BOH43.2003
RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE
APPLICATION OF MARTIN DION
RESOLUTION NO.: BOH 43, 2003
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Martin Dion 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:
1.placement of the disposal system ninety-two feet (92’) from the well in lieu of the
required one-hundred feet (100’) setback; and
2.twenty-six inches (26”) of usable soil above bedrock in lieu of the required three feet
(3’) of usable soil above bedrock;
on property located at 131 Seelye 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 public hearings concerning the variance
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request on December 1 and December 15, 2003, and
WHEREAS, the Town Clerk advised that property owners within 500 feet of the subject
property were duly notified, and
WHEREAS, the Town Board directed the Executive Director of Community Development to
send this application to either the Town’s engineer or the Lake George Park Commission’s engineer
for review on behalf of the Town of Queensbury, and
WHEREAS, such engineer has completed its review and has made its recommendation at this
Town Board meeting,
NOW, THEREFORE, BE IT
RESOLVED,
a) that 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 to other adjoining
properties or otherwise conflict with the purpose and objectives of any plan or policy of the
Town of Queensbury; and
b) that the Local Board of Health finds that the granting of the variances is necessary for the
reasonable use of the land and that the variances granted 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 Town of Queensbury Local Board of Health hereby approves the
application of Martin Dion for variances from the Sewage Disposal Ordinance to allow:
1.placement of the disposal system ninety-two feet (92’) from the well in lieu of the required
one-hundred feet (100’) setback; and
2.twenty-six inches (26”) of usable soil above bedrock in lieu of the required three feet (3’)
of usable soil above bedrock;
conditioned upon providing drainage swales around the north and south sides of the new absorption
field to maintain storm water runoff on the applicant’s property, percolation test to be performed by the
applicant’s engineer and reviewed by the Town Engineer, concerning property located at 131 Seelye
Road in the Town of Queensbury and bearing Tax Map No.: 227.17-1-54.
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Duly adopted this 15 day of December, 2003 by the following vote:
AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor
NOES: None
ABSENT:None