028. BOH.2011 MeMarco Swr. approval
RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL
VARIANCES FOR MARION DEMARCO
RESOLUTION NO.: 28, 2011 BOH
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Marion Demarco filed an application for variances from provisions of the Town
of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, to allow installation of a 5,568
gallon replacement holding tank system and allow placement of such system 5’ from the west property
line in lieu of the required 10’ setback, and 45’ from the northwest shoreline in lieu of the required 50’
setback, on property located at 43 Rockhurst Road in the Town of Queensbury,
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 Monday, September 26, 2011, 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, it is felt 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 Marion
Demarco for variances from the Sewage Disposal Ordinance to allow installation of a 5,568 gallon
replacement holding tank system and allow placement of such system 5’ from the west property line in
lieu of the required 10’ setback, and 45’ from the northwest shoreline in lieu of the required 50’
setback, on property located at 43 Rockhurst Road in the Town of Queensbury bearing Tax Map No.:
227.13-2-22.
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Duly adopted this 26 day of September, 2011, by the following vote:
AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: Mr. Montesi