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043.BOH.2011 Hurst Swr. RESOLUTION APPROVING W. SHELDON AND KAREN HURST'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: 43,2011 BOH INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, W. Sheldon and Karen Hurst filed an application for a variance from a provision of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a new well 75' from the existing dry wells in lieu of the required 150' setback on property located at 9 Snug Harbor 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 conducted a public hearing concerning the variance request on Monday, December 19t`, 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 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 applicants; and BE IT FURTHER, RESOLVED, that the applicant will be required to provide proof that the well casing is sealed to the Town of Queensbury, and BE IT FURTHER RESOLVED, the applicant has agreed to have the water tested annually for the next two years and provide annual documentation to the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves W. Sheldon and Karen Hurst's application for a variance from the Sewage Disposal Ordinance to install a new well 75' from the existing dry wells in lieu of the required 150' setback on property located at 9 Snug Harbor Lane in the Town of Queensbury and bearing Tax Map No.: 290.5-1-26. Duly adopted this 19t`day of December, 2011, by the following vote: AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES None ABSENT: None 2