038.BOH.2011 Donald Marshall
RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL
VARIANCE FOR DONALD MARSHALL
RESOLUTION NO.: BOH 38, 2011
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Donald Marshall filed an application to the Local Board of Health for a variance
from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, to
allow installation of holding tanks beneath the parking area due to steep slopes and lack of available
space for a conventional system on property located at 101 Fitzgerald Road Ext., 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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request 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 variance, it is felt that the variance 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 variance is necessary for the
reasonable use of the land and is the minimum variance 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 Donald
Marshall for a variance from the Sewage Disposal Ordinance to allow installation of holding tanks
beneath the parking area due to steep slopes and lack of available space for a conventional system on
property located at 101 Fitzgerald Road Ext., in the Town of Queensbury, New York and bearing Tax
Map No.: 289.14-1-28.
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Duly adopted this 21 day of November, 2011, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES: None
ABSENT: None