BOH36.99
RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCES FOR
MARK RYAN
BOARD OF HEALTH RESOLUTION NO.: 36, 1999
INTRODUCED BY: Mr. Richard Merrill
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, Mark Ryan previously filed an application for three (3) variances from provisions
of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the
Local Board of Health grant variances from Chapter 136 as follows:
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1. The applicant has requested a variance to allow a holding tank as required by 136-11(B)
of the Town Code;
2. The applicant has requested a variance to locate the proposed holding tank below the flood
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plain elevation of three hundred twenty-one feet (321’) as required by 136-11(B)(4);
3. The applicant has requested a variance to locate the proposed holding tank forty-one feet
(41’) from Lake George rather than the required fifty feet (50’) setback;
on property located on Rockhurst Road, 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 a public hearing concerning the variance
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requests on July 19, 1999, and
WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject
property have been duly notified,
NOW, THEREFORE, BE IT
RESOLVED,
a) that due to the nature of the variances, it is felt that the variances would not be
materially detrimental to the purposes and objectives of this Ordinance or to other
adjoining properties or otherwise conflict with the purpose and objectives of any plan
or policy of the Town of Queensbury; and
b) that the Local Board of Health finds that the granting of the variances is necessary for
the reasonable use of the land and that the variances granted 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 Town of Queensbury Local Board of Health hereby approves the
application of Mark Ryan for three (3) variances from the Sewage Disposal Ordinance to allow
1. a holding tank;
2. the holding tank to be located below the flood plain elevation of three hundred twenty-one
feet (321’); and
3. the holding tank to be located forty-one feet (41’) from Lake George
on property located on Rockhurst Road, Queensbury and bearing Tax Map No.: 16-1-4, and
BE IT FURTHER
RESOLVED, that the Town of Queensbury Local Board of Health hereby approves the
variances with the express condition that a deed restriction be filed limiting use to seasonal use, without
installation of a heating system.
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Duly adopted this 19 day of July, 1999, by the following vote:
AYES : Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne
NOES : None
ABSENT: None