BOH 017.2012 SWR VAR DIBELLA RESOLUTION APPROVING ANTHONY DIBELLA'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: 17, 2012 BOH
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Anthony DiBella filed an application for variances from provisions of the Town
of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to allow an absorption field to be
located:
1. 1' from the westerly property line in lieu of the required 10' setback; and
2. 3' from the northerly property line in lieu of the required 10' setback;
on property located at 88 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 conducted a public hearing concerning the variance
requests on Monday,August 6t',2012, 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 is 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 Anthony DiBella's application
for variances from the Sewage Disposal Ordinance to allow the absorption field to be located:
I. 1' from the westerly property line in lieu of the required 10' setback; and
2. 3' from the northerly property line in lieu of the required 10' setback;
on property located at 88 Rockhurst Road in the Town of Queensbury, and bearing Tax Map No.:
227.13-2-40, provided that the applicant will provide the town with a corrected map and that all water
fixtures shall be low-flow fixtures prior to use of the new sanitary sewage disposal system.
Duly adopted this 6t'day of August, 2012,by the following vote:
AYES : Mr.Metivier,Mr. Strough,Mr. Brewer,Mr. Stec
NOES : None
ABSENT: Mr. Montesi
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