104.2008
APPROVING
RESOLUTION KENNETH ERMIGER’S APPLICATION FOR
VARIANCE/WAIVER REQUEST FROM SANITARY SEWER
CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER
136 – SEWERS AND SEWAGE DISPOSAL
RESOLUTION NO.: 104, 2008
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
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, Kenneth Ermiger applied to the Town Board for a variance/waiver from Town
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Code 136-44 for an extension of the Town’s connection requirements to connect his Route 9 Car
Wash property located at 719 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as
the Applicant states that the property has a properly functioning septic system and recycled water
filtration system and the property is listed for sale for redevelopment, 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, January 28,
2008,
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
that the temporary 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 the Applicant; and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves Kenneth Ermiger’s
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application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to
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sewers required” and hereby grants Mr. Ermiger a one-year extension of time or until January 28,
2009 in which to connect his Route 9 Car Wash property located at 719 State Route 9, Queensbury
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(Tax Map No.: 296.17-1-42) 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 Kenneth Ermiger 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 Budget Officer to take any actions necessary to effectuate the terms of this Resolution.
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Duly adopted this 28 day of January, 2008 by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES: None
ABSENT: None
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