BOH 017.2024 Approve Daureen and Dan Bennett Seewer Variance - 88 Seelye Rd
RESOLUTION APPROVING DAUREEN AND DAN BENNETT’S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 17, 2023
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, Daureen and Dan Bennett (Applicants) 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
Applicants wish to install two (2) 1,000 gallon capacity holding tanks in lieu of the required 3,000
gallon capacity holding tank on property located at 88 Seelye Road in the Town of Queensbury, and
WHEREAS, the Applicants also applied for an additional variance to allow placement of such
holding tanks 6’± from the property line in lieu of the required 10’ 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
th
variance requests on Monday, February 26, 2024, 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
Applicants; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Daureen and
Dan Bennett for variances from the Sewage Disposal Ordinance to allow installation of two (2) 1,000
gallon capacity holding tanks in lieu of the required 3,000 gallon capacity holding tank, with placement
of such holding tank 6’± from the property line in lieu of the required 10’ setback on property located
at 88 Seelye Road in the Town and bearing Tax Map No: 227.17-2-15, 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.
th
Duly adopted this 26 day of February, 2024, by the following vote:
AYES : Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES : None
ABSENT: None