416.2007
APPROVING
RESOLUTION BASKET BARN OF LAKE GEORGE’S
APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY
SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE
CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL
RESOLUTION NO.: 416, 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, Basket Barn of Lake George (Applicant) applied to the Town Board for a second
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variance/waiver from Town Code 136-44 for a second extension of the Town’s connection
requirements to connect its property located at 1457 State Route 9 to the Town of Queensbury’s
Route 9 Sewer District as the Applicant states that the building is not in use and will be on the market
to sell, and the property’s current septic system is functioning properly, as more fully set forth in the
Applicant’s 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 September 24, 2007,
NOW, THEREFORE, BE IT
RESOLVED, that
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
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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
is would
b) the Town Board finds that the granting of the variance/waiver reasonable and
alleviate unnecessary hardship on the applicant; and
BE IT FURTHER,
approves
RESOLVED, that the Queensbury Town Board hereby Basket Barn of Lake
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George’s application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44
grants
“Connection to sewers required” and hereby Basket Barn of Lake George a one-year extension
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of time or until September 24, 2008 in which to connect its property located at 1457 State Route 9,
Queensbury (Tax Map No.: 288.-1-57) to the Town of Queensbury’s Route 9 Sewer District,
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 Basket Barn of Lake George shall pay all charges due as if its
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 24 day of September, 2007 by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough
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NOES: None
ABSENT:None
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