BOH01.2003
RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE
APPLICATION OF CLYDE AND SHIRLEY SMITH
BOARD OF HEALTH RESOLUTION NO.: 1, 2003
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, Clyde and Shirley Smith have filed an application for a variance from a provision
of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the
Local Board of Health allow a replacement leach field to be located 85’ from their well in lieu of the
required 100’ setback on their property located at 42 Jenkinsville Road, 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
th
request on January 6, 2003, 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 will 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 applicants; and
BE IT FURTHER,
RESOLVED, that the Town of Queensbury Local Board of Health hereby approves Clyde and
Shirley Smith’s application for a variance from the Sewage Disposal Ordinance to locate a replacement
leach field 85’ from their well in lieu of the required 100’ setback on property located at 42 Jenkinsville
Road, Queensbury and bearing Tax Map No.: 279-19.1-21.
th
Duly adopted this 6 day of January, 2003 by the following vote:
AYES : Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES : None
ABSENT: None