BOH 013.2022 Approve Steve Cardona's APpt for Sewer Variance & Ext of Time to Complete System RESOLUTION APPROVING STEVEN CARDONA'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCE AND EXTENSION OF TIME
TO COMPLETE WASTEWATER SYSTEM IMPROVEMENTS
RESOLUTION NO.: BOH 13,2022
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, Steven Cardona (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 system with certain of its components to be located as follows:
1. Wastewater Absorption Field to be 68' from the well instead of the required 100'
setback;
2. Tank to be 8' from the foundation instead of the required 10' setback;
3. Wastewater Absorption Field to be 10' from the foundation instead of the required 20'
setback; and
4. Wastewater Absorption Field to be 5' from the property line instead of the required 10'
setback;
on property located at 17 Honeysuckle 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
variance request on Monday, February 28t', 2022, and
WHEREAS, the Town Clerk's Office has 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
November 21, 2021 and when the required property transfer septic inspection took place, it was
found that the existing wastewater system was deficient; however, the proposed new system is not
able to be completed within the required six (6) month time period due to the time of year and
timing of permitting, and
WHEREAS, the Applicant has therefore applied for a timeline extension or until July 19t",
2022 to install the system 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 Acting 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, 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 Steven
Cardona for variances from the Sewage Disposal Ordinance to install a replacement wastewater system
with certain of its components to be located as follows:
1. Wastewater Absorption Field to be 68' from the well instead of the required 100'
setback;
2. Tank to be 8' from the foundation instead of the required 10' setback;
3. Wastewater Absorption Field to be 10' from the foundation instead of the required 20'
setback; and
4. Wastewater Absorption Field to be 5' from the property line instead of the required 10'
setback;
on property located at 17 Honeysuckle Lane in the Town of Queensbury and bearing Tax Map Nos:
226.19-1-23, 24, 25, and
BE IT FURTHER,
RESOLVED, that such variances are contingent upon the well and water supply located on the
premises having a working UV disinfection system at all times, 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 complete installation of the replacement
wastewater system and extends the date on which the $2,000 escrow deposit the Applicants
previously deposited with the Town be automatically forfeited to the Town until July 19`h, 2022
and authorizes and directs the Building and Codes Enforcement Office to take any and all actions
necessary to effectuate the terms of this Resolution, 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.
Duly adopted this 28t'day of February, 2022,by the following vote:
AYES: Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES: None
ABSENT:None