BOH 039.2022 Approve Morgan Stritsman's Sewer Variance RESOLUTION APPROVING MORGAN STRITSMAN'S APPLICATION
FOR SANITARY SEWAGE DISPOSAL VARIANCE
RESOLUTION NO.:BOH 39,2022
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: BOH 80,2021, the Queensbury Town Board as the Town's
Local Board of Health approved the application of Morgan Stritsman (Applicant) for variances from
the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 for installation of a
replacement wastewater system with certain of its components to be located as follows:
1. Wastewater Absorption Field to be 71' from the well instead of the required 100'
setback;
2. Enhanced Treatment Unit to be 4' from the foundation instead of the required 10'
setback;
3. Pump Tank to be 3' from the foundation instead of the required 10' setback;
4. Wastewater Absorption Field to be I F from the foundation instead of the required 20'
setback; and
5. Wastewater Absorption Field to be 7' from the property line instead of the required 10'
setback;
on property located at 19 Private Road 41 off of Cleverdale Road in the Town of Queensbury and
bearing Tax Map No: 240.9-1-6, and
WHEREAS, the Applicant advised that when Applicant's contractor was on site to begin
construction and during the preliminary stake-out, it was determined that the proposed system requires
an additional variance and therefore the Applicant applied for an additional variance from Chapter 136
to install the Wastewater Absorption Field 84' from Lake George instead of the required 100' 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
variance request on Monday, May 2nd, 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 variance, the Local Board of Health determines that the
variance 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 variance is necessary for the
reasonable use of the land and is the minimum variance 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 Morgan
Stritsman for a variance from the Town's On-Site Sewage Disposal Ordinance to install the
Wastewater Absorption Field 84' from Lake George instead of the required 100' setback on property
located at 19 Private Road 41 off of Cleverdale Road in the Town of Queensbury and bearing Tax
Map No: 240.9-1-6, 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.
Duly adopted this 2nd day of May, 2022,by the following vote:
AYES: Mr. Freer, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: Mr. Ferone