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1.1 1.1 WASTEWATER-SEWMAPPROVEMerritt-Absorption Field to Well,House,Lake&Property Line—1-28-13 RESOLUTION APPROVING WILLIAM AND CAROL MERRITT'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: 92013 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS,William and Carol Merritt filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a new wastewater system with the new absorption field to be located: 1. 0' from the property line instead of the required 10' setback; 2. 72' from a well(Miller, Stephen)instead of the required 100' setback; 3. 95' from a well(Gwinup,Daniel)instead of the required 100' setback; 4. 11' from the dwelling instead of the required 20' setback; 5. 97' from Glen Lake instead of the required 100' setback; 6. 93' from a well(Merritt,William)instead of the required 100' setback; on property located at 103 Birdsall Road 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 requests on Monday, January 28',2013, 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 are 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 William and Carol Merritt for variances from the Sewage Disposal Ordinance to install a new wastewater system with the new absorption bed to be located: 1. 0' from the property line instead of the required 10' setback; 2. 72' from a well(Miller, Stephen)instead of the required 100' setback; 3. 95' from a well(Gwinup,Daniel)instead of the required 100' setback; 4. 11' from the dwelling instead of the required 20' setback; 5. 97' from Glen Lake instead of the required 100' setback; 6. 93' from a well(Merritt, William)instead of the required 100' setback; on property located at 103 Birdsall Road in the Town of Queensbury and bearing Tax Map No.: 289.17-1-38, contingent upon the completion by applicants and future owners of their property of water testing of Stephen Miller's well (or of future owners of such well) both before and after the installation of the new wastewater system to ensure that such well is not contaminated. 2 Duly adopted this 28th day of January, 2013,by the following vote: AYES NOES ABSENT: 3