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WASTEWATER -SEWER\\ APPROVE.VAR\\Kubricky-Holding Tank Replacement System & Setbacks - 2-11-19
RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL
VARIANCES FOR THOMAS KUBRICKY
RESOLUTION NO.: __________________________________________________, 2019
INTRODUCED BY: __________________________________________________
WHO MOVED ITS ADOPTION
SECONDED BY: ___________________________________________________
WHEREAS, Thomas Kubricky (Applicant) applied to the Local Board of Health for variances
from Chapter 136, §136-11 which requires applicants to obtain a variance for a holding tank, as the
Applicant wishes to replace his wastewater system by installing a holding tank system consisting of
three (3) holding tanks each with a capacity of 1,250 gallons, thus meeting/exceeding the required total
capacity of 2,000 gallons, and
WHEREAS, the Applicant also applied for additional variances from Chapter 136 to allow
placement of such holding tanks as follows:
1. Tank A to be 3’ from the house in lieu of the required 10’ setback;
2. Tank A to be 3’ from the road in lieu of the required 10’ setback;
3. Tank B to be 3’ from the house in lieu of the required 10’ setback;
4. Tank B to be 3’ from the road in lieu of the required 10’ setback;
5. Tank C to be 3’ from the house in lieu of the required 10’ setback;
6. Tank C to be 3’ from the road in lieu of the required 10’ setback; and
7. The tanks will be 55’ from the Lake in lieu of the required 100’ setback;
on property located at 53 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 conducted a public hearing concerning the variance
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requests on Monday, February 11, 2019, and
WHEREAS, the Town Clerk’s Office 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, it is felt 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 Thomas
Kubricky for variances from the Sewage Disposal Ordinance to allow installation of a holding tank
system consisting of three (3) holding tanks each with a capacity of 1,250 gallons, thus
meeting/exceeding the required total capacity of 2,000 gallons, with placement of such holding tanks to
be located:
1. Tank A to be 3’ from the house in lieu of the required 10’ setback;
2. Tank A to be 3’ from the road in lieu of the required 10’ setback;
3. Tank B to be 3’ from the house in lieu of the required 10’ setback;
4. Tank B to be 3’ from the road in lieu of the required 10’ setback;
5. Tank C to be 3’ from the house in lieu of the required 10’ setback;
6. Tank C to be 3’ from the road in lieu of the required 10’ setback; and
7. The tanks will be 55’ from the Lake in lieu of the required 100’ setback;
on property located at 53 Rockhurst Road in the Town of Queensbury, bearing Tax Map No.: 227.13-
2-24, 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.
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Duly adopted this 11 day of February, 2019, by the following vote:
AYES :
NOES :
ABSENT: