BOH 25.2020 Approving Septic Variance - William Smith
RESOLUTION APPROVING WILLIAM SMITH’S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 25, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, William Smith (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 system with certain of its components to be located as follows:
1. Absorption field to be 1’ from the west property line instead of the required 10’
setback;
2. Absorption field to be 1’ from the north property line instead of the required 10’
setback;
3. Absorption field to be 65’ from the west neighboring well line instead of the required
100’ setback;
4. Absorption field to be 94’ from the south neighboring well line instead of the required
100’ setback;
5. Absorption field to be 56’ from the onsite well line instead of the required 100’
setback;
6. Treatment Tank to be 7’ from the dwelling instead of the required 10’ setback; and
7. Treatment Tank to be 36’ from the onsite well instead of the required 50’ setback;
on property located at 13 Chestnut 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
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variance requests on Monday, April 20, 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
Applicant; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of William Smith
for variances from the Sewage Disposal Ordinance to install a replacement septic system to install a
replacement wastewater system with certain of its components to be located as follows:
1. Absorption field to be 1’ from the west property line instead of the required 10’
setback;
2. Absorption field to be 1’ from the north property line instead of the required 10’
setback;
3. Absorption field to be 65’ from the west neighboring well line instead of the required
100’ setback;
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4. Absorption field to be 94’ from the south neighboring well line instead of the required
100’ setback;
5. Absorption field to be 56’ from the onsite well line instead of the required 100’
setback;
6. Treatment Tank to be 7’ from the dwelling instead of the required 10’ setback; and
7. Treatment Tank to be 36’ from the onsite well instead of the required 50’ setback;
on property located at 13 Chestnut Road in the Town of Queensbury and bearing Tax Map No:
289.13-1-11.
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Duly adopted this 20 day of April, 2020, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
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