BOH 4, 2019 . j
RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL
VARIANCES FOR THOMAS KUBRICKY
RESOLUTION NO.: BOH 4,2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
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 requests on Monday, February 11th, 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;
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1-.'11
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 i r:.-
notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park Agency during such period.
Duly adopted this 11th day of February, 2019, by the following vote:
AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
I,Rose Mellon, Deputy Town Clerk of the Town of Queensbury,Warren County,
New York,do hereby certify that I have compared the foregoing with the
original resolution as listed above adopted at a e j u l q/ meeting
of the Town Board of the Town of Queensbury held on the i i-h, day of
b✓✓a Al 20 i't at which a quorum was present and that the
same is a correctlfanscript therefrom and of the whole original thereof
to date,
IN WITNESS THEREOF,I have hereto set my hand and the SEAL of said Town
of Queensbury,this I -h,day of p eV J ,20 i Y
SEAL SIGNED: `' 1"4 'k.L k
Rose Mellon
Deputy Town Clerk
Town of Queensbury
•
RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL
VARIANCES FOR THOMAS KUBRICKY
RESOLUTION NO.: BOH 4,2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
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 requests on Monday, February 11 th, 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;
0
-
•
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.
Duly adopted this 11th day of February, 2019, by the following vote:
AYES: Mrs, Atherden, Mr. Ferone, Mrs, Switzer, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
I,Rose Mellon,Deputy Town Clerk of the Town of Queensbury,Warren County,
New York,do hereby certify that I have compared/4e foregoing with the
original resolution as listed above adopted at a ey'J i g"' meeting
of the Town Board of the Town of Queensbury held on the i i-fs, day of
Cc, b✓V a A4 20 i at which a quorum was present and that the
same Is a correcttfanscript therefrom and of the whole original thereof
to date,
IN WITNESS THEREOF,I have hereto set my hand and the SEAL of said Town
of Queensbury,this i a n,day of 1=t- ID v V J 20
SEAL SIGNED: `' ' A.
Rose Mellon
Deputy Town Clerk
Town of Queensbury