Loading...
BOH 05.2020 Approve Paul Derby Sewage Disposal Variances RESOLUTION APPROVING PAUL DERBY’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 5, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer 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 th 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, contingent upon there permanently being a physical barrier, (either 4 x 4 pressure-treated lumber or a steel bollard set in concrete) 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. th Duly adopted this 27 day of January, 2020, by the following vote: AYES: Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: Mrs. Switzer