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WASTEWATER-SEWER\\APPROVE\\Kennedy James – Replacement - Absorption Field and ETU and Pump Station to Well – 11-1-2021
RESOLUTION APPROVING JAMES KENNEDY’S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: ___________________________________________________, 2021
INTRODUCED BY: ___________________________________________________
WHO MOVED ITS ADOPTION
SECONDED BY: ___________________________________________________
WHEREAS, James Kennedy (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 treatment system with components of it proposed to be located as follows:
1. Enhanced Treatment Unit (ETU) Effluent Absorption Field to be 54’ from the well
instead of the required 100’ setback;
2. ETU to be 40’ from the well instead of the required 50’ setback; and
3. Pump Station to be 40’ from the well instead of the required 50’ setback;
on property located at 34 Nacy 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
st
variance requests on November 1, 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 James
Kennedy for variances from the Sewage Disposal Ordinance to install a replacement wastewater
treatment system with components of it to be located as follows:
1. Enhanced Treatment Unit (ETU) Effluent Absorption Field to be 54’ from the well
instead of the required 100’ setback;
2. ETU to be 40’ from the well instead of the required 50’ setback; and
3. Pump Station to be 40’ from the well instead of the required 50’ setback;
on property located at 34 Nacy Road in the Town of Queensbury and bearing Tax Map No: 289.6-1-
20.
st
Duly adopted this 1 day of November, 2021, by the following vote:
AYES :
NOES :
ABSENT: