BOH 018.2024 Approving David and Theresa Ries Septic Variance - 8 and 12 Seelye Rd North
RESOLUTION APPROVING DAVID AND THERESA RIES’ APPLICATION
FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 18, 2024
INTRODUCED BY: Mr. Michael Dixon
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, David and Theresa Ries (Applicants) filed an application for variances from
Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 for installation of an on-site
subsurface wastewater treatment system, specifically a mounded soil absorption system, to be located
on Applicants’ property located at 8 Seelye Road North to serve both 8 Seelye Road North and 12
Seelye Road North in the Town of Queensbury, with the:
1. Groundwater table to be 6” below the ground surface in lieu of the required 3’ below
ground surface;
2. Fill or built-up system to be located 4’ from the dwelling in lieu of the required 20’
setback; 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
th
variance requests on Monday, February 26, 2024, 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
Applicants; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of David and
Theresa Ries for variances from the Sewage Disposal Ordinance for installation of an on-site
subsurface wastewater treatment system, specifically a mounded soil absorption system, to be located
on Applicants’ property located at 8 Seelye Road North (Tax Map No.: 227.17-1-24) to serve 8
Seelye Road North and property located at 12 Seelye Road North (Tax Map No.: 227.17-1-25) in the
Town of Queensbury, with the:
1. Groundwater table to be 6” below the ground surface in lieu of the required 3’ below
ground surface;
2. Fill or built-up system to be located 4’ from the dwelling in lieu of the required 20’
setback; and
BE IT FURTHER,
RESOLVED, that the E nhanced 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 ETU shall include an ultraviolet disinfection system added prior to
discharge from the system and
BE IT FURTHER,
RESOLVED, that Water’s Edge Drive shall not be blocked during construction, 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.
th
Duly adopted this 26 day of February, 2024, by the following vote:
AYES : Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES : None
ABSENT: None