037.BOH.2011 Augstell Septic
RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL
VARIANCES FOR JOHN AUGSTELL AND JAMES AUGSTELL
RESOLUTION NO.: BOH 37, 2011
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, John Augstell and James Augstell filed an application to the Local Board of
Health for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance,
Chapter 136, to allow installation of a new 3,500 gallon replacement holding tank system serving
cottages with one bedroom and two bedrooms respectively, and
WHEREAS, the applicants also applied for three (3) additional variances from Chapter 136 to
allow:
1.placement of the holding tanks one foot (1’) from the south property line in lieu of the
required ten feet (10’) setback;
2.placement of the sewer lines one foot (1’) from the cottages line in lieu of the required
ten feet (10’) setback; and
3.installation of fill for the holding tanks with less than a 50’ radius, such relief to be from
§136-11B-18 which restricts mounding over holding tanks;
on property located at 38 Bean Road in the Town of Queensbury, New York, 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 Monday, November 21, 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 applicants; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of John Augstell
and James Augstell for a variance from the Sewage Disposal Ordinance to allow installation of a 3,500
gallon replacement holding tank system and three (3) additional variances to allow:
1.placement of the holding tanks one foot (1’) from the south property line in lieu of the
required ten feet (10’) setback;
2.placement of the sewer lines one foot (1’) from the cottages line in lieu of the required
ten feet (10’) setback; and
3.installation of fill for the holding tanks with less than a 50’ radius, such relief to be from
§136-11B-18 which restricts mounding over holding tanks;
on property located at 38 Bean Road in the Town of Queensbury, New York and bearing Tax Map
No.: 227.10-1-20.
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Duly adopted this 21 day of November, 2011, by the following vote:
AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES: None
ABSENT: None