028.2008 BOH
RESOLUTION APPROVING MASTOLONI FAMILY LLC/
EDWARD MASTOLONI’S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCE
RESOLUTION NO.: BOH 28, 2008
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Mastoloni Family LLC/Edward Mastoloni filed an application for variances
from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to
install a replacement septic system:
1.1’ from the property line instead of the required 10’ setback; and
2.14’ from the house instead of the required 20’ setback;
on property located at 50 Bay Parkway and 18 Neighbor’s Way 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
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variance requests on Monday, October 20, 2008, 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 variances 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
applicant; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of the Mastoloni
Family LLC/Edward Mastoloni for variances from the Sewage Disposal Ordinance to install a
replacement septic system:
1.1’ from the property line instead of the required 10’ setback; and
2.14’ from the house instead of the required 20’ setback;
on property located at 50 Bay Parkway and 18 Neighbor’s Way in the Town of Queensbury and
bearing Tax Map No.’s: 226.15-1-28 and 226.15-1-29, contingent upon the following conditions:
1.the applicant’s provision of a drainage easement in form acceptable to Town Counsel;
2.the applicant’s provision of an easement, in form acceptable to Town Counsel, granting
the peninsula property the right to have its septic system on the bigger 1.4 acre parcel,
such easement to include language concerning: a) design, landscaping and
maintenance so that the leech field will be properly maintained and so that parking
cannot occur on the leech field; and b) that the Town is one of the parties that is
benefitted so that the Town may enforce it;
3.that the answers given by the applicant’s engineer in response to Attorney John W.
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Caffry’s October 17, 2008 letter be made permanent conditions.
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Duly adopted this 17 day of November, 2008, by the following vote:
AYES : Mr. Montesi, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : Mr. Strough
ABSENT: None
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