BOH 065.2023 Approving Art Norton's App. for Sanitary Sewage Disp RESOLUTION APPROVING ART NORTON'SAPPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 065,2023
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS Art Norton (Applicant) filed an application for variances from provisions of the
Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement
wastewater treatment system with certain of its components as follows:
1. Disposal system toe of slope/toe of fill to be located 5'5" from the property line in lieu
of the required 10' setback; and
2. Design of Eljen Enhanced Treatment Unit (ETU) disposal system to use Eljen
replacement system soil application rate/soil permeability in lieu of the NYSDOH
application rates;
on property located at 10 Highview Road, 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 October 16t', 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 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 Art Norton
for variances from the Sewage Disposal Ordinance to install a replacement wastewater treatment
system with certain of its components as follows:
1. Disposal system toe of slope/toe of fill to be located 5'5" from the property line in lieu
of the required 10' setback; and
2. Design of Eljen Enhanced Treatment Unit (ETU) disposal system to use Eljen
replacement system soil application rate/soil permeability in lieu of the NYSDOH
application rates;
on property located at 10 Highview Road, Queensbury and bearing Tax Map No: 239.15-1-17, and
BE IT FURTHER,
RESOLVED, that the 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 16t'day of October, 2023,by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
I, Colleen Rathbun, Deputy Town Clerk of the Town of Queensbury, Warren County, New York, do
hereby certify that I have compared the foregoing with the original resolution as listed above adopted
at a regular meeting of the Town Board of the Town of Queensbury held on the 16t' day of October,
2023 at which a quorum was present and that the same is a correct transcript therefrom and of the
whole original thereof to date.
IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury,this
24t'day of October, 2023.
SEAL SIGNED:
Colleen Rathbun
Deputy Town Clerk
Town of Queensbury