449.2007
APPROVING
RESOLUTION YUET HON AND
SO YING LING’S APPLICATION FOR VARIANCE/WAIVER REQUEST
FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH
IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL
RESOLUTION NO.: 449, 2007
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue
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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, Yuet Hon and So Ying Ling (Applicants) applied to the Town Board for a
§
second variance/waiver from Town Code 136-44 for a second extension of the Town’s connection
requirements to connect their Flower Drum Song Chinese Restaurant property located at 909 State
Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicants state that there may
possibly be a sale of the building and property and the current dry wells are properly functioning, as
more fully set forth in the Applicants’ application, and
WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicants and the
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Town Board conducted a hearing concerning the variance/waiver request on Monday, October 15,
2007,
NOW, THEREFORE, BE IT
RESOLVED, that
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a) due to the nature of the variance/waiver request, the Queensbury Town Board determines
/would not
that the temporary granting of the variance/waiver 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
iswould
b) the Town Board finds that the granting of the variance/waiver reasonable and
alleviate unnecessary hardship on the applicants; and
BE IT FURTHER,
approves
RESOLVED, that the Queensbury Town Board hereby Yuet Hon and So Ying
Ling’s (Applicants’) application for a variance/waiver from Queensbury Town Code Chapter 136,
§
grants
136-44 “Connection to sewers required” and hereby the Applicants a one-year extension of
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time or until October 15, 2008 in which to connect their property located at 909 State Route 9,
Queensbury (Tax Map No.: 296.17-1-38) to the Town of Queensbury’s Route 9 Sewer District,
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provided that 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 review and approves a new application for a variance/waiver, and
BE IT FURTHER,
RESOLVED, that the Applicants shall pay all charges due as if their property was
]
connected to the Route 9 Sewer District, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director
and/or Town Fiscal Manager to take any actions necessary to effectuate the terms of this Resolution.
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Duly adopted this 15 day of October, 2007 by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough
NOES: None
ABSENT:None
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