BOH 063.2024 Approving James Conway App for Sanitary Sewage Disp Var RESOLUTION APPROVING JAMES CONWAY'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: 63,2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, James E. Conway, on behalf of the James E. Conway Revocable 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 its toe of slope of raised bed system to be located:
1. 2' from the property line in lieu of the required 10' setback; and
2. 44' from the wetland in lieu of the required 100' setback;
on property located at 10 Antler 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 requests on Monday, June Yd and Monday, July 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 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 James E.
Conway,on behalf of the James E. Conway Revocable Trust,for variances from the Sewage Disposal
Ordinance to install a replacement onsite wastewater treatment system with its toe of slope of raised
bed system to be located:
1. 2' from the property line in lieu of the required 10' setback; and
2. 44' from the wetland in lieu of the required 100' setback;
on property located at 10 Antler Road in the Town of Queensbury and bearing Tax Map No: 240.9-
1-2, and
BE IT FURTHER,
RESOLVED, that the Enhanced 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 Town Board approval is conditioned on submission of real property
documentary proof by August 1", 2024 that the property is now owned by Kristina Gallo and Diego
Miron and variances are approved in their names, 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 I"day of July, 2024, by the following vote:
AYES Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None