BOH 004.2023 Res. Approving Peter Iwanyckj's App. for Sanitary Sewage Disp RESOLUTION APPROVING PETER IWANYCKJ'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 4,2023
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, Peter Iwanyckj filed an application for variances from provisions of the Town of
Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a new well on property
located at 17 Cleverdale Road(Private Road 41) in the Town of Queensbury with the proposed well to
be located:
1. 29' from the existing holding tanks instead of the required 50' setback;
2. 83' from the absorption field instead of the required 100' setback; and
3. 77'from the absorption field instead of the required 100' setback; 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
variance requests on Monday, February 13t', 2023, 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 Peter
Iwanyckj for variances from the Sewage Disposal Ordinance to install a new well to be located:
1. 29' from the existing holding tanks instead of the required 50' setback;
2. 83' from the absorption field instead of the required 100' setback; and
3. 77'from the absorption field instead of the required 100' setback;
on property located at 17 Cleverdale Road (Private Road 41) in the Town of Queensbury and
bearing Tax Map No: 240.9-1-5, 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 (APA) for its review,
and
BE IT FURTHER,
RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice
to the APA and shall be subject to review by the APA during such period.
Duly adopted this 13t'day of February, 2023,by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None