BOH 055.2023 Approving Donald Daleys App. for Sanitary Sewage Disposal Variance RESOLUTION APPROVING DONALD DALEY'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 55,2023
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, Donald Daley(Applicant) filed an application for variances from provisions of the
Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, §136-11 which requires
applicants to obtain a variance for a holding tank and a variance from §136-11A as the Applicant
wishes to install two (2) 1,500 gallon capacity concrete septic holding tanks as a replacement septic
system, for a total capacity of 3,000 gallons, in lieu of the required 3,500 gallon capacity, and
WHEREAS, the Applicant also applied for additional variances from Chapter 136 to allow
placement of the holding tanks:
1. 5' from the residence in lieu of the required 10' setback;
2. 5' from the front property line in lieu of the required 10' setback; and
3. 5' from the side property line in lieu of the required 10' setback;
on property located at 76 Rockhurst Road in the Town of 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 duly conducted a public hearing concerning the
variance requests on Monday, September 25t', 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 Donald Daley
for variances from the Sewage Disposal Ordinance to allow installation of two (2) 1,500 gallon
capacity concrete septic holding tanks as a replacement septic system, for a total capacity of 3,000
gallons, in lieu of the required 3,500 gallon capacity with placement of the holding tanks:
1. 5' from the residence in lieu of the required 10' setback;
2. 5' from the front property line in lieu of the required 10' setback; and
3. 5' from the side property line in lieu of the required 10' setback;
on property located at 76 Rockhurst Road in the Town of Queensbury and bearing Tax Map No:
227.13-2-44, 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 for its review, and
BE IT FURTHER,
RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice
to the Adirondack Park Agency and shall be subject to review by the Adirondack Park Agency during
such period.
Duly adopted this 25t'day of September, 2023,by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Ferone