BOH48.98
RESOLUTION REVERSING DETERMINATION OF
DIRECTOR OF BUILDING AND CODE ENFORCEMENT CONCERNING
APPEAL BY JOHN AND KATHLEEN SALVADOR
RESOLUTION NO.: 48.98
INTRODUCED BY: Mr. Douglas Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Pliney Tucker
WHEREAS, John and Kathleen Salvador applied to the Town of Queensbury Local Board of
Health for a variance from Chapter 136, Appendix A of the Town’s On-Site Sewage Disposal
Ordinance, such application requesting that the applicants be allowed to have a holding tank on
property located at 2999 State Route 9L, Queensbury and bearing Tax Map No.: 4-1-11, and
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WHEREAS, by letter dated August 5, 1998, the Town of Queensbury Director of Building
and Code Enforcement determined that the Salvadors’ property did not qualify for the variance, and
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WHEREAS, the Salvadors appealed this determination by letter dated August 27, 1998, and
WHEREAS, the Queensbury Town Clerk has advised that a notice of public hearing was
published in the Post-Star and sent to all property owners located within 500 feet of the Salvadors’
property, and
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WHEREAS, a public hearing was held on October 5, 1998 concerning the Salvadors’ appeal
to allow consideration of a holding tank,
NOW, THEREFORE, BE IT
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RESOLVED, that the Town of Queensbury Local Board of Health hereby reverses the
determination made by the Town of Queensbury Director of Building and Code Enforcement that the
Salvador property located at 2999 State Route 9L, Queensbury and bearing Tax Map No.: 4-1-11
does not qualify for consideration of a variance to allow a holding tank, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health’s basis for this reversal is as follows: the
proposed structure does not appear to be an “individual household” as defined in New York State
Department of Health regulations as it does not include any cooking or bathing facilities, as stated in a
letter from Brian Fear of the New York State Department of Health dated September 2, 1998.
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Duly adopted this 5 day of October, 1998, by the following vote:
AYES : Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne
NOES : None
ABSENT:None
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