BOH 28.2019 Approve Sewer Variance - Charles Mason - 300 Cleverdale
RESOLUTION APPROVING CHARLES MASON’S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 28, 2019
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, Charles Mason (Applicant) is the owner of property located at 300 Cleverdale
Road in the Town of Queensbury, which property is currently under contract for sale and installation of
a replacement wastewater system to serve the residence is a condition of the sale, and
WHEREAS, the Applicant filed an application for variances from provisions of the Town of
Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install such replacement wastewater
treatment system as follows:
1. Absorption field to be located 16’ from the dwelling instead of the required 20’
setback;
2. Septic and pump tanks to be located 7’ from the dwelling instead of the required 10’
setback; and
3. Force main to be located 7’ from the property line instead of the 10’ required; and
WHEREAS, the Applicant also applied for a variance from Chapter 137 to obtain a waiver
from the inspection process, as the Applicant is applying for a construction permit and variance for a
replacement wastewater system, and conveyance of the property to a new owner would be allowed
and construction of a new wastewater system would be completed by the new owner within six (6)
months of the conveyance, 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
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variance requests on Monday, May 20, 2019, 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 Charles
Mason for variances from the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136
to install a replacement wastewater treatment system as follows:
1. Absorption field to be located 16’ from the dwelling instead of the required 20’
setback;
2. Septic and pump tanks to be located 7’ from the dwelling instead of the required 10’
setback; and
3. Force main to be located 7’ from the property line instead of the 10’ required; and
BE IT FURTHER,
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RESOLVED, that the Town Board further authorizes the Applicant’s variance from Chapter
137 and the waiver from the inspection process contingent upon the conveyance of the property to a
new owner with construction of a new wastewater system to be completed by the new owner within
six (6) months of the conveyance on property located at 300 Cleverdale Road in the Town of
Queensbury and bearing Tax Map No: 226.12-1-85, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by
certified mail 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 any lawful action by the Adirondack Park
Agency during such period.
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Duly adopted this 20 day of May, 2019, by the following vote:
AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT: None
I, Caroline H. Barber, Town Clerk of the Town of Queensbury, Warren County, New York, do hereby
certify that I have compared the foregoing with the original resolution as listed above adopted at a
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Regular meeting of the Town Board of the Town of Queensbury held on the 20 day of May, 2019 at
which a quorum was present and that the same is a correct transcript therefrom and of the whole
original thereof to date.
IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, this
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21 day of May, 2019.
SEAL SIGNED: _____________________________________
Caroline H. Barber
Town Clerk
Town of Queensbury
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