BOH 19, 2019 Approve Joe Monahan's Sewage Disposal Variance
RESOLUTION APPROVING JOE MONAHAN’S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCE
RESOLUTION NO.: 19, 2019
INTRODUCED BY: Mrs. Catherine Atherden
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, Joe Monahan (Applicant) filed an application for a variance from provisions of
the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 for an onsite wastewater
treatment system to replace an existing cesspool, with the proposed system to be located as follows:
Dispersal location to be 5’ from the dwelling lieu of the required 20’ setback;
on property located at 3 Fielding Place 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
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variance request on Monday, April 1, 2019, 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
variance 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 variance 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 Joe Monahan
for a variance from the Sewage Disposal Ordinance for an onsite wastewater treatment system to
replace an existing cesspool, with the proposed system to be located as follows:
Dispersal location to be 5’ from the dwelling lieu of the required 20’ setback;
on property located at 3 Fielding Place in the Town of Queensbury and bearing Tax Map No: 227.13-
2-10, 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 1 day of April, 2019, by the following vote:
AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mrs. Atherden
NOES : None
ABSENT: Mr. Metivier