BOH 13.2020 Approve William & Kathy Bosy Sewer Variance
RESOLUTION APPROVING WILLIAM AND KATHY BOSY’S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 13, 2020
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health (BOH)
and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage
Disposal Ordinance, and
WHEREAS, William and Kathy Bosy (Applicants) previously applied for and obtained BOH
approval (Resolution No.: BOH 52,2019) for certain variances from Chapter 136 to install a
replacement wastewater system on their property located at 53 Assembly Point Road in the Town of
Queensbury, and
WHEREAS, following a pre-installation walkthrough of the project location, it was discovered
that the location of the existing septic and pump tanks is too close to the structure and therefore, the
Applicants have applied for modifications of the variances previously authorized by Resolution No.:
BOH 52,2019 as follows:
1. Septic tank to be 2’6” from the property line instead of the required 10’ setback;
2. Septic tank to be 9’ and 11’ from the future foundation instead of the required 10’
setback;
3. Pump chamber to be 2’6” from the property line instead of the required 10’ setback;
4. Pump chamber to be 9’ from the future foundation instead of the required 10’ setback;
5. Pump line to be 4’10” from the property line instead of the required 10’ setback; and
6. Edge of stone for the pressure bed to be 4’ instead of the required 10’ setback;
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, February 10, 2020, 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
Applicants; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of William and
Kathy Bosy for variances from the Sewage Disposal Ordinance to install a replacement wastewater
treatment system as follows:
1. Septic tank to be 2’6” from the property line instead of the required 10’ setback;
2. Septic tank to be 9’ and 11’ from the future foundation instead of the required 10’
setback;
3. Pump chamber to be 2’6” from the property line instead of the required 10’ setback;
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4. Pump chamber to be 9’ from the future foundation instead of the required 10’ setback;
5. Pump line to be 4’10” from the property line instead of the required 10’ setback; and
6. Edge of stone for the pressure bed to be 4’ instead of the required 10’ setback;
on property located at 53 Assembly Point Road in the Town of Queensbury and bearing Tax Map No:
239.12-2-16 contingent upon the homeowner complying with the sewage disposal system notes
provided by the Applicant as detailed on the Site Plan and Septic Design Notes, 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 10 day of February, 2020, by the following vote:
AYES: Mr. Strough, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: Mrs. Switzer
ABSTAIN:Mr. Metivier
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