BOH 028.2022 Approving James DeNooyer's Sewer Variance RESOLUTION APPROVING JAMES DENOOYER'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 28,2022
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, James DeNooyer(Applicant) filed an application for variances from provisions of
the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, §136-11 which requires
applicants to obtain a variance for holding tanks as the Applicant wishes to install a holding tank system
consisting of two (2) holding tanks, each with a capacity of 2,000 gallons, for a total capacity of 4,000
gallons, and
WHEREAS, the Applicant has also applied for additional variances from Chapter 136 to allow
placement of the:
1. Grinder pump station to be 34' from the Lake George shoreline in lieu of the required
50' setback; and
2. Force main to be 34' from the Lake George shoreline instead of the required 50'
setback;
on property located at 3308 State Route 9L, Dark Bay 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 requests on Monday, April 4t', 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 James
DeNooyer for variances from the Sewage Disposal Ordinance to allow installation of a holding tank
system consisting of two (2)holding tanks, each with a capacity of 2,000 gallons, for a total capacity of
4,000 gallons with placement of the:
1. Grinder pump station to be 34' from the Lake George shoreline in lieu of the required
50' setback; and
2. Force main to be 34' from the Lake George shoreline instead of the required 50'
setback;
on property located at 3308 State Route 9L, Dark Bay in the Town of Queensbury and bearing Tax
Map No: 239.18-1-26, 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 review by the Adirondack Park Agency during
such period.
Duly adopted this 4t'day of April, 2022,by the following vote:
AYES: Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES: None
ABSENT:Mr. Freer