BOH 041.2024 Approving Gregg Nolte's App for Sanitary Sewage Disposal Variance RESOLUTION APPROVING GREGG NOLTE'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCE
RESOLUTION NO.: BOH 41,2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, Gregg Nolte (Applicant) filed an application for a variance from Town of
Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, §136-11 which requires applicants
to obtain a variance for a holding tank system as the Applicant wishes to replace the existing
wastewater septic system by installing a holding tank system consisting of two (2) holding tanks
each with a 2,000 gallon capacity, thus meeting the required total capacity of 4,000 gallons, on
property located at 35 Assembly Point Road 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 request on Monday, May 6t', 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 granting 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 Gregg
Nolte for a variance from the Sewage Disposal Ordinance to allow installation of a holding tank
system consisting of two (2) holding tanks each with a 2,000 gallon capacity, thus meeting the
required total capacity of 4,000 gallons, on property located at 35 Assembly Point Road in the Town
of Queensbury and bearing Tax Map No: 239.12-2-10, and
BE IT FURTHER,
RESOLVED,that the existing system shall be pumped out and filled, and
BE IT FURTHER,
RESOLVED, that the premises shall not be rented until and unless the holding tank system
has been approved and installed and determined to be in compliance as confirmed by the Director of
Building and Codes Enforcement, 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 6 h day of May, 2024,by the following vote:
AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier