164.2008
RESOLUTION APPROVING CUMBERLAND FARMS, 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.: 164, 2008
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
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, Cumberland Farms, Inc., (Applicant) applied to the Town Board for a second
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variance/waiver from 136-44 to connect the Cumberland Farms Convenience Store property located
on Route 9 and Kendrick Road to the Town of Queensbury’s Route 9 Sewer District, as the Applicant
states that it is looking to remodel the building in the spring of 2008 and the property’s current septic
system is functioning as more fully set forth in the application presented at this meeting, and
WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the
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Town Board duly conducted a hearing concerning the variance/waiver request on Monday, March 3,
2008,
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 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 Cumberland Farms, Inc.
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(Applicant)’s application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44
“Connection to sewers required” and hereby grants the Applicant a one-year extension of time or until
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March 3, 2009 in which to connect its properties located at Route 9 and Kendrick Road, Queensbury
(Tax Map No.: 296.13-1-69) 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 the Applicant 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 3 day of March, 2008 by the following vote:
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AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
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