BOH 004.2022 Approve Michael Carey Jr. Septic Varance
RESOLUTION APPROVING MICHAEL CAREY, JR.’S APPLICATION
FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 4, 2022
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, Michael Carey, Jr., (Applicant) filed an application for variances from provisions
of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement
wastewater treatment system with its Enhanced Treatment Unit (ETU) Effluent Absorption Field to be
located:
1. 82’ from the neighboring well instead of the required 100’ setback; and
2. 87’ from Lake George instead of the required 100’ setback;
on property located at 28 Holly Lane in the Town of Queensbury, 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 January 24, 2022, 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 Michael
Carey, Jr., for variances from the Sewage Disposal Ordinance to install a replacement wastewater
treatment system with its Enhanced Treatment Unit (ETU) Effluent Absorption Field to be located:
1. 82’ from the neighboring well instead of the required 100’ setback; and
2. 87’ from Lake George instead of the required 100’ setback;
on property located at 28 Holly Lane in the Town of Queensbury and bearing Tax Map No: 239.12-2-
57, and
BE IT FURTHER,
RESOLVED, that the E nhanced Treatment Unit shall be maintained by the property owner in
accordance with the manufacturer’s recommendations for the life of the system, and
BE IT FURTHER,
RESOLVED, that this Resolution and the permit shall provide that:
1. the system will be installed by June 15; and
2. the property shall not be used for short-term rentals until after the system is properly
installed to the satisfaction of the Town;
and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by
certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and
BE IT FURTHER,
RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice
to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park
Agency during such period.
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Duly adopted this 24 day of January, 2022, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None