BOH 003.2023 Res. Approving David Barlows App. for Sanitary Sewage Disp RESOLUTION APPROVING DAVID BARLOW'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 3,2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, David Barlow (Applicant) filed an application for a variance from provisions of
the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, §136-11 which requires
applicants to obtain a variance for holding tanks 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, 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 therefore applied for a timeline extension or until June 3rd, 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 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, February 13t', 2023, 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 the David
Barlow for a variance from the Sewage Disposal Ordinance to allow installation of 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 bearing Tax Map No: 240.6-1-6, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health further authorizes and grants the Applicant
additional time to obtain a certificate of compliance from the Town's Building and Codes
Enforcement Office as set forth in Chapter 137 to install the holding tank system and extends the
date on which the $2,000 escrow deposit the Applicants previously deposited with the Town be
automatically forfeited to the Town until June 3a 2023 and authorizes and directs the Director
of Building and Codes Enforcement to take any and all actions necessary to effectuate the terms
of this Resolution, and
BE IT FURTHER,
RESOLVED, that the premises shall not be utilized for rental purposes until the holding tank
system has been installed as confirmed by the Director of Building and Codes Enforcement, and
BE IT FURTHER,
RESOLVED, that excess excavated material shall be placed so as to comply with the ten foot
(10') setback requirement, 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 (APA) for its review,
and
BE IT FURTHER,
RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice
to the APA and shall be subject to review by the APA during such period.
Duly adopted this 13t'day of February, 2023,by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None