BOH 009.2014 Approve O'Leary Variance RESOLUTION APPROVING STEPHEN O'LEARY'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 9,2014
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, Stephen O'Leary filed an application for variances from provisions of the Town
of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a new on-site replacement
wastewater treatment system as follows:
1. Septic tank to be 2' from the dwelling instead of the required 10' setback;
2. Fill system to be 3' from the property line instead of the required 10' setback; and
3. Vertical separation distance from bottom of wastewater treatment sand bed to bedrock
within 1,000' of Lake George, to be 2.5' instead of the required 3' separation;
on property located at 77 Brayton Lane 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, April 21St, 2014, 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 is 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 Stephen
O'Leary for variances from the Sewage Disposal Ordinance to install a new on-site replacement
wastewater treatment system as follows:
1. Septic tank to be 2' from the dwelling instead of the required 10' setback;
2. Fill system to be 3' from the property line in lieu of the required 10' setback;
3. Vertical separation distance from bottom of wastewater treatment sand bed to bedrock
within 1,000' of Lake George, to be 2.5' instead of the required 3' separation;
4. Relocate retaining wall and create permeable drainage area as described by applicant's
engineer Carl Schoder, P.E., at the Town Board meeting on April 21St, 2014; and
5. Install landscaping to prevent parking on top of system;
on property located at 77 Brayton Lane in the Town of Queensbury and bearing Tax Map No.:
239.12-2-87.
Duly adopted this 21St day of April, 2014, by the following vote:
AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
2
ABSENT: None
3