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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' 2 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. 3 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 4