BOH 001.2023 Set PH Sewage Disposal Variance- David Barlow RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF DAVID BARLOW
RESOLUTION NO.: BOH 1,2023
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is
authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal
Ordinance, and
WHEREAS, David Barlow(Applicant)has applied to the Local Board of Health for a variance
from Chapter 136, §136-11 which requires applicants to obtain a variance for a holding tank system, as
the Applicant wishes to replace a wastewater system by installing a holding tank system consisting of
two (2) holding tanks each with a capacity of 1,500 gallons for a total capacity of 3,000 gallons, thus
meeting and exceeding the required total capacity of 2,000 gallons on property located at 22 Ward
Lane in the Town of Queensbury, and
WHEREAS, Town Code Chapter 137 requires inspection of Onsite Wastewater
Treatment Systems (OWTS) prior to the sale of certain real property and provides that a $2,000
escrow deposit will be forfeited to the Town in the event that completion of a wastewater
treatment system meeting all standards is not completed within the time provided as established by
Chapter 137, and
WHEREAS, a change of deed for the Applicant's property occurred on or about
September 1, 2022 and when the required property transfer septic inspection took place, it was
found that the existing wastewater system was deficient; however, the proposed new system is not
able to be completed within the required six (6) month time period due to the time of year and
timing of permitting, and
WHEREAS, the Applicant has therefore applied for a timeline extension or until June 3ra
2023 to install the system and to extend the date on which the $2,000 escrow deposit he previously
deposited with the Town shall be automatically forfeited to the Town, and
WHEREAS, the Town's Director of Building and Codes Enforcement has recommended
Town Board approval of this requested extension, and
WHEREAS, the Local Board of Health will consider this extension request at the time of the
public hearing on the requested variance from Chapter 136,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing
on Monday, February 13d', 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider David Barlow's sewage disposal variance application concerning property
located at 22 Ward Lane in the Town of Queensbury and bearing Tax Map No.: 240.6-1-6 and at that
time all interested persons will be heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town
Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice
to neighbors located within 500 feet of the property as required by law.
Duly adopted this 23rd day of January, 2023,by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None