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WASTEWATER-SEWER\\APPROVE\\Broad Smith - Leaching System to Well, Home – In APA – 9-28-2020
RESOLUTION APPROVING JAMES BRODA’S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: ___________________________________________________, 2020
INTRODUCED BY: ___________________________________________________
WHO MOVED ITS ADOPTION
SECONDED BY: ___________________________________________________
WHEREAS, James Broda (Applicant) filed an application for variances from provisions of the
Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 to maintain a pre-existing,
non-conforming septic system with placement of a leaching system:
1. 65’ from the well in lieu of the required 100’ setback; and
2. 10’ from the dwelling in lieu of the required 20’ setback;
on property located at 136 Cleverdale 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 duly conducted a public hearing concerning the
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variance request on Monday, September 28, 2020, 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 are 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 James Broad
for variances from the Sewage Disposal Ordinance to maintain a pre-existing, non-conforming septic
system with placement of a leaching system:
1. 65’ from the well in lieu of the required 100’ setback; and
2. 10’ from the dwelling in lieu of the required 20’ setback;
on property located at 136 Cleverdale Road in the Town of Queensbury and bearing Tax Map No:
227.17-2-33, 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.
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Duly adopted this 28 day of September, 2020, by the following vote:
AYES :
NOES :
ABSENT: