BOH 003.2013 Merritt Swr. RESOLUTION APPROVING WILLIAM AND CAROL MERRITT'S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: 3,2013 BOH
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
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 28th, 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:
I_ 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:
1. completion by applicants (or future owners of the property) of water testing of Stephen
Miller's well (or of future owners of such well) after the installation of the new
wastewater system to ensure that such well is not contaminated, annually for first three
(3) years after occupancy, and thereafter, such testing shall occur every three (3)years
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up to a total period of 12 years;
2. if such water testing comes back positive (coliform readings in the well), then the
applicants (or owners of the property) must report the issue, come back to the Town
Board and resolve the problem if proven that there is a significant difference with the
baseline readings,which were provided to the Town Board at this meeting;
3. applicants (or future owners of the property) must report any failure of the system to
the Town;
4. an authorized Puraflo representative and an engineer must inspect and certify a report
of the system after the system installation and every 5 years thereafter (or sooner if
suggested by the Puraflo company) and submit such report to the Queensbury Town
Clerk;
5. installation of such system shall be by a certified Puraflo installer; and
6. Jarrett Engineering will certify to the Town that such system is installed properly.
Duly adopted this 28th day of January, 2013,by the following vote:
AYES : Mr. Metivier,Mr. Strough,Mr. Brewer,Mr. Montesi
NOES : None
ABSENT: None
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