BOH 082.2022 Approving Carl & Michele Weiner App Sanitary Sewage Var RESOLUTION APPROVING CARL AND MICHELE WEINER'S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 82,2022
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, Carl and Michele Weiner (Applicants) filed an application for variances from
provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a
replacement septic system with the:
1. Absorption field to be located 63' from the shoreline in lieu of the required 100'
setback;
2. Absorption field to be located 1' from the westerly property line in lieu of the required
10' setback;
3. Effluent Sewer Line to be located 4' from the westerly property line in lieu of the
required 10' setback; and
4. House Sewer Line to be located 4' from the westerly property line in lieu of the
required 10' setback;
on property located at 114 Rockhurst 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, October 17t', 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
Applicants; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Carl and
Michele Weiner for variances from the Sewage Disposal Ordinance to install a replacement septic
system with the:
1. Absorption field to be located 63' from the shoreline in lieu of the required 100'
setback;
2. Absorption field to be located 1' from the westerly property line in lieu of the required
10' setback;
3. Effluent Sewer Line to be located 4' from the westerly property line in lieu of the
required 10' setback; and
4. House Sewer Line to be located 4' from the westerly property line in lieu of the
required 10' setback;
on property located at 114 Rockhurst Road in the Town of Queensbury and bearing Tax Map No:
227.9-1-9, 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 17t'day of October, 2022,by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES None
ABSENT: Mr. Freer