BOH58.2001
RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE
APPLICATION OF RAYMOND AND BEVERLY LOCKHART
BOARD OF HEALTH RESOLUTION NO.: 58, 2001
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, Raymond and Beverly Lockhart previously filed an application for three (3)
variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance as follows:
1. Section 136-11(B) of the Town Code requires applicants to obtain a variance for all
holding tanks and the applicants have requested a variance to allow a holding tank;
2. The applicants have requested a variance to locate the proposed holding tank 26’ from the
well rather than the required 50’ setback; and
3. The applicants have requested a variance to locate the proposed holding tank 8’ from the
property line rather than the required 10’ setback;
concerning their property located at 95 Birdsall 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
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requests on December 3, 2001, 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 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 are 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 Raymond and
Beverly Lockhart for three (3) variances from the Sewage Disposal Ordinance to allow
1. Mr. and Mrs. Lockhart to have a holding tank;
2. Mr. and Mrs. Lockhart to locate the holding tank 26’ from the well rather than the required
50’ setback;
3. Mr. and Mrs. Lockhart to locate the holding tank 8’ from the property line rather than the
required 10’ setback;
on property situated at 95 Birdsall Road in the Town of Queensbury and bearing Tax Map No.:
289.17-1-34.
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Duly adopted this 3 day of December, 2001, by the following vote:
AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES : None
ABSENT: Mr. Martin