020.2007BOH
RESOLUTION APPROVING ROBERT AND ELIZABETH
BIRCHENOUGH’S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 20, 2007
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Robert and Elizabeth Birchenough filed an application for variances from
provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install:
1.a leach field 5’ from a property line instead of the required 10’ setback;
2.the effluent line 3’ from a property line instead of the required 10’ setback;
3.a leach field 8’ from a basement/garage instead of the required 20’ setback; and
4.260 LF of advantex leach field instead of the required 550’ for conventional system as
set forth in Chapter 136 Tables 5 & 6;
on property located at 340 Cleverdale 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, September 10, 2007, 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 applicants; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Robert and
Elizabeth Birchenough for variances from the Sewage Disposal Ordinance to install:
1.a leach field 5’ from a property line instead of the required 10’ setback;
2.the effluent line 3’ from a property line instead of the required 10’ setback;
3.a leach field 8’ from a basement/garage instead of the required 20’ setback; and
4.260 LF of advantex leach field instead of the required 550’ for conventional system as set
forth in Chapter 136 Tables 5 & 6;
on property located at 340 Cleverdale Road in the Town of Queensbury and bearing Tax Map No.:
such approval to be contingent upon the submission of:
226.12-1-71,
1.letters of approval from Wayne County, Onondaga County and the Irish Bay letter that
was reviewed by the Adirondack Park Agency;
2.a drawing showing an additional, available fifty-percent (50%) reserve area; and
3.a maintenance contract to be on file with the Town of Queensbury.
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Duly adopted this 10 day of September, 2007, by the following vote:
AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES: None
ABSENT: None