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022.BOH.2011 Septic Variance Approve Defayette RESOLUTION APPROVING DENNIS AND NANCY DEFAYETTE’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 22, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, Dennis and Nancy Defayette filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to allow an absorption bed to be located: 1.4’ from a property line in lieu of the required 10’ setback; and 2.86’ from a stream in lieu of the required 100’ setback; on property located at 29 Reardon Road Ext., 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 conducted a public hearing concerning the variance th requests on Monday, July 25, 2011, 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 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 Dennis and Nancy Defayette for variances from the Sewage Disposal Ordinance to allow an absorption bed to be located: 1.4’ from a property line in lieu of the required 10’ setback; and 2.86’ from a stream in lieu of the required 100’ setback; on property located at 29 Reardon Road Ext., in the Town of Queensbury and bearing Tax Map No.: 289.7-1-40. th Duly adopted this 25 day of July, 2011, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None 2