RESOLUTION NO.: BOH 26,2018
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, Jane Dubin and Scott Dubin (Applicants) filed an application for a variance from
a provision of the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 to replace
their existing wastewater system with the absorption field of such new system to be located 2' from the
property in lieu of the required 10' setback on property located at 11 Sunset 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 request on Monday, September 24 b, 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 variance, the Local Board of Health determines that the
variance 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 variance is necessary for the
reasonable use of the land and is the minimum variance 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 Jane Dubin
and Scott Dubin for a variance from the Sewage Disposal Ordinance to replace their existing
wastewater system with the absorption field of such new system to be located 2' from the property line
in lieu of the required 10' setback on property located at 11 Sunset Lane in the Town of Queensbury
and bearing Tax Map Nos: 226.19-2-5 &-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 24ffi day of September, 2018,by the following vote:
AYES Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None