BOH 58.2020 Approve Sewer Variance Dave Barlow
RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL
VARIANCES FOR DAVE BARLOW
RESOLUTION NO.: BOH 58, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, Dave Barlow (Applicant) applied to the Local Board of Health for a variance
from Chapter 136, §136-11 which requires applicants to obtain a variance for holding tanks, as the
Applicant wishes to install two (2) 1500 gallon capacity holding tanks, thus meeting the required total
capacity of 3,000 gallons, with the holding tanks to be located 4’ from the structure in lieu of the
required 10’ setback on property located at 18 Ward Lane 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
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requests on Monday, December 7, 2020, and
WHEREAS, the Town Clerk’s Office advised that it duly notified all property owners within
500 feet of the subject property, and
WHEREAS, Town Code Chapter 137 Article I “Septic Inspection Upon Property
Transfer” requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the sale
of certain real property, and
WHEREAS, a change of deed for the Applicant’s property occurred on June 17, 2020 and
when the required property transfer septic inspection took place, it was found that the existing
wastewater system was deficient but the proposed holding tank wastewater system was not able
to be completed within the required six (6) month time period, and
WHEREAS, the Applicant accordingly applied for a timeline extension or until June 8, 2021
to install the holding tank system and the Director of Building and Codes Enforcement recommends
that the Town Board grant such extension,
NOW, THEREFORE, BE IT
RESOLVED, that:
1. due to the nature of the variances, it is felt 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 Dave Barlow
(Applicant) for variances from the Sewage Disposal Ordinance to allow installation of two (2) 1500
gallon capacity holding tanks, thus meeting the required total capacity of 3,000 gallons, with the
holding tanks to be located 4’ from the structure in lieu of the required 10’ setback, on property
located at 18 Ward Lane in the Town of Queensbury and bearing Tax Map No.: 240.6-1-7, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby authorizes and grants the Applicant
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additional time or until June 8, 2021 to obtain a certificate of compliance from the Town’s
Building and Codes Enforcement Office as set forth in Chapter 137 for installation of the holding
tanks and authorizes and directs the Director of Building and Codes Enforcement to take any and
all action necessary to effectuate the terms of this Resolution, 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.
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Duly adopted this 7 day of December, 2020, by the following vote:
AYES : Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier
NOES : None
ABSENT: None