344.2014 Approve 697 Upper Glen Street Waiver Request Sanitary Sewer RESOLUTION APPROVING 697 UPPER GLEN STREET LLC'S
APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY
SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE
CHAPTER 136- SEWERS AND SEWAGE DISPOSAL
RESOLUTION NO.: 344,2014
INTRODUCED BY: Mr. Brian Clements
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue
variances from §136-44 "Connection to sewers required" which requires Town property owners
situated within a sewer district and located within 250' of a public sanitary sewer of the sewer district
to connect to the public sewer facilities within one(1)year from the date of notice, and
WHEREAS, 697 Upper Glen Street LLC (Applicant) applied to the Town Board for a
variance/waiver from Town Code §136-44.1 for an extension of the Town's connection requirements
to connect its property located at 989 State Route 9, Queensbury to the Route 9 Sanitary Sewer
District as set forth in its August 26t`, 2014 application, and
WHEREAS, the Town Clerk's Office mailed a Notice of Hearing to the Applicant and the
Town Board conducted a hearing concerning the variance/waiver request on Monday, October 6th
2014,
NOW, THEREFORE, BE IT
RESOLVED, that
a) due to the nature of the variance/waiver request, the Queensbury Town Board determines
that the temporary granting of the variance/waiver would not be materially detrimental to
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the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining
properties or otherwise conflict with the purpose and objectives of any plan or policy of the
Town of Queensbury; and
b) the Town Board finds that the granting of the variance/waiver is reasonable and would
alleviate unnecessary hardship on the Applicant; and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves 697 Upper Glen Street
LLC's application for a variance/waiver from Queensbury Town Code Chapter 136, §136-44
"Connection to sewers required" and hereby grants the applicant a two (2) year extension of time or
until October 6h, 2016 in which to connect its property located at 989 State Route 9, Queensbury(Tax
Map No.: 296.13-1-22) to the Town's Route 9 Sanitary Sewer District, provided that the Applicant
connect to the Route 9 Sanitary Sewer District within two (2) years and no further extensions will be
granted, and in the meantime, if there is any change in property use, increase in septic use or additional
bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town
Board reviews and approves a new application for a variance/waiver, and furthermore, if the septic
system has been determined to fail or is modified by the Applicant, or if ownership of the property is
transferred, then the variance is terminated as well and the property must connect to the Route 9
Sanitary Sewer District,
BE IT FURTHER,
RESOLVED, that Applicant shall pay all charges due as if its property was connected to the
Route 9 Sanitary Sewer District, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Supervisor, Civil
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Engineer/Wastewater Director and/or Town Budget Officer to take any actions necessary to effectuate
the terms of this Resolution.
Duly adopted this 6h day of October, 2014 by the following vote:
AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements
NOES None
ABSENT: None
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