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WASTEWATER\Variance From West Qby Sewer District/Variance to NOT connect to sewer district-Halcyon Properties-
APPROVE or DISAPPROVE-4-1-19
RESOLUTION APPROVING (OR' DISAPPROVING
HALCYON PROPERTIES, INC.'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, Halcyon Properties, Inc., (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 at 377 Corinth Road, Queensbury to the West
Queensbury Sanitary Sewer District, as application states that the present use of the property and
the distance from the improvement to the end of the sewer pipeline would make a tie-in cost
prohibitive, as set forth in the March 11, 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 Halcyon Properties, Inc.;
and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves [OR] disapproves
Halcyon Properties, Inc. (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 at 377 Corinth Road, Queensbury (Tax Map No.:
308.16-2-14) to the Town of Queensbury's West Queensbury Sanitary Sewer District, [provided
that Applicant connect to the West Queensbury 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
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West Queensbury Sanitary Sewer District,and
BE IT FURTHER,
RESOLVED, that Applicant shall pay all charges due as if its property was connected
to the West Queensbury 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, andi
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 1st day of April,2019 by the following vote:
AYES :
NOES :
ABSENT:
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