BOH 084.2024 Approving Stever Joiner and Margaret P Berrigan Revocable Trust App. for Sanitary Sewage Disposal Variance RESOLUTION APPROVING STEVE JOINER/MARGARET P. BERRIGAN
REVOCABLE TRUST'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 84,2024
INTRODUCED BY: Mr. Michael Dixon
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, Steve Joiner,on behalf of the Margaret P.Berrigan Revocable Trust,(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)to be located on
99 Birdsall Road in the Town,with installation of the proposed System's absorption field to be located
on adjacent property owner Domenick and Kathleen DiMartino's parcel located at 97 Birdsall Road
as described in a Permanent Right of Way, Easement Onsite Wastewater Management (Septic)
System Installation and Maintenance Agreement between the Applicant and the DiMartinos to be
provided with the System permit application if the requested System variances are approved, and
WHEREAS, Applicant has requested variances for the System components to be located as
follows:
1. ETU/Pump Station to be located 34' from Applicant's well in lieu of the required 50'
setback;
2. ETU/Pump Station to be located 40' from DiMartino's well to the north in lieu of the
required 50' setback;
3. ETU/Pump Station to be located 25' from the Gwinup property's well to the south in
lieu of the required 50' setback;
4. ETU/Pump Station to be located 1' from the structure (crawl space to the north) in
lieu of the required 10' setback;
5. Force main to be located 9' from the south property line in lieu of the required 10'
setback;
6. Absorption field to be located 46' from Applicant's well in lieu of the required 100'
setback;
7. Absorption field to be located 55' from DiMartino's well to the north in lieu of the
required 100' setback;
8. Absorption field to be located 90' from the Gwinup property's well to the south in
lieu of the required 100' setback;
9. Absorption field to be located 9' from the south property line in lieu of the required
10' setback;
10. Absorption field to be located 4' from the west property line in lieu of the required
10' setback; and
11. Absorption field to be installed under the driveway; 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 Steve Joiner
on behalf of the Margaret P. Berrigan Revocable Trust (Applicant) for variances from the Sewage
Disposal Ordinance for installation of a replacement wastewater treatment system (System) to be
located on 99 Birdsall Road in the Town (Tax Map No.: 289.17-1-36), with installation of the
proposed System's absorption field to be located on adjacent property owner Domenick DiMartino's
parcel located at 97 Birdsall Road(Tax Map No.: 289.17-1-35) as described in the Easement Onsite
Wastewater Management (Septic) System Installation and Maintenance Agreement between the
Applicant and Dominick and Kathleen DiMartino substantially in the form presented at this meeting
with the System components to be located as follows:
1. ETU/Pump Station to be located 34' from Applicant's well in lieu of the required 50'
setback;
2. ETU/Pump Station to be located 40' from DiMartino's well to the north in lieu of the
required 50' setback;
3. ETU/Pump Station to be located 25' from the Gwinup property's well to the south in
lieu of the required 50' setback;
4. ETU/Pump Station to be located 1' from the structure (crawl space to the north) in
lieu of the required 10' setback;
5. Force main to be located 9' from the south property line in lieu of the required 10'
setback;
6. Absorption field to be located 46' from Applicant's well in lieu of the required 100'
setback;
7. Absorption field to be located 55' from DiMartino's well to the north in lieu of the
required 100' setback;
8. Absorption field to be located 90' from the Gwinup property's well to the south in
lieu of the required 100' setback;
9. Absorption field to be located 9' from the south property line in lieu of the required
10' setback;
10. Absorption field to be located 4' from the west property line in lieu of the required
10' setback; and
11. Absorption field to be installed under the driveway; and
BE IT FURTHER
RESOLVED, that since the System's absorption field will not be located on Applicant's
property,the recorded Permanent Right of Way, Easement Onsite Wastewater Management(Septic)
System Installation and Maintenance Agreement must be provided to the Town before a Certificate
of Compliance will be issued, 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. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None