381.2008
APPROVING
RESOLUTION JOHN JAROSZ’S APPLICATION FOR
SECOND VARIANCE/WAIVER REQUEST FROM SANITARY SEWER
CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER
136 – SEWERS AND SEWAGE DISPOSAL
RESOLUTION NO.: 381, 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, John Jarosz applied to the Town Board for a second variance/waiver from Town
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Code 136-44 to connect the Gambles Bakery property located at 920 State Route 9 to the Town of
Queensbury’s Route 9 Sewer District as the Applicant states that the property has a fully functioning
septic system and grease trap, 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 conducted a hearing concerning the variance/waiver request on Monday, August 18,
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 John Jarosz’s application for
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a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers
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required” and hereby grants John Jarosz a one-year extension of time or until August 18, 2009 in
which to connect the Gambles Bakery property located at 920 State Route 9, Queensbury (Tax Map
No.: 296.17-1-45) 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 John Jarosz shall pay all charges due as if its property was connected to the
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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 18 day of August, 2008 by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
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