BOH 027.2021 Set PH Robert Stephens Sewer Variance
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF ROBERT STEPHENS
RESOLUTION NO.: BOH 27, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is
authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal
Ordinance, and
WHEREAS, by Resolution No.: BOH 61,2020, the Local Board of Health approved the
application of Robert Stephens (Applicant) for a variance from Chapter 136, §136-11, which requires
applicants to obtain a variance for holding tanks as the Applicant wished to install a new 4,000 gallon
septic holding tank in lieu of a sewage disposal system on property located at 128 Sunnyside North in
the Town of Queensbury and bearing Tax Map No: 279.17-2-7 (Property), and
WHEREAS, the Applicant has again applied to the Local Board of Health for variances from
Chapter 136 as the Applicant wishes to install the new 4,000 gallon septic holding tank in lieu of a
sewage disposal system with the holding tank to be located on the Property:
1. 25’ from his well in lieu of the required 50’ setback; and
2. 46’ from his neighbor’s well in lieu of the required 50’ setback: and
WHEREAS, Town Code Chapter 137 requires inspection of Onsite Wastewater
Treatment Systems (OWTS) prior to the sale of certain real property and provides that a $2,000
escrow deposit will be forfeited to the Town in the event that completion of a wastewater
treatment system meeting all standards is not completed within the time provided as established by
Chapter 137, and
WHEREAS, a change of deed for the Applicant’s property occurred on or about August
12, 2020 and when the required property transfer septic inspection took place, it was found that
the existing wastewater system was deficient but the proposed holding tank was not able to be
completed within the required six (6) month time period, and
WHEREAS, the Applicant has therefore applied for a timeline extension until August 31,
2021 to install the holding tank and to extend the date on which the $2,000 escrow deposit he
previously deposited with the Town shall be automatically forfeited to the Town, and
WHEREAS, the Director of Building and Codes Enforcement has recommended Town
Board approval of this requested extension, and
WHEREAS, the Local Board of Health will consider this request at the time of the public
hearing on the requested variances from Chapter 136,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing
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on Monday, June 21, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider Robert Stephens’ sewage disposal variance application concerning property
located at 128 Sunnyside North in the Town of Queensbury and bearing Tax Map No.: 279.17-2-7 and
at that time all interested persons will be heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town
Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice
to neighbors located within 500 feet of the property as required by law.
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Duly adopted this 7 day of June, 2021, by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES : None
ABSENT: None