BOH02.93
RESOLUTION TO DENY VARIANCE - HOWARD DENISON
RESOLUTION 2, 93
INTRODUCED BY: Mrs. Susan Goetz
WHO MOVED FOR IT'S ADOPTION
SECONDED BY: Mr. Nick Caimano
RESOLVED, that the Town Board of the Town of Queensbury hereby
denies the application for a variance by Mr. Howard Denison for the
reasons that have been set forth in Mr. Hatin's and Mr. Flaherty's
letters and in addition that he was given more than enough time to
correct the problem and chose not to do so and finally that absent
any evidence to the contrary because he did not show up at the
public hearing we cannot make any other decision.
Attorney Dusek-Do you feel that this is not a proper existence to
have a septic tank and a water pipe together?
Councilman Caimano-Right
Supervisor Brandt-I do not think there is no question.
Councilman Tucker-That is what the law says.
Councilman Caimano-That is what we are saying we are backing up ...
Councilman Tucker-That is what the law says.
Councilman Caimano-I will second it.
Supervisor Brandt-The motion has been made and seconded, any
discussion? I would like to point out that it seems to me this
person did have a right to come to us and appeal this and I do not
think we have a right to be vindictive because he choose that
course. I think the right thing to do is to modify your motion a
little bit and to give them time to react after frost and that is
all I would ask.
Councilman Caimano-My only comment is that I do not thing that for
my stand point I am being vindictive, I do not have any evidence
that he has any interest in trying to solve this thing because he
did not show up nor did he send information to us.
Councilman Monahan-Well if Mike wants to amend the motion, he has
that right to do it and we have to vote on that amendment first.
RESOLUTION TO AMEND PREVIOUS MOTION
RESOLUTION NO. 3, 93
Supervisor Brandt-I would propose an amendment that it be enforced
middle of May
Seconded by Mrs. Betty Monahan
Supervisor Brandt-So on the amendment any discussion?
Councilman Goetz-What is the final time period?
Councilman Monahan-A yes will mean that he gets extended to what
did you say Mike, May?
Supervisor Brandt-May 15th.
Duly adopted this 8th day of February, 1993 by the following vote:
AYES: Mrs. Monahan, Mrs. Goetz, Mr. Brandt
NOES: Mr. Caimano, Mr. Tucker
ABSENT: None
RESOLUTION TO APPROVE MOTION AS AMENDED
RESOLUTION NO. 2, 93
INTRODUCED BY: Mrs. Susan Goetz WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Nick Caimano
RESOLVED, that the Town Board of the Town of Queensbury hereby
denies the application for a variance by Mr. Howard Denison for the
reasons that have been set forth in Mr. Hatin's and Mr. Flaherty's
letters and in addition that he was given more than enough time to
correct the problem and choose not to do so and finally that absent
any evidence to the contrary because he did not show up at the
public hearing we cannot make any other decision and be it further
RESOLVED, that there is a extension of time until May 15th 1993 to
correct the problem.
Duly adopted this 8th day of February, 1993 by the following vote:
AYES: Mrs. Goetz, Mrs. Monahan, Mr. Brandt
NOES; Mr. Caimano, Mr. Tucker
ABSENT: None