BOH 072.2024 Approving Bruce and Joy Checkla's App Sanitary Sewage Disposal Variances RESOLUTION APPROVING BRUCE AND JOY CHECKLA'S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 72,2024
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
WHEREAS, Bruce and Joy Checkla (Applicants) filed an application for variances from
provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a
new enhanced treatment on-site wastewater system with certain of the components to be installed as
follows:
1. Absorption field(toe of slope)to be located.5' from the northerly property line in lieu
of the required 10' setback;
2. Absorption field(toe of slope)to be located .5' from the easterly property line in lieu
of the required 10' setback;
3. Absorption field (toe of slope) to be located 3.5' from the dwelling in lieu of the
required 20' setback;
4. Septic tank to be located 5' from the dwelling in lieu of the required 10' setback;
5. Septic tank to be located 3.5' from the northerly property line in lieu of the required
10' setback;
6. Pump station to be located 5' from the dwelling in lieu of the required 10' setback;
7. Pump station to be located 3.5' from the northerly property line in lieu of the required
10' setback; and
8. Force main to be located 4' from the dwelling in lieu of the required 10' setback;
on property located at 79 Mason Road in the Town of Queensbury,
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, August 19t', 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
Applicants; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Bruce and
Joy Checkla for variances from the Sewage Disposal Ordinance to install a new enhanced treatment
on-site wastewater system with certain of the components to be installed as follows:
1. Absorption field(toe of slope)to be located.5' from the northerly property line in lieu
of the required 10' setback;
2. Absorption field(toe of slope)to be located .5' from the easterly property line in lieu
of the required 10' setback;
3. Absorption field (toe of slope) to be located 3.5' from the dwelling in lieu of the
required 20' setback;
4. Septic tank to be located 5' from the dwelling in lieu of the required 10' setback;
5. Septic tank to be located 3.5' from the northerly property line in lieu of the required
10' setback;
6. Pump station to be located 5' from the dwelling in lieu of the required 10' setback;
7. Pump station to be located 3.5' from the northerly property line in lieu of the required
10' setback; and
8. Force main to be located 4' from the dwelling in lieu of the required 10' setback;
on property located at 79 Mason Road in the Town of Queensbury and bearing Tax Map No: 226.12-
1-18, 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 the Town Board authorizes and directs the Town Clerk to forward 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 19'h day of August, 2024, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Dixon
NOES None
ABSENT: None