BOH 032.2021 Approving Sewer Variance for Robert Stephens Extention of Time to Complete System
RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL
VARIANCES FOR ROBERT STEPHENS AND EXTENSION OF TIME TO
COMPLETE WASTEWATER SYSTEM IMPROVEMENTS
RESOLUTION NO.: BOH 32, 2021
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim McNulty
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 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, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s
official newspaper and the Local Board of Health conducted a public hearing concerning the variance
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requests on Monday, June 21, 2021, and
WHEREAS, the Town Clerk’s Office advised that it duly notified all property owners within
500 feet of the subject property, 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 therefore applied for a timeline extension or until August 31,
2021 to install the holding tank and extend the date on which the $2,000 escrow deposit he
previously deposited with the Town shall be automatically forfeited to the Town and the Director
of Building and Codes Enforcement has recommended Town Board approval of this requested
extension,
NOW, THEREFORE, BE IT
RESOLVED, that:
1. due to the nature of the variances, it is felt 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 and authorizes the application
of Robert Stephens (Applicant) for variances from the Sewage Disposal Ordinance to allow installation
of a new 4,000 gallon septic holding tank in lieu of a sewage disposal system with the holding tank to
be located:
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:
on property located at 128 Sunnyside North in the Town of Queensbury and bearing Tax Map No:
279.17-2-7, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health further authorizes and grants the Applicant
additional time to obtain a certificate of compliance from the Town’s Building and Codes
Enforcement Office as set forth in Chapter 137 to install the holding tank and extends the date on
which the $2,000 escrow deposit the Applicants previously deposited with the Town be
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automatically forfeited to the Town until August 31, 2021 and authorizes and directs the
Director of Building and Codes Enforcement to take any and all actions necessary to effectuate
the terms of this Resolution.
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Duly adopted this 21 day of June, 2021, by the following vote:
AYES : Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES : None
ABSENT: None