BOH 019.2023 Approving Sewer Variance App. of Richard &Marybeth Young and Amanda Modale RESOLUTION APPROVING RICHARD & MARYBETH YOUNG AND
AMANDA MODALE'S APPLICATION FOR SANITARY SEWAGE
DISPOSAL VARIANCES AND EXTENSION OF TIME TO COMPLETE
WASTEWATER SYSTEM IMPROVEMENTS
RESOLUTION NO.: BOH 19,2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, Richard and Marybeth Young and Amanda Modale (Applicants) filed an
application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal
Ordinance Chapter 136 to install a replacement wastewater system with the:
1. Absorption field fill to be located F from the east property line in lieu of the required
10' setback;
2. Absorption field fill to be located F from the west property line in lieu of the required
10' setback; and
3. Fuji Clean Enhanced Treatment Unit (ETU) and Pump Station to be located 5' from
the east property line in lieu of the required 10' setback;
on property located at 9 Fielding Lane 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 request on Monday, April 3rd, 2023, and
WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners
within 500 feet of the subject property, and
WHEREAS, Town Code Chapter 137 requires inspection of Onsite Wastewater
Treatment Systems (OWTS) prior to the sale of certain real property and provides that a $2,000
escrow deposit will be forfeited to the Town in the event that completion of a wastewater
treatment system meeting all standards is not completed within the time provided as established by
Chapter 137, and
WHEREAS, a change of deed for the Applicants' property occurred on or about March
15th, 2022 and when the required property transfer septic inspection took place, it was found that
the existing wastewater system was deficient; however, the proposed new system was not able to
be completed within the required six (6) month time period due to inclement weather, the
challenges of scheduling contractors and the need for septic variances, and
WHEREAS, the Applicant has therefore applied for a timeline extension or until October
13t", 2023 to complete installation of the replacement wastewater system and extend the date on
which the $2,000 escrow deposit they previously deposited with the Town shall be automatically
forfeited to the Town and the Director of Building and Codes Enforcement has recommended
Town Board approval of this requested extension,
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 Richard and
Marybeth Young and Amanda Modale for variances from the Sewage Disposal Ordinance to install a
replacement wastewater system with the:
1. Absorption field fill to be located 1' from the east property line in lieu of the required
10' setback;
2. Absorption field fill to be located 1' from the west property line in lieu of the required
10' setback; and
3. Fuji Clean Enhanced Treatment Unit (ETU) and Pump Station to be located 5' from
the east property line in lieu of the required 10' setback;
on property located at 9 Fielding Lane in the Town of Queensbury and bearing Tax Map No: 227.13-
2-14, and
BE IT FURTHER,
RESOLVED, that the Enhanced Treatment Unit (ETU) shall be maintained by the property
owners in accordance with the manufacturer's recommendations for the life of the system, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health further authorizes and grants the Applicants
additional time to obtain a certificate of compliance from the Town's Building and Codes
Enforcement Office as set forth in Chapter 137 to complete installation of the replacement
wastewater system and extends the date on which the $2,000 escrow deposit the Applicants
previously deposited with the Town be automatically forfeited to the Town until October 13`h,
2023 and authorizes and directs the Director of Building and Codes Enforcement to take any and
all actions necessary to effectuate the terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that a rail fence or other barrier shall be installed to prevent traffic and parking at
the south end of the absorption field, and
BE IT FURTHER,
RESOLVED, that the property shall not be utilized for rental use until the replacement system
has been installed and approved, 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.
Duly adopted this 3rd day of April, 2023,by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None