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WASTEWATER-SEWER'Approve-Deny'Derby Stem Combo Replacement Cross Property Lanes—Dispersal to Glen Lake Well-ETU-1-22-2024
RESOLUTION APPROVING PAUL DERBY AND LORRAINE STEIN'S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: 12024
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is
authorized by Queensbury Town Code Chapter 136 "Sewers and Sewage Disposal"to issue variances
from the Town's On-Site Sewage Disposal Ordinance, and
WHEREAS, by Resolution No.: BOH 74, 2023, the Local Board of Health authorized Paul
Derby and Lorraine Stein (Applicants) additional time or until May 15th, 2024 to obtain a
certificate of compliance from the Town's Building and Codes Enforcement Department to
complete installation of a combination replacement wastewater treatment system to serve their
properties located at 25 and 31 Canterbury Drive (Tax Map Nos: 289.17-1-20 and 289.17-1-22)until
May 15t', 2024, and
WHEREAS, Applicants submitted their Septic Variance Application and Plans to install such
combination replacement wastewater treatment system and applied to the Local Board of Health for
variances from Chapter 136 to allow placement of the properties'proposed shared Dispersal System:
1. 29.6' from the well instead of the required 100' setback;
2. 30.5' from Glen Lake instead of the required 100' setback;
3. 5' from the north property line instead of the required 10' setback; and
4. Dispersal System to be shared by and cross the property lines of 25 and 31 Canterbury
Drive instead of the required 10' setback;
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, January 22nd, 2024, 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 Paul Derby
and Lorraine Stein for variances from the Sewage Disposal Ordinance for installation of a combination
replacement wastewater treatment system to serve their properties located at 25 and 31 Canterbury
Drive (Tax Map Nos: 289.17-1-20 and 289.17-1-22) with placement of the properties' shared
Dispersal System:
1. 29.6' from the well instead of the required 100' setback;
2. 30.5' from Glen Lake instead of the required 100' setback;
3. 5' from the north property line instead of the required 10' setback; and
4. Dispersal System to be shared by and cross the property lines of 25 and 31 Canterbury
Drive instead of the required 10' setback; and
BE IT FURTHER,
RESOLVED, that the Enhanced Treatment Unit (ETU) shall be maintained by the Applicants
in accordance with the manufacturer's recommendations for the life of the system.
Duly adopted this 22nd day of January, 2024,by the following vote:
AYES
NOES
ABSENT: