BOH 035.2024 Approving J&D Marina Application for Sanitary Sewer Disposal Variance RESOLUTION APPROVING J & D MARINA, LLC'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCE
RESOLUTION NO.: BOH 35,2024
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: BOH 2O,2023, the Queensbury Town Board, serving as the
Town's Local Board of Health, approved the application of J & D Marina, LLC (Applicant) for
variances from Town Code Chapter 136, the Town's On-Site Sewage Disposal Ordinance,to maintain
an existing septic treatment system not meeting today's current requirements on Applicant's property
located at 2546 State Route 9L in the Town contingent upon the Applicant installing flow monitoring
equipment and if maximum daily flow exceeded 500 gallons, Applicant would further apply for an
improved system to properly treat the actual flow amounts, and
WHEREAS, Applicant completed such flow metering and as a result applied for an additional
variance from Chapter 136 to expand the size of the soil absorption disposal field to allow a 2' vertical
separation from the bottom of the disposal field to groundwater in lieu of the required 3' vertical
separation, 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 1', 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 variance, the Local Board of Health determines that the
variance 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 variance is necessary for the
reasonable use of the land and is the minimum variance 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 a variance from the Sewage Disposal Ordinance to expand the size of the soil
absorption disposal field to allow a 2' vertical separation from the bottom of the disposal field to
groundwater in lieu of the required 3' vertical separation 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 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 V day of April, 2024,by the following vote:
AYES Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
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 V day of April, 2024
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
2nd day of April, 2024.
SEAL SIGNED:
Colleen Rathbun
Deputy Town Clerk
Town of Queensbury