028.2007 BOH
RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL
VARIANCE FOR RICHARD AND KAREN MASSER
RESOLUTION NO.: BOH 28, 2007
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Richard and Karen Masser applied to the Local Board of Health for a variance
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from Chapter 136, 136-11, which requires an applicant to obtain a variance for a holding tank and the
applicants wish to install a 3,000 gallon holding tank on property located at 8 Gunn Lane, Cleverdale 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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request on Monday, November 19, 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 variance, the Local Board of Health finds that the variance will 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 is the minimum variance 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 Richard and
Karen Masser for a variance from the Sewage Disposal Ordinance to allow installation of a 3,000
gallon holding tank on property situated at 8 Gunn Lane, Cleverdale in the Town of Queensbury
bearing Tax Map No.: 227.13-2-3 contingent upon:
1.the dwelling to remain a seasonal structure;
2.the holding tank’s first alarm to go off at 50%;
3.the holding tank’s second alarm to go off at 80% capacity; and
4.the holding tank’s shut off to occur at 90% capacity.
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Duly adopted this 19 day of November, 2007, by the following vote:
AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES: None
ABSENT: None