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WASTEWATER -SEWER\\ APPROVE.VAR\\Dunhams Bay Rd LLC-Holding Tanks & Setback – APA Language - 4-15-
19
RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL
VARIANCES FOR 10 DUNHAM’S BAY ROAD, LLC
RESOLUTION NO.: __________________________________________________, 2019
INTRODUCED BY: __________________________________________________
WHO MOVED ITS ADOPTION
SECONDED BY: ___________________________________________________
WHEREAS, 10 Dunham’s Bay Road, LLC (Applicant) applied to the Local Board of Health
for a variance from Chapter 136, §136-11 which requires applicants to obtain a variance for a holding
tank, as the Applicant wishes to install a 6,000 gallon capacity holding tank, thus meeting the required
total capacity of 6,000 gallons, and
WHEREAS, the Applicant has applied for an additional variance from Chapter 136 to replace
the existing pump in the building with a pump station, such pump station to be located at the current
distance of 28’7” from Lake George in lieu of the required 50’ setback on property located at 10
Dunham’s Bay 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, April 15, 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 10 Dunham’s
Bay Road, LLC for variances from the Sewage Disposal Ordinance to allow installation of a 6,000
gallon capacity holding tank, thus meeting the required total capacity of 6,000 gallons, and the
replacement of the existing pump in the building with a pump station, such pump station to be located
at the current distance of 28’7” from Lake George in lieu of the required 50’ setback, on property
located at 10 Dunham’s Bay Road in the Town of Queensbury and bearing Tax Map No.: 239.20-1-4,
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 15 day of April, 2019, by the following vote:
AYES :
NOES :
ABSENT: