BOH 075.2024 Approving Steven and Kathleen Rowe's Application for Sanitary Sewage Disposal Variances RESOLUTION APPROVING STEVEN AND KATHLEEN ROWE'S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 75,2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
WHEREAS, Steven and Kathleen Rowe(Applicants)filed an application for variances from
provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a
replacement on-site wastewater treatment system with its leaching system to be located:
1. 2'±from the north property line in lieu of the required 10' setback;
2. 4'±from the east property line in lieu of the required 10' setback;
3. 84'±from the Glen Lake shoreline in lieu of the required 100' setback;
on property located at 59 Barber 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, September 9t', 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
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 Steven and
Kathleen Rowe for variances from the Sewage Disposal Ordinance to install a replacement on-site
wastewater treatment system with its leaching system to be located:
1. 2'±from the north property line in lieu of the required 10' setback;
2. 4'±from the east property line in lieu of the required 10' setback;
3. 84'±from the Glen Lake shoreline in lieu of the required 100' setback;
on property located at 59 Barber Road in the Town of Queensbury and bearing Tax Map No: 289.11-
1-5, 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 this approval is conditioned upon Planning Board and/or Zoning Board of
Appeals approval of a no more than three-bedroom house on the property, 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 9 h day of September, 2024, by the following vote:
AYES Mr. Metivier, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None