BOH 54.2020 Approving Septic Variance- Roberta Kahan
RESOLUTION APPROVING ROBERTA KAHAN’S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 54, 2020
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Roberta Kahan (Applicant) filed an application for variances from provisions of
the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement
wastewater system on property located at 61 Knox Road in the Town of Queensbury with certain of its
components to be located as follows:
1. Absorption field to be 2’ from the southside property line instead of the required 10’
setback;
2. Force main piping to be 5’ from the northside property line instead of the required 10’
setback;
3. Effluent line piping to be 5’ from the northside property line instead of the required 10’
setback; and
4. Septic tank to be 3’ from the northside property line instead of the required 10’
setback; and
WHEREAS, by letter dated November 5, 2020, the Applicant submitted a revised variance
plan which would eliminate the three previously requested variances for setback relief to the northside
property line, leaving only the one variance request for setback relief for the absorption field to be
located 2’ from the southside property line instead of the required 10’ setback, and
WHEREAS, the Town Clerk’s Office published a Notice of Public Hearing in the Town’s
official newspaper and the Local Board of Health duly conducted public hearings concerning the
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request on Monday, November 2 and Monday, November 16, 2020, 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 the application of Roberta
Kahan for a variance from the Sewage Disposal Ordinance to install a replacement wastewater system
with its absorption field to be located 2’ from the southside property line instead of the required 10’
setback on property located at 61 Knox Road in the Town of Queensbury and bearing Tax Map No:
239.7-1-12, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by
certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and
BE IT FURTHER,
RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice
to the Adirondack Park Agency and shall be subject to review by the Adirondack Park Agency during
such period.
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Duly adopted this 16 day of November, 2020, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: Mrs. Magee