105.2019 Res. Approve Bay Road Self Storage from Connection to Sewers
RESOLUTION APPROVING 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.: 105, 2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
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
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Town Board conducted a hearing concerning the variance/waiver request on Monday, April 1, 2019,
NOW, THEREFORE, BE IT
RESOLVED, that
a) due to the nature of the variance/waiver request, the Queensbury Town Board determines
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that the granting of the variance/waiver 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 reasonable and would
alleviate unnecessary hardship on Bay Road Self Storage, LLC; and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves 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 Applicant an exemption 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, 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
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
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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.
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Duly adopted this 1 day of April, 2019 by the following vote:
AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mrs. Atherden
NOES : None
ABSENT:Mr. Metivier
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