BOH 021.2024 Approving Black Family Nominee Trusts App for Sanitary Sewage Disposal Var RESOLUTION APPROVING BLACK FAMILY NOMINEE TRUST'S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 21,2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS William Black, on behalf of the Black Family Nominee Trust, (Applicant) filed an
application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal
Ordinance, Chapter 136 to install a replacement onsite wastewater treatment system with certain of its
components to be located:
1. absorption field F from the property line(E) in lieu of the required 10' setback;
2. absorption field 3' from the dwelling(guest house) in lieu of the required 20' setback;
3. septic tank F from the dwelling in lieu of the required 10' setback;
4. septic tank F from the property line(W) in lieu of the required 10' setback;
5. absorption field 8' from the property line(W) in lieu of the required 10' setback;
6. absorption field 4' from the dwelling (main house) in lieu of the required 20' setback;
and
7. absorption field 8' from the neighboring dwelling in lieu of the required 20' setback;
on property located at 13 Fielding Lane 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 requests on Monday, March 4t', 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 William
Black, on behalf of the Black Family Nominee Trust, for variances from the Sewage Disposal
Ordinance to install a replacement onsite wastewater treatment system with certain of its components
to be located:
1. absorption field 1' from the property line(E) in lieu of the required 10' setback;
2. absorption field 3' from the dwelling(guest house) in lieu of the required 20' setback;
3. septic tank 1' from the dwelling in lieu of the required 10' setback;
4. septic tank 1' from the property line(W) in lieu of the required 10' setback;
5. absorption field 8' from the property line(W) in lieu of the required 10' setback;
6. absorption field 4' from the dwelling (main house) in lieu of the required 20' setback;
and
7. absorption field 8' from the neighboring dwelling in lieu of the required 20' setback;
on property located at 13 Fielding Lane in the Town of Queensbury and bearing Tax Map No:
227.13-2-16, and
BE IT FURTHER,
RESOLVED, that the ETU shall be maintained by the property owner(s) in accordance with
the manufacturer's recommendations for the life of the system, and
BE IT FURTHER,
RESOLVED, that the permanent barrier to prevent parking on the Eljen field be installed
subject to Code Enforcement approval, 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 4t'day of March, 2024,by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None