BOH 034.2022 Approve Sewer Variance - Betty Spawn RESOLUTION APPROVING BETTY SPAWN'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 34,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, Betty Spawn (Applicant) filed an application for variances from provisions of the
Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a new enhanced
treatment on-site wastewater treatment system with certain components of it to be located as follows:
1. Absorption field toe of fill to be 2' from the northerly property line in lieu of the
required 10' setback;
2. Absorption field toe of fill to be 1' from the easterly property line in lieu of the required
10' setback; and
3. Absorption field toe of fill to be 76' from the well and absorption bed to be 83.7' from
the well in lieu of the required 100' setback(s);
on property located at at 26 Knox Road 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 18t', 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 Betty Spawn
for variances from the Sewage Disposal Ordinance to install a new enhanced treatment on-site
wastewater treatment system with certain components of it to be located as follows:
1. Absorption field toe of fill to be 2' from the northerly property line in lieu of the
required 10' setback;
2. Absorption field toe of fill to be 1' from the easterly property line in lieu of the required
10' setback; and
3. Absorption field toe of fill to be 76' from the well and absorption bed to be 83.7' from
the well in lieu of the required 100' setback(s);
on property located at at 26 Knox Road in the Town of Queensbury and bearing Tax Map No: 239.7-
1-22, and
BE IT FURTHER,
RESOLVED, that the Enhanced Treatment Unit (ETU) 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 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 18t'day of April, 2022,by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None
I, Caroline H. Barber, Town Clerk of the Town of Queensbury, Warren County,New York, do hereby
certify that I have compared the foregoing with the original resolution as listed above adopted at a
regular meeting of the Town Board of the Town of Queensbury held on the 18t' day of April, 2022 at
which a quorum was present and that the same is a correct transcript therefrom and of the whole
original thereof to date.
IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury,this
19t'day of April, 2022.
SEAL SIGNED:
Caroline H. Barber
Town Clerk
Town of Queensbury