440.2006 see res. 342.2008
RESOLUTION REVOKING APPROVALS SET FORTH IN LOCAL BOARD
OF HEALTH RESOLUTION NO.: BOH 1,2005 - SEWAGE DISPOSAL
VARIANCE APPLICATION OF STEVE AND DEBBY SEABOYER
RESOLUTION NO.: 440, 2006
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Richard Sanford
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WHEREAS, by Resolution No.: BOH 1, 2005 dated January 24, 2005, the Town of
Queensbury Local Board of Health approved the sewage disposal variance application of Steve and
Debby Seaboyer, which application concerned the installation of a specifically designed septic system
to replace an existing holding tank for the residence existing on property located at 83 Rockhurst
Road, Queensbury (Tax Map No.: 227.13-2-36), and
WHEREAS, the septic system approved by the Local Board of Health in accordance with
Resolution No.: BOH 1, 2005 was never installed and therefore the original holding tank is still being
used for such residence, and
WHEREAS, the Town of Queensbury’s Building Permit No.: 2006-006 issued on January
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11, 2006 was issued for a septic alteration for new construction, and
WHEREAS, as the Seaboyers’ intention is in fact for the approved, new septic system to
service a new residence, and not the residence reviewed when considering the granting of variances,
and
WHEREAS, more restrictive criteria are required for new construction within a critical
environmental area (CEA), and
WHEREAS, the Seaboyer’s residence is located in a designated CEA referred to as Lake
George, and
WHEREAS, as the variances granted in accordance with Resolution No.: BOH 1, 2005 were
not for a new or larger house within a CEA but in fact for the house that existed then and now, and
WHEREAS, the Town of Queensbury Town Code Chapter 136 entitled “Sewers and Sewage
Disposal,” Article 11 Standards 136-7, “Compliance required,” states:
“Individual sewage disposal systems shall comply with the standards of this article and
with the most recent editions of the Waste Treatment Handbook – Individual
Household Systems, New York State Department of Health, and Institutional and
Commercial Sewage Facilities, New York State Department of Environmental
In the case of conflicts among these standards, the most
Conservation….
restrictive shall apply
,”
and in view of such statement, coupled to the intent to tear down and rebuild, the building permit
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issued on January 11, 2006 was in error in that it did not include the 50% set aside for replacement of
the infiltrative area as required by the Waste Treatment Handbook – Individual Household Systems,
New York State Department of Health, better known as the “Red Book,” as described on page 5, as
other tests and measures required for such a “new construction project” within a designated CEA were
also absent,
NOW, THEREFORE, BE IT
RESOLVED, that the septic variances granted by the Town of Queensbury Local Board of
Health in Resolution No.: BOH 1, 2005 were never envisioned or intended to be used for new
construction, and
BE IT FURTHER,
RESOLVED, that the proposed new construction on the Seaboyer property cannot benefit
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from such septic variances, and
BE IT FURTHER,
RESOLVED, that the septic variances granted by the Town of Queensbury Local Board of
Health in accordance with Resolution No.: BOH 1, 2005 are hereby revoked, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby directs the Director of Building and
Codes Enforcement to revoke Building Permit No.: 2006-006 issued to Steve and Debby Seaboyer
concerning the Seaboyers’ property located at 83 Rockhurst Road, Queensbury and bearing Tax Map
No.: 227.13-2-36 until such time as all necessary variances are granted for placing a new septic system
within a critical environmental area (CEA) for the purpose of serving new construction, and
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Duly adopted this 11 day of September, 2006 by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford
NOES: None
ABSENT:None
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