BOH 038.2024 Approving Sewer Variance - John and Carolyn Swan
RESOLUTION APPROVING JOHN SWAN, JR. AND CAROLYN SWAN
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 38, 2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, John Swan, Jr. and Carolyn Swan (Applicants) filed an application for variances
from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to
install a replacement enhanced treatment onsite wastewater treatment system with certain of its
components to be located as follows:
1. absorption field 90’ from the shoreline in lieu of the required 100’ setback;
2. absorption field 9’ from the house in lieu of the required 20’ setback;
3. absorption field 1’ from the easterly property line in lieu of the required 10’ setback;
4. absorption field 5’ from the southerly property line in lieu of the required 10’ setback;
5. Fuji clean ETU 32’ from the shoreline in lieu of the required 50’ setback;
6. pump station 32’ from the shoreline in lieu of the required 50’ setback;
7. house sewer 35’ from the house in lieu of the required 50’ setback;
8. effluent sewer 34’ from the shoreline in lieu of the required 50’ setback;
9. force main 35’ from the shoreline in lieu of the required 50’ setback;
10. force main 5’ from the house in lieu of the required 10’ setback;
11. force main 6’ from the southerly property line in lieu of the required 10’ setback; and
12. distribution box 6’ from the southerly property line in lieu of the required 10’ setback;
on property located at 111 Rockhurst 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, April 15, 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 John Swan,
Jr. and Carolyn Swan for variances from the Sewage Disposal Ordinance to install a replacement
enhanced treatment onsite wastewater treatment system with certain of its components to be located:
1. absorption field 90’ from the shoreline in lieu of the required 100’ setback;
2. absorption field 9’ from the house in lieu of the required 20’ setback;
3. absorption field 1’ from the easterly property line in lieu of the required 10’ setback;
4. absorption field 5’ from the southerly property line in lieu of the required 10’ setback;
5. Fuji clean ETU 32’ from the shoreline in lieu of the required 50’ setback;
6. pump station 32’ from the shoreline in lieu of the required 50’ setback;
7. house sewer 35’ from the house in lieu of the required 50’ setback;
8. effluent sewer 34’ from the shoreline in lieu of the required 50’ setback;
9. force main 35’ from the shoreline in lieu of the required 50’ setback;
10. force main 5’ from the house in lieu of the required 10’ setback;
11. force main 6’ from the southerly property line in lieu of the required 10’ setback; and
12. distribution box 6’ from the southerly property line in lieu of the required 10’ setback;
on property located at 111 Rockhurst Road in the Town of Queensbury and bearing Tax Map No:
227.9-1-6, and
BE IT FURTHER,
RESOLVED, that the E nhanced Treatment Unit (ETU) shall be a FujiClean CEN-5
Enhanced Nitrogen Treatment Unit and 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.
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Duly adopted this 15 day of April, 2024, by the following vote:
AYES : Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. Strough
NOES : None
ABSENT: Mr. McNulty