BOH 007.2021 Approve Roger & Joyce Rubrecht Sewer Variance
RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL
VARIANCES OF ROGER AND JOYCE RUBRECHT
RESOLUTION NO.: BOH 7, 2021
INTRODUCED BY: Mr. Tim McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, Roger and Joyce Rubrecht (Applicants) filed an application for variances from
provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a:
1. Absorption field 54’ from a neighboring well in lieu of the required 100’ setback;
2. Absorption field 37’ from the onsite well in lieu of the required 100’ setback;
3. Tank 38’ from a neighboring well in lieu of the required 50’ setback;
4. Pump tank 28’ from a neighboring well in lieu of the required 50’ setback;
5. Force main/pump tank 5’ from the property line in lieu of the required 10’ setback;
6. Absorption field 4’ from the west property line in lieu of the required 10’ setback;
7. Absorption field 6’ from the south property line in lieu of the required 10’ setback;
8. Absorption field 5’ from the dwelling in lieu of the required 20’ setback;
on property located at 33 Honeysuckle Lane Road 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 duly conducted a public hearing concerning the
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variance requests on Monday, February 8, 2021, 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, the Local Board of Health determines 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 Roger and
Joyce Rubrecht for variances from the Sewage Disposal Ordinance to install a:
1. Absorption field 54’ from a neighboring well in lieu of the required 100’ setback;
2. Absorption field 37’ from the onsite well in lieu of the required 100’ setback;
3. Tank 38’ from a neighboring well in lieu of the required 50’ setback;
4. Pump tank 28’ from a neighboring well in lieu of the required 50’ setback;
5. Force main/pump tank 5’ from the property line in lieu of the required 10’ setback;
6. Absorption field 4’ from the west property line in lieu of the required 10’ setback;
7. Absorption field 6’ from the south property line in lieu of the required 10’ setback;
8. Absorption field 5’ from the dwelling in lieu of the required 20’ setback;
on property located at 33 Honeysuckle Lane Road in the Town of Queensbury and bearing Tax Map
No: 226.19-1-52, and
BE IT FURTHER,
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RESOLVED, that this approval is for use of the property for a three-bedroom residence only
and is so conditioned, and
BE IT FURTHER,
RESOLVED, that this approval is also conditioned on assessment classification of the
residence being changed from four bedroom to three bedroom, 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 8 day of February, 2021, by the following vote:
AYES : Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES : None
ABSENT: None
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