BOH 056.2021 Approve Mary E. Sheehan's Ireev. Trust App Sewer Variance
RESOLUTION APPROVING MARY E. SHEEHAN IRREV. TRUST’S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 56, 2021
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Mary E. Sheehan Irrev. Trust (Applicant) 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 Applicant wishes to replace a
wastewater system by installing a holding tank system consisting of three (3) holding tanks each with a
capacity of 1,500 gallons for a total capacity of 4,500 gallons, thus meeting or exceeding the required
total capacity of 3,000 gallons, and
WHEREAS, the Applicant has also applied for additional variances from Chapter 136 to allow
placement of the holding tanks:
1. 4’ from the existing home in lieu of the required 10’ setback;
2. 5’ from the south property line in lieu of the required 10’ setback; and
3. 4’8” from the west property line in lieu of the required 10’ setback;
on property located at 80 Rockhurst 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, September 27, 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
Applicant; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of the Mary E.
Sheehan Irrev. Trust for variances from the Sewage Disposal Ordinance to allow installation of a
holding tank system consisting of three (3) holding tanks each with a capacity of 1,500 gallons for a
total capacity of 4,500 gallons, thus meeting or exceeding the required total capacity of 3,000 gallons
and placement of the holding tanks:
1. 4’ from the existing home in lieu of the required 10’ setback;
2. 5’ from the south property line in lieu of the required 10’ setback; and
3. 4’8” from the west property line in lieu of the required 10’ setback;
on property located at 80 Rockhurst Road in the Town of Queensbury and bearing Tax Map No:
227.13-2-42, 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 27 day of September, 2021, by the following vote:
AYES : Mr. Ferone, Mr. McNulty, Mr. Metivier, Mr. Freer
NOES : None
ABSENT: Mr. Strough