342.2008
RESOLUTION REINSTATING LOCAL BOARD OF HEALTH
RESOLUTION NO.: BOH 1,2005 APPROVING SEWAGE DISPOSAL
VARIANCE APPLICATION OF STEVE AND DEBBY SEABOYER
RESOLUTION NO.: 342, 2008
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, by Resolution No.: BOH 1, 2005, the Town of Queensbury Local Board of
Health approved Steve and Debby Seaboyer’s application for variances from the Sewage Disposal
Ordinance to allow installation of:
1.an absorption field 90’ from Lake George instead of the required 100’ setback;
2.an absorption field 2.35’ from their property line instead of the required 10’ setback;
and
3.a multi-flow unit 4’ from the structure instead of the required 10’ setback;
on property located at 83 Rockhurst Road in the Town of Queensbury (Tax Map No.: 227.13-2-36),
and
WHEREAS, thereafter it appeared to the Queensbury Local Board of Health that the
Seaboyers did not intend to rebuild and renovate the existing structure but instead intended to tear
down the existing structure and rebuild a new, substantially larger structure, and
WHEREAS, based upon new information, it was determined that the building permit issued for
the property was in error, requiring additional permits for the project, and
WHEREAS, in light of these developments, by Resolution No.: 440, 2006, the Queensbury
Town Board revoked the approval granted in Resolution No.: BOH 1, 2005 and directed the Director
of Building and Codes Enforcement to revoke the Building Permit for the property until such time as
all necessary variances were granted, and
WHEREAS, the applicants provided additional documentation to the Queensbury Planning
Board demonstrating that they proposed a partial demolition and rebuild of approximately 2300 square
feet, and
WHEREAS, the Queensbury Planning Board advertised and duly held public hearings on
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August 22, 2006, September 26, 2006 and March 18, 2008, and
WHEREAS, the Queensbury Planning Board accepted the New York State Department of
Health approval for the septic system and, with certain conditions unrelated to the septic system,
approved the site plan application for the property, and
WHEREAS, the final, approved plan demonstrates that applicants raised up the house, poured
a new foundation and renovated the interior but did not tear down the original building and rebuild or
create a substantially larger home as was believed to be the case in 2006, and
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WHEREAS, the Town Board has reviewed the October 20, 2006 Letter of Approval and
Specific Waiver Approval obtained from the New York State Department of Health (NYS DOH)
which waiver is substantially the same as the waiver initially granted by the Local Board of Health by
Resolution No.: BOH 1, 2005, and
WHEREAS, by letter dated July 2, 2008, Nace Engineering, PC opined that the final plans
approved by the Planning Board and NYS DOH enhance the original design approved by the
Queensbury Local Board of Health and provide additional protection to the waters of Lake
George, and
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WHEREAS, the Town’s Director of Building and Codes Enforcement is satisfied that the
final design, with enhancements as addressed by the Engineer, is substantially consistent with the
plans as approved in 2005,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby revokes Resolution No.: 440,2006
and reinstates Local Board of Health Resolution No.: BOH 1, 2005, thereby renewing the variance
applications granted to Steve and Debby Seaboyer.
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Duly adopted this 7 day of July, 2008 by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES : None
ABSENT: None
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