1.3
1.3
WASTEWATER-SEWER\\APPROVE\\ Rubrecht - Holding Tank System and Setbacks – In APA - 10-4-2021
RESOLUTION APPROVING ROGER AND JOYCE RUBRECHT’S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: ___________________________________________________, 2021
INTRODUCED BY: ___________________________________________________
WHO MOVED ITS ADOPTION
SECONDED BY: ___________________________________________________
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, §136-11
which requires applicants to obtain a variance for holding tanks as the Applicants wish to install a
holding tank system consisting of two (2) holding tanks one with a capacity of 2,000 gallons and one
with a capacity of 1,500 gallons, thus meeting the required total capacity of 3,500 gallons, and
WHEREAS, the Applicants have also applied for additional variances from Chapter 136 to
allow placement of the holding tank(s) 33’ and 34’ from a neighboring well in lieu of the required 50’
setback(s) on property located at 33 Honeysuckle Lane 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
th
variance requests on Monday, October 4, 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 allow installation of a holding
tank system consisting of two (2) holding tanks one with a capacity of 2,000 gallons and one with a
capacity of 1,500 gallons, thus meeting the required total capacity of 3,500 gallons with placement of
the holding tank(s) to be located 33’ and 34’ from a neighboring well in lieu of the required 50’
setback(s) on property located at 33 Honeysuckle Lane in the Town of Queensbury and bearing Tax
Map No: 226.19-1-52, 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.
.
th
Duly adopted this 4 day of October, 2021, by the following vote:
AYES :
NOES :
ABSENT: