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WASTEWATER -SEWER\\ APPROVE.VAR\\Shirvell-Holding Tanks–APA Language -3-8-2021
RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL
VARIANCES FOR LINDA AND RAYMOND SHIRVELL
RESOLUTION NO.: __________________________________________________, 2021
INTRODUCED BY: __________________________________________________
WHO MOVED ITS ADOPTION
SECONDED BY: ___________________________________________________
WHEREAS, Linda and Raymond Shirvell (Applicants) applied to the Local Board of Health
for a variance from Chapter 136, §136-11 which requires applicants to obtain a variance for holding
tanks, as the Applicants wish to install two (2) 1,750 gallon capacity holding tanks for a total capacity
of 3,500 gallons in lieu of a sewage disposal system on a vacant lot for construction of a new single
family dwelling on property situated at 31 Assembly Point 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 conducted a public hearing concerning the variance
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requests on Monday, March 8, 2021, and
WHEREAS, the Town Clerk’s Office 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, it is felt 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
Applicants; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Linda and
Raymond Shirvell (Applicants) for a variance from the Sewage Disposal Ordinance to allow installation
of two (2) 1,750 gallon capacity holding tanks for a total capacity of 3,500 gallons in lieu of a sewage
disposal system on a vacant lot for construction of a new single family dwelling on property situated at
31 Assembly Point Road in the Town of Queensbury and bearing Tax Map No.: 239.12-2-9, 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 any lawful action by the Adirondack Park
Agency during such period.
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Duly adopted this 8 day of March, 2021, by the following vote:
AYES :
NOES :
ABSENT: