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WASTEWATER\Variance From Qby Consolidated District Connection/Variance to NOT connect to sewer district-Bay Road Self
Storage-APPROVE or DISAPPROVE-4-1-19
RESOLUTION APPROVING [OR] DISAPPROVING BAY ROAD SELF
STORAGE, 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.: ,2019
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
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, Bay Road Self Storage, LLC (Applicant) applied to the Town Board for a
variance/waiver from Town Code §136-44.1 for an exemption from the Town's connection
requirements to connect its property located on Bay Road, adjacent to Duke Industrial Park Road,
Queensbury to the Queensbury Consolidated Sanitary Sewer District, with the understanding that
any waiver approval would be based on the self-storage use and redevelopment of the property with
a different use would negate the waiver, as set forth in its February 27,2019 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, April 1st,
2019,
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NOW, THEREFORE, BE IT
RESOLVED,that
a) due to the nature of the variance/waiver request, the Queensbury Town Board
determines that the granting of the variance/waiver would [OR] would not be
materially detrimental to 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 [OR] is not reasonable
and would [OR] would not alleviate unnecessary hardship on Bay Road Self Storage,
LLC; and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves [OR] disapproves Bay
Road Self Storage, LLC (Applicant)'s application for a variance/waiver from Queensbury Town
Code Chapter 136, §136-44 "Connection to sewers required" and hereby grants [OR] denies
Applicant [an exemption] OR [a two (2)year extension of time or until April 1st,2021] from the
requirement to connect its property located on Bay Road, adjacent to Duke Industrial Park Road,
Queensbury (Tax Map No.: 302.8-2-23) to the Town of Queensbury's Queensbury Consolidated
Sanitary Sewer District, [provided that Applicant connect to the Queensbury Consolidated
Sanitary Sewer District within three (3) 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 Queensbury Consolidated Sanitary Sewer District,and
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BE IT FURTHER,
RESOLVED, that Applicant shall pay all charges due as if its property was connected
to the Queensbury Consolidated Sanitary Sewer District,and
BE IT FURTHER,
RESOLVED, that the variance/waiver's requirement to pay sewer rents shall
commence upon the installation of the water meter, and]
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director
and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution.
Duly adopted this 1 s`day of April,2019 by the following vote:
AYES :
NOES :
ABSENT:
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