BOH 033.2023 Approving Katheryn and Daniel McMorrow App Sanitary Sewage Disposal Variance RESOLUTION APPROVING KATHERYN AND DANIEL MCMORROW'S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 33,2023
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, Katheryn and Daniel McMorrow(Applicants)previously applied for and received
approval from the Local Board of Health for variances from Town of Queensbury On-Site Sewage
Disposal Ordinance, Chapter 136 to replace a failing wastewater system on their property located at
366 Cleverdale Road, Queensbury as delineated in Resolution BOH 24,2016; however, the Applicants
did not complete installation of the replacement wastewater system at that time, and
WHEREAS, Applicants resubmitted their application to replace the wastewater system on
their property by installation of a Fujiclean CE-5 Enhanced Treatment Unit (ETU) system with the
requested variances, similar to those approved by Resolution BOH 24,2016, as follows:
1. Absorption field to be 96.4' from Lake George instead of the required 100' setback;
and
2. Absorption field to be 3.9' from the north property line instead of the required 10'
setback;
3. Absorption field to be 11.4' from the residence instead of the required 20' setback;
4. ETU and Pump Station to be 3.8' from the south property line instead of the required
10' setback;
5. ETU and Pump Station to be 4.7' from the residence instead of the required 10'; 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, June 5t', 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, the Applicant has slightly modified the proposed site of the filtration system to
cause a twenty-five percent (25%) reduction in the septic bed size instead of a thirty-three percent
(33%)reduction,
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 is 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 Katheryn and
Daniel McMorrow for variances from the Sewage Disposal Ordinance to replace the wastewater
system on their property by installation of a Fujiclean CE-5 Enhanced Treatment Unit (ETU) system
with the requested variances as follows:
1. Absorption field to be 96.4' from Lake George instead of the required 100' setback;
and
2. Absorption field to be 3.9' from the north property line instead of the required 10'
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setback;
3. Absorption field to be 11.4' from the residence instead of the required 20' setback;
4. ETU and Pump Station to be 3.8' from the south property line instead of the required
10' setback;
5. ETU and Pump Station to be 4.7' from the residence instead of the required 10'
setback; and
6. Effluent force main to be 3.7 from the residence instead of the required 10' setback;
on property located at 366 Cleverdale Road, Queensbury and bearing Tax Map No.: 226.12-1-62, and
BE IT FURTHER,
RESOLVED, that the variances are approved on the basis of the modified system design as set
forth above, and
BE IT FURTHER,
RESOLVED, that the ETU shall be maintained by the property owners in accordance with
the manufacturer's recommendations for the life of the system, an
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.
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Duly adopted this 5t'day of June, 2023,by the following vote:
AYES Mr. Metivier, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES Mr. Freer
ABSENT: None
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