BOH09.2004
RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE
APPLICATION OF PATRICK CURTIN
BOARD OF HEALTH RESOLUTION NO.: 9, 2004
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, Patrick Curtin filed an application for variances from provisions of the Town of
Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of
Health allow installation of an absorption field ninety two feet (92’) from Lake George instead of the
required one-hundred feet (100’) setback and three feet (3’) from the house foundation instead of the
required twenty feet (20’) setback on property located at 227 Assembly Point Road, Queensbury, and
WHEREAS, since filing his original variance application, Mr. Curtin has withdrawn his
application for relief from the lake setback requirement and therefore seeks only a variance for the
dwelling setback as listed above, 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
th
request on April 19, 2004, and
WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject
property have been duly notified,
NOW, THEREFORE, BE IT
RESOLVED, that
a) due to the nature of the variance, it is felt that the variance would not be materially
detrimental to the purposes and objectives of this Ordinance or to other adjoining
properties or otherwise conflict with the purpose and objectives of any plan or policy of the
Town of Queensbury; and
b) the Local Board of Health finds that the granting of the variance is necessary for the
reasonable use of the land and that the variance granted is the minimum variance 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 Town of Queensbury Local Board of Health hereby approves Patrick
Curtin’s application for a variance from the Sewage Disposal Ordinance to locate an absorption field
three feet (3’) from the house foundation instead of the required twenty feet (20’) setback on property
located at 227 Assembly Point Road, Queensbury and bearing Tax Map No.: 226.19-2-22, contingent
upon the applicant installing on the exterior northern wall of the house foundation a rubberized
waterproofing to the satisfaction of the Town of Queensbury Director of Building and Codes.
th
Duly adopted this 19 day of April, 2004 by the following vote:
AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None