BOH 083.2024 Approving Domenick DiMartino's App. for Sanitary Sewage Disposal Variance RESOLUTION APPROVING DOMENICK DIMARTINO'S APPLICATION
FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 83,2024
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, Domenick DiMartino(Applicant) filed an application for variances from Town
of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 for installation of a replacement
wastewater treatment system (System)with certain of its components to be located as follows:
1. ETU/Pump Station to be located 22' from Applicant's well in lieu of the required 50'
setback;
2. ETU/Pump Station to be located 41' from the Glen Lake Shoreline in lieu of the
required 50' setback;
3. ETU/Pump Station to be located 2' from the structure to the east in lieu of the required
10' setback;
4. ETU/Pump Station to be located 6' from the structure to the south in lieu of the
required 10' setback;
5. Force main to be located 1' from the north property line in lieu of the required 10'
setback;
6. Absorption field to be located 55' from Applicant's well in lieu of the required 100'
setback;
7. Absorption field to be located 54' from the Joiner property's well to the south in lieu
of the required 100' setback;
8. Absorption field to be located 62' from the Birdsall, LLC property's well to the north
in lieu of the required 100' setback;
9. Absorption field to be located 4' from the north property line in lieu of the required
10' setback;
10. Absorption field to be located 5' from the west property line in lieu of the required
10' setback; and
11. Absorption field to be installed under the driveway;
on property located at 97 Birdsall 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, October 21", 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 Domenick
DiMartino for variances from the Sewage Disposal Ordinance for installation of a replacement
wastewater treatment system with certain of its components to be located as follows:
1. ETU/Pump Station to be located 22' from Applicant's well in lieu of the required 50'
setback;
2. ETU/Pump Station to be located 41' from the Glen Lake Shoreline in lieu of the
required 50' setback;
3. ETU/Pump Station to be located 2' from the structure to the east in lieu of the required
10' setback;
4. ETU/Pump Station to be located 6' from the structure to the south in lieu of the
required 10' setback;
5. Force main to be located 1' from the north property line in lieu of the required 10'
setback;
6. Absorption field to be located 55' from Applicant's well in lieu of the required 100'
setback;
7. Absorption field to be located 54' from the Joiner property's well to the south in lieu
of the required 100' setback;
8. Absorption field to be located 62' from the Birdsall, LLC property's well to the north
in lieu of the required 100' setback;
9. Absorption field to be located 4' from the north property line in lieu of the required
10' setback;
10. Absorption field to be located 5' from the west property line in lieu of the required
10' setback; and
11. Absorption field to be installed under the driveway;
on property located at 97 Birdsall Road in the Town of Queensbury(Tax Map No.: 289.17-1-35), 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.
Duly adopted this 21"day of October, 2024,by the following vote:
AYES Mr. Metivier, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None