BOH 078.2022 Approving Gordon Dineen Sewer Variarance RESOLUTION APPROVING GORDON DINEEN'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 78,2022
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, Gordon Dineen (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 a holding tank system as the Applicant wishes to install a holding
tank system consisting of two (2) 1,250 gallon capacity precast concrete holding tanks for a total
capacity of 2,500 gallons in lieu of the required total capacity of 3,500 gallons, and
WHEREAS, the Applicant has also applied for additional variances from Chapter 136 to allow
placement of the holding tank system:
1. 5' from the east property line instead of the required 10' setback;
2. 4' from the north property line instead of the required 10' setback;
3. 20' from the neighboring well instead of the required 50' setback;
4. 2'5" between the sewer force main and the south property line instead of the required
10' setback; and
5. 8' from the owner's well instead of the required 50' setback;
on property located at 51 Fitzgerald 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 public hearings concerning the
variance requests on September 26d'and October 3rd, 2022, 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 Gordon
Dineen for variances from the Sewage Disposal Ordinance to allow installation of a holding tank
system consisting of two (2) 1,250 gallon capacity precast concrete holding tanks for a total capacity of
2,500 gallons in lieu of the required total capacity of 3,500 gallons and allow placement of the holding
tank system:
1. 5' from the east property line instead of the required 10' setback;
2. 4' from the north property line instead of the required 10' setback;
3. 20' from the neighboring well instead of the required 50' setback;
4. 2'5" between the sewer force main and the south property line instead of the required
10' setback; and
5. 8' from the owner's well instead of the required 50' setback;
on property located at 51 Fitzgerald Road in the Town of Queensbury, and bearing Tax Map No:
289.14-1-2.
Duly adopted this 3rd day of October, 2022,by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None