032. BOH Approve Sewer Variance - Tobin RESOLUTION APPROVING JAMES TOBIN'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 32,2015
INTRODUCED BY: Mr. Brian Clements
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, James Tobin filed an application for variances from provisions of the Town of
Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement on-site
subsurface wastewater treatment system with the absorption tranches to be located±88' and±90' from
the well on the property in lieu of the required 100' distance(s) on property located at 15 Dark Bay
Lane, 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,November 2nd, 2015, 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 is 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 James Tobin
for variances from the Sewage Disposal Ordinance to install a replacement on-site subsurface
wastewater treatment system with the absorption tranches to be located ±88' and ±90' from the well
on the property in lieu of the required 100' distance(s) on property located at 15 Dark Bay Lane,
Queensbury and bearing Tax Map No.: 239.18-1-34, 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 any lawful action by the Adirondack Park
Agency during such period.
Duly adopted this 2nd day of November, 2015, by the following vote:
AYES Mr. Clements, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
ABSENT: Mr. Irish