BOH 30.2018 Approving Peter & Karen Bogert's Septic Variances RESOLUTION APPROVING PETER AND KAREN BOGERT'S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 30,2018
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, Peter and Karen Bogert (Applicants) 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 as follows:
1. Absorption field to be 12' from the house instead of the required 20' setback;
2. Absorption field to be 71.8' from the northerly neighboring well line instead of the
required 100' setback;
3. Absorption field to be 90' from the lake instead of the required 100' setback;
4. Absorption field to be 2' from the southerly property line instead of the required 10'
setback;
5. Clarus and pump station to be 3' from the house instead of the required 10' setback;
6. Clarus and pump station to be 4.5' from the north property line instead of the required
10' setback; and
7. Effluent sewer line to be 3' from the northerly property line instead of the 10' required;
on property located at 133 Seelye 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
variance requests on Monday, October 15'', 2018, 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
Applicants; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Peter and
Karen Bogert for variances from the Sewage Disposal Ordinance to install a replacement wastewater
treatment system as follows:
1. Absorption field to be 12' from the house instead of the required 20' setback;
2. Absorption field to be 71.8' from the northerly neighboring well line instead of the
required 100' setback;
3. Absorption field to be 90' from the lake instead of the required 100' setback;
4. Absorption field to be 2' from the southerly property line instead of the required 10'
setback;
5. Clarus and pump station to be 3' from the house instead of the required 10' setback;
6. Clarus and pump station to be 4.5' from the north property line instead of the required
10' setback; and
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7. Effluent sewer line to be 3' from the northerly property line instead of the 10' required;
on property located at 133 Seelye Road in the Town of Queensbury and bearing Tax Map No:
227.17-1-55, 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 any lawful action by the Adirondack Park
Agency during such period.
Duly adopted this 15ffi day of October, 2018,by the following vote:
AYES: Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone
NOES: None
ABSENT: None
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