BOH015.2006
RESOLUTION APPROVING JANE MADEY’S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 15, 2006
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Jane Madey filed an application for variances from provisions of the Town of
Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement absorption
system:
1.one foot (1’) from the west property line instead of the required ten feet (10’) setback;
and
2.fifty feet (50’) from the well instead of the required one-hundred feet (100’) setback;
on property located at 354 Glen Lake 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 conducted public hearings concerning the variance
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requests on April 17 and June 19, 2006, 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 applicant; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Jane Madey
for variances from the Sewage Disposal Ordinance to install a replacement absorption system:
1.one foot (1’) from the west property line instead of the required ten feet (10)’ setback; and
2.fifty feet (50’) from the well instead of the required one hundred feet (100’) setback;
contingent upon the following conditions:
1.that the residence continue to be a seasonal residence only;
2.that the current footprint of the structure not be expanded;
3.that the applicant agrees to appear before the Town Board to obtain approval of any
future structural expansion before the applicant applies to the Zoning Board of Appeals
for any needed ZBA approvals of any proposed expansion; and
4.that the applicant agrees to provide a deed restriction in form acceptable to Town
Counsel in favor of the Town of Queensbury which deed restriction could not be
amended without the Town Board’s approval as the benefited party. Such deed
restriction is to keep the size of the footprint where it currently is until the property
owner returns to obtain Town Board approval, in its discretion, with any release or
modification of such deed restriction;
on property located at 354 Glen Lake Road in the Town of Queensbury, and bearing Tax Map No.:
289.9-1-68.
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Duly adopted this 19 day of June, 2006, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford
NOES: None
ABSENT: None