BOH 088-2024 Approving William and Lynn Clark's Sewer Variance Application
RESOLUTION APPROVING WILLIAM AND LYNN CLARK’S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 88, 2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, William and Linda Clark (Applicants) filed an application for variances from
provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a
replacement enhanced treatment on-site wastewater treatment system with certain of its components
to be installed as follows:
1. Absorption field to be located 75’ from the Lake George shoreline in lieu of the
required 100’ setback;
2. Absorption field to be located 7’ from the house in lieu of the required 20’ setback;
3. Absorption field to be located 1’ from the easterly property line in lieu of the required
10’ setback;
4. Distribution Box to be located 7’ from the easterly property line in lieu of the required
10’ setback;
5. Force main to be located 8’ from the easterly property line in lieu of the required 10’
setback; and
6. Distribution Box to be located 82’ from the Lake George shoreline line in lieu of the
required 100’ setback;
on property located at 77 Rockhurst Road in the Town, 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
th
variance requests on Monday, November 4, 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 William and
Lynn Clark for variances from the Sewage Disposal Ordinance to install a replacement enhanced
treatment on-site wastewater treatment system with certain of its components to be installed as
follows:
1. Absorption field to be located 75’ from the Lake George shoreline in lieu of the
required 100’ setback;
2. Absorption field to be located 7’ from the house in lieu of the required 20’ setback;
3. Absorption field to be located 1’ from the easterly property line in lieu of the required
10’ setback;
4. Distribution Box to be located 7’ from the easterly property line in lieu of the required
10’ setback;
5. Force main to be located 8’ from the easterly property line in lieu of the required 10’
setback; and
6. Distribution Box to be located 82’ from the Lake George shoreline line in lieu of the
required 100’ setback;
on property located at 77 Rockhurst Road in the Town and bearing Tax Map No: 227.13-2-35, and
BE IT FURTHER,
RESOLVED, that the E nhanced 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 (APA) for its review and this
approval Resolution shall not be effective until 30 days after such notice to the APA and shall be
subject to review by the APA during such period.
th
Duly adopted this 4 day of November, 2024, by the following vote:
AYES : Mr. Metivier, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES : None
ABSENT: None