BOH27.99
RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL
VARIANCES FOR FRANCIS KOENIG
RESOLUTION NO.: 27.99
INTRODUCED BY: Mr. Richard Merrill
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, Francis Koenig previously filed an application for five (5) variances from
provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance as follows:
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1. 136-11(B) of the Town Code requires an applicant to obtain a variance for all holding
tanks and Mr. Koenig has requested a variance to allow a holding tank;
2. Mr. Koenig has requested a variance to locate the proposed holding tank thirty feet (30’)
from the well in lieu of the required fifty feet (50’) setback;
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3. Although Mr. Koenig proposes to install the holding tank below grade as required by 136-
11(B)(18), a variance is requested as the grade will be less than the required fifty feet (50’)
distance from the radius of the holding tank due to rock ledges;
4. Mr. Koenig has requested a variance to locate the proposed holding tank ten feet (10’)
from a stream in lieu of the required fifty feet (50’) setback;
5. Mr. Koenig has requested a variance to locate the well two feet (2’) from the property line
in lieu of the required fifteen feet (15’) setback set forth in Appendix C of Chapter 136;
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 June 7, 1999, 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,
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 Francis Koenig for five (5) variances from the Sewage Disposal Ordinance to allow
1. Mr. Koenig to have a holding tank;
2. Mr. Koenig to locate the holding tank thirty feet (30’) from the well in lieu of the required
fifty feet (50’) setback;
3. Mr. Koenig to install the holding tank less than the required fifty feet (50’) distance from
the radius of the holding tank due to rock ledges;
4. Mr. Koenig to locate the holding tank ten feet (10’) from a stream in lieu of the required
fifty feet (50’) setback;
5. Mr. Koenig to locate the well two feet (2’) from the property line in lieu of the required
fifteen feet (15’) setback set forth in Appendix C of Chapter 136;
on property situated on Hanneford Road, Queensbury and bearing Tax Map No.: 19-1-13. And
BE IT FURTHER
RESOLVED, that as a condition of this approval the residence shall only be utilized as a Seasonal
Camp and not for year round occupancy.
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Duly adopted this 7 day of June, 1999, by the following vote:
AYES : Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne
NOES : None
ABSENT: None