BOH 014.2022 Approve Jeff Hole's App for Sewage Disposal Variance RESOLUTION APPROVING JEFF HOLE'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 14,2022
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, Jeff Hole (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 treatment system with certain of its components proposed to be located as follows:
1. absorption bed to be 53' from Lake George in lieu of the required 100' setback;
2. pump tank to be 30' from Lake George in lieu of the required 50' setback;
3. Enhanced Treatment Unit (ETU) tank to be 32' from Lake George in lieu of the
required 50' setback;
4. absorption bed to be 2' from the north property line in lieu of the required 10' setback;
5. absorption bed to be 1' from the west property line in lieu of the required 10' setback
6. absorption bed to be 2' from the south property line in lieu of the required 10' setback
7. absorption bed to be 2' from the foundation in lieu of the required 10' setback;
8. sewer line to be 1' from the property line in lieu of the required 10' setback; and
9. sewer line to be 3' from the foundation in lieu of the required 10' setback;
on property located at 390 Cleverdale 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, February 28t', 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 Jeff Hole for
variances from the Sewage Disposal Ordinance to install a replacement wastewater treatment system
with its components to be located as follows:
1. absorption bed to be 53' from Lake George in lieu of the required 100' setback;
2. pump tank to be 30' from Lake George in lieu of the required 50' setback;
3. Enhanced Treatment Unit (ETU) Tank to be 32' from Lake George in lieu of the
required 50' setback;
4. absorption bed to be 2' from the north property line in lieu of the required 10' setback;
5. absorption bed to be 1' from the west property line in lieu of the required 10' setback
6. absorption bed to be 2' from the south property line in lieu of the required 10' setback
7. absorption bed to be 2' from the foundation in lieu of the required 10' setback;
8. sewer line to be 1' from the property line in lieu of the required 10' setback; and
9. sewer line to be 3' from the foundation in lieu of the required 10' setback;
on property located at 390 Cleverdale Road in the Town of Queensbury and bearing Tax Map No:
226.8-1-7, and
BE IT FURTHER,
RESOLVED, that such variances are contingent upon submittal of an acceptable design plan
providing a stormwater conveyance and management plan relating to the wastewater system that must
be reviewed and approved by the Town Building and Codes Enforcement Officer, and
BE IT FURTHER,
RESOLVED, that the Enhanced Treatment Unit (ETU) shall be maintained by the property
owner in accordance with the manufacturer's recommendations for the life of the system, 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.
Duly adopted this 28t'day of February, 2022,by the following vote:
AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT:None