002.BOH2009
RESOLUTION APPROVING JUDY NACUA’S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCE
RESOLUTION NO.: BOH 2, 2009
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Judy Nacua filed an application for a variance from provisions of the Town of
Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement septic system 3’
from the property line instead of the required 10’ setback on property located at 8 Phillips Avenue 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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request on Monday, January 5, 2009, and
WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners
within 500 feet of the subject property,
NOW, THEREFORE, BE IT
RESOLVED, that
1.due to the nature of the variance, the Local Board of Health determines that the
variance 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 variance is necessary for the
reasonable use of the land and 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 Local Board of Health hereby approves Judy Nacua’s application for a
variance from the Sewage Disposal Ordinance to install a replacement septic system approximately 3’
from the property line instead of the required 10’ setback on property located at 8 Phillips Avenue in
the Town of Queensbury and bearing Tax Map No.: 303.20-1-30.
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Duly adopted this 5 day of January, 2009, by the following vote:
AYES: Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES: None
ABSENT: Mr. Brewer
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