BOH 029.2022 Approve Jason Gottlieb's Sewer Variance RESOLUTION APPROVING JASON A. GOTTLIEB'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 29,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, Jason Gottlieb (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 its components proposed to be located as follows:
1. Absorption bed to be 80' from Lake George in lieu of the required 100' setback;
2. Absorption bed to be 3' from the southerly property line in lieu of the required 10'
setback;
3. Absorption bed to be F from the easterly property line in lieu of the required 10'
setback;
4. Absorption bed to be 3' from the foundation in lieu of the required 20' setback;
5. Sewer line to be 7' from the easterly property line in lieu of the required 10' setback;
6. Tank to be F from the easterly property line in lieu of the required 10' setback;
7. Tank to be 2' from the foundation in lieu of the required 10' setback; and
8. Tank to be 4' from the northerly property line in lieu of the required 10' setback; and
9. Sewer line to be 2' from the foundation in lieu of the required 10' setback;
on property located at 389 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, April 4t', 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 Jason A.
Gottlieb 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 80' from Lake George in lieu of the required 100' setback;
2. Absorption bed to be 3' from the southerly property line in lieu of the required 10'
setback;
3. Absorption bed to be 1' from the easterly property line in lieu of the required 10'
setback;
4. Absorption bed to be 3' from the foundation in lieu of the required 20' setback;
5. Sewer line to be 7' from the easterly property line in lieu of the required 10' setback;
6. Tank to be 1' from the easterly property line in lieu of the required 10' setback;
7. Tank to be 2' from the foundation in lieu of the required 10' setback; and
8. Tank to be 4' from the northerly property line in lieu of the required 10' setback; and
9. Sewer line to be 2' from the foundation in lieu of the required 10' setback;
on property located at 389 Cleverdale Road in the Town of Queensbury and bearing Tax Map No:
226.8-1-2 with the condition of approval that an impermeable barrier be added to the south side of the
proposed system, 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 4t'day of April, 2022,by the following vote:
AYES: Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: Mr. Freer