BOH 040.2022 Approve Michael Craft's Sewer Variance RESOLUTION APPROVING MICHAEL CRAFT'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 40,2022
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, Michael Craft(Applicant) filed an application for variances from provisions of the
Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to make modifications to an
existing septic system with components proposed to be located as follows:
1. dispersal location to be 55' from the neighbor's drinking water well in lieu of the
required 100' setback;
2. dispersal location to be 6' from the property line in lieu of the required 10' setback;
3. dispersal location to be 5' from the dwelling which does not have a basement in lieu of
the required 20' setback;
4. treatment tank and pumping station to be 3' from the dwelling in lieu of the required
10' setback; and
5. treatment tank and pumping station to be 2.8' from the property line in lieu of the
required 10' setback;
on property located at 309 Cleverdale 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, May 2nd, 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 Craft
for variances from the Town's On-Site Sewage Disposal Ordinance to make modifications to an
existing septic system with components proposed to be located as follows:
1. dispersal location to be 55' from the neighbor's drinking water well in lieu of the
required 100' setback;
2. dispersal location to be 6' from the property line in lieu of the required 10' setback;
3. dispersal location to be 5' from the dwelling which does not have a basement in lieu of
the required 20' setback;
4. treatment tank and pumping station to be 3' from the dwelling in lieu of the required
10' setback; and
5. treatment tank and pumping station to be 2.8' from the property line in lieu of the
required 10' setback;
on property located at 309 Cleverdale Road in the Town of Queensbury and bearing Tax Map No:
226.12-1-9, 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 2nd day of May, 2022,by the following vote:
AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES: None
ABSENT: Mr. Ferone