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WASTEWATER-SEWER\\APPROVE\\Derby–Replacement System to Lines, Foundation Glen Lake & Well + Tests Outside Months–1-27-2020
RESOLUTION APPROVING PAUL DERBY’S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: ___________________________________________________, 2020
INTRODUCED BY: ___________________________________________________
WHO MOVED ITS ADOPTION
SECONDED BY: ___________________________________________________
WHEREAS, Paul Derby (Applicant) filed an application for variances from provisions of the
Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install an onsite wastewater
treatment system on property located at 31 Canterbury Drive in the Town of Queensbury with the
following deviations from the provisions of that Chapter:
1. Dispersal System to be 38’ from the well instead of the required 100’ setback;
2. Dispersal System to be 38’ from Glen Lake instead of the required 100’ setback;
3. Dispersal System to be 5’ from the north property line instead of the required 10’
setback;
4. Clarus Fusion System to be 1’6” from the foundation instead of the required 10’
setback;
5. Pump Station to be 1’6” from the foundation instead of the required 10’ setback; and
6. PERC and deep hole tests performed outside of the required time period;
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, January 27, 2020, 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 Paul Derby
for variances from the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to
install an on-site wastewater treatment system with the following deviations from the provisions of that
Chapter:
1. Dispersal System to be 38’ from the well instead of the required 100’ setback;
2. Dispersal System to be 38’ from Glen Lake instead of the required 100’ setback;
3. Dispersal System to be 5’ from the north property line instead of the required 10’
setback;
4. Clarus Fusion System to be 1’6” from the foundation instead of the required 10’
setback;
5. Pump Station to be 1’6” from the foundation instead of the required 10’ setback; and
6. PERC and deep hole tests performed outside of the required time period;
on property located at 31 Canterbury Drive in the Town of Queensbury and bearing Tax Map No:
289.17-1-22.
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Duly adopted this 27 day of January, 2020, by the following vote:
AYES :
NOES :
ABSENT: