BOH 019.2024 Approving Geraldine Eberleins Septic Variance Application - 8 and 12 Seelye Rd
RESOLUTION APPROVING GERALDINE EBERLEIN’S APPLICATION
FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 19, 2024
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Geraldine Eberlein (Applicant) filed an application for variances from Town of
Queensbury On-Site Sewage Disposal Ordinance Chapter 136 for installation of an on-site subsurface
wastewater treatment system, specifically a mounded soil absorption system, to be located on 8 Seelye
Road North to serve 8 Seelye Road North and Applicant’s property located at 12 Seelye Road North
in the Town of Queensbury, with the:
1. Groundwater table to be 6” below the ground surface in lieu of the required 3’ below
ground surface;
2. System to be placed on a neighboring property - identified as 8 Seelye Road North in
accordance with: a) drawings prepared by Studio A Landscape Architecture dated
5/9/2023; and b) an Agreement between Applicant and David K. Ries and Theresa M.
Ries dated September 7, 2023; both of which documents are part of variance
application; and
3. Effluent line to be located 0’ from the property line in lieu 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
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variance requests on Monday, February 26, 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
Applicant; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Geraldine
Eberlein (Applicant) for variances from the Sewage Disposal Ordinance for installation of an on-site
subsurface wastewater treatment system, specifically a mounded soil absorption system, to be located
on 8 Seelye Road North (Tax Map No.: 227.17-1-24) to serve 8 Seelye Road North and Applicant’s
property located at 12 Seelye Road North (Tax Map No.: 227.17-1-25) in the Town of Queensbury,
with the:
1. Groundwater table to be 6” below the ground surface in lieu of the required 3’ below
ground surface;
2. System to be placed on a neighboring property - identified as 8 Seeyle Road North in
accordance with: a) drawings prepared by Studio A Landscape Architecture dated
5/9/2023; and b) an Agreement between Applicant and David K. Ries and Theresa M.
Ries dated September 7, 2023; both of which documents are part of variance
application; and
3. Effluent line to be located 0’ from the property line in lieu of the required 10’ setback;
and
BE IT FURTHER
RESOLVED, that since the on-site subsurface wastewater treatment system will not be located
on Applicant’s property, a recorded Easement in form acceptable to the Town must be provided to the
Town before a Certificate of Compliance will be issued, and
BE IT FURTHER,
RESOLVED, that the E nhanced Treatment Unit (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 ETU shall include an ultraviolet disinfection system added prior to
discharge from the system and
BE IT FURTHER,
RESOLVED, that Water’s Edge Drive shall not be blocked during construction, 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.
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Duly adopted this 26 day of February, 2024, by the following vote:
AYES : Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES : None
ABSENT: None