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1.1 1.1 WASTEWATER-SEWER\APPROVE\Wilcox and Zeldin—Leach Field to Well—12-17-12 RESOLUTION APPROVING DAVID WILCOX AND VICTORIA ZELDIN'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: , 2012 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, David Wilcox and Victoria Zeldin filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 as they propose to reactivate an existing, unused well which is located 78.08' from the property's leach system, in lieu of the required 100' setback, on property located at 26 Forest Road, Assembly Point, 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 request on Monday,December 17th,2012, 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 variance, the Local Board of Health determines that the variance 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 variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of David Wilcox and Victoria Zeldin for a variance from the Sewage Disposal Ordinance to reactivate an existing, unused well which is located 78.08' from the property's leach system, in lieu of the required 100' setback, on property located at 26 Forest Road, Assembly Point, in the Town of Queensbury and bearing Tax Map No.: 226.19-1-42. Duly adopted this 17th day of December, 2012,by the following vote: AYES NOES ABSENT: 2