BOH 020.2023 Approving Sewage Disposal Variance App. of J &D Marina RESOLUTION APPROVING J & D MARINA, LLC'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCE
RESOLUTION NO.: BOH 20,2023
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, J & D Marina, LLC (Applicant) filed an application for variances from provision
of the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 to maintain an existing
septic treatment system that does not meet today's current requirements on its Castaway Marina
property as follows:
1. Septic Tank (Pump Station) is located 32.30' from the water well in lieu of the
required 50' setback;
2. Septic Tank(Pump Station) is located 5.8 F from the foundation in lieu of the required
10' setback;
3. Septic Tank(Pump Station) is located 23.66' from the Lake George shoreline in lieu of
the required 50' setback;
4. Septic Tank (Pump Station) is located 1.1 F from the property line in lieu of the
required 10' setback;
5. Dock Sewer line is located -134.42' from Lake George in lieu of the required 50'
setback;
6. Dock Sewer line is located -143.30' from the property line in lieu of the required 10'
setback;
7. Sewer line is located 9.40' from stormwater treatment practice discharging to surface
water in lieu of the required 25' setback; and
8. Septic Tank (Pump Station) is located 48.37' from stormwater treatment practice
discharging to surface water in lieu of the required 50' setback;
on property located at 2546 State Route 9L 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 request on Monday, April 3rd, 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
I. 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 J & D
Marina, LLC for variances from the Sewage Disposal Ordinance to maintain an existing septic
treatment system that does not meet today's current requirements on their property as follows:
I. Septic Tank (Pump Station) is located 32.30' from the water well in lieu of the
required 50' setback;
2. Septic Tank(Pump Station) is located 5.81' from the foundation in lieu of the required
10' setback;
3. Septic Tank(Pump Station) is located 23.66' from the Lake George shoreline in lieu of
the required 50' setback;
4. Septic Tank (Pump Station) is located 1.11' from the property line in lieu of the
required 10' setback;
5. Dock Sewer line is located -134.42' from Lake George in lieu of the required 50'
setback;
6. Dock Sewer line is located -143.30' from the property line in lieu of the required 10'
setback;
7. Sewer line is located 9.40' from stormwater treatment practice discharging to surface
water in lieu of the required 25' setback; and
8. Septic Tank (Pump Station) is located 48.37' from stormwater treatment practice
discharging to surface water in lieu of the required 50' setback;
on property located at 2546 State Route 9L in the Town of Queensbury and bearing Tax Map No:
240.5-1-26, and
BE IT FURTHER,
RESOLVED, that flow monitoring equipment shall be installed prior to June 15t' and if
maximum daily flow exceeds 500 gallons, Applicant will further apply for an improved system to
properly treat the actual flow amounts, 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 3rd day of April, 2023,by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None