BOH 073.2023 Approve Christopher Martin Sewer Variance
RESOLUTION APPROVING CHRISTOPHER MARTIN’S APPLICATION
FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 73, 2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, Christopher Martin (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 a holding tank and a variance from §136-11A as the Applicant
wishes to install two (2) 1,500 gallon capacity concrete septic holding tanks as a replacement septic
system to service the existing four (4) bedroom residence, for a total capacity of 3,000 gallons, in lieu
of the required 4,000 gallon capacity, and
WHEREAS, the Applicant also applied for additional variances from Chapter 136 to allow
installation of the:
1. holding tanks 3’ from the west property line in lieu of the required 10’ setback;
2. holding tanks 5’ from the south property line in lieu of the required 10’ setback;
3. pump station 47’ from the Lake George Shoreline in lieu of the required 50’ setback;
and
4. force main 7’ from the south property line in lieu of the required 10’ setback;
on property located at 370, 372 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
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variance requests on Monday, November 6, 2023, 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 Christopher
Martin for variances from the Sewage Disposal Ordinance to allow installation of two (2) 1,500 gallon
capacity concrete septic holding tanks as a replacement septic system to service the existing four (4)
bedroom residence, for a total capacity of 3,000 gallons, in lieu of the required 4,000 gallon capacity
and installation of the:
1. holding tanks 3’ from the west property line in lieu of the required 10’ setback;
2. holding tanks 5’ from the south property line in lieu of the required 10’ setback;
3. pump station 47’ from the Lake George Shoreline in lieu of the required 50’ setback;
and
4. force main 7’ from the south property line in lieu of the required 10’ setback;
on property located at 370, 372 Cleverdale Road in the Town of Queensbury and bearing Tax Map
No: 226.12-1-61, 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.
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Duly adopted this 6 day of November, 2023, by the following vote:
AYES : Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES : None
ABSENT: Mr. Metivier