BOH 37.2005
RESOLUTION APPROVING RICHARD AND CYNTHIA SMITH’S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 37, 2005
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, Richard and Cynthia Smith filed an application for variances from provisions of
the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement
septic system:
1.2.5’ from the west property line instead of the required 10’ setback;
2.1’ from the south property line instead of the required 10’ setback;
3.7.2’ from the basement instead of the required 20’ setback; and
4.99’ from Lake George instead of the required 100’ setback;
on property located at 112 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
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requests on December 19, 2005, and
WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners
within 500 feet of the subject property, and
WHEREAS, in accordance with Town Code §136-20(E), if the Town’s Local Board of Health
refers an application to a qualified consultant, the costs of such consultant shall be paid to the Town by
the applicant before any variance shall be effective,
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 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 Richard and
Cynthia Smith for variances from the Sewage Disposal Ordinance to install a replacement septic
system:
1.2.5’ from the west property line instead of the required 10’ setback;
2.1’ from the south property line instead of the required 10’ setback;
3.7.2’ from the basement instead of the required 20’ setback; and
4.99’ from Lake George instead of the required 100’ setback;
on property located at 112 Rockhurst Road in the Town of Queensbury and bearing Tax Map No.:
227.09-1-10, and
BE IT FURTHER,
RESOLVED, that such application is approved and variance approvals shall not be effective
until Richard and Cynthia Smith pay to the Town any costs incurred in accordance with Queensbury
Town Code §136-20, and
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BE IT FURTHER,
RESOLVED, that such variances are conditioned upon:
1.the Town’s employees shall inspection the excavation and removal of prior septic
system; and
2.James Edwards of C. T. Male Associates, P.C. send a follow-up letter to his December
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19, 2005 letter to the Town’s Director of Building and Codes Enforcement
confirming the sizing of the system and whether or not the system must be capped.
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Duly adopted this 19 day of December, 2005, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner
NOES: None
ABSENT:None
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