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157.2006 RESOLUTION APPROVING C.J. BECKOS AND GEORGIA BECKOS- WOOD’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING MONTCALM RESTAURANT PROPERTY LOCATED AT 1415 STATE ROUTE 9 RESOLUTION NO.: 157, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue § 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, C. J. Beckos and Georgia Beckos-Wood (Applicants) have applied to the Town § Board for a variance/waiver from Town Code 136-44 for a one year extension of the Town’s connection requirements to connect their Montcalm Restaurant property to the Town of Queensbury’s Route 9 Sewer District, as the Applicants state that there is a change of use issue pending on the property, the current sewage disposal system is working fine and it is regularly maintained, 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 th Town Board conducted a hearing concerning the variance/waiver request on March 20, 2006, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines 1 that 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 Applicants; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves C. J. Beckos and Georgia Beckos- § Wood’s application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 th “Connection to sewers required” and grants a one year extension of time or until March 20, 2007 in which to connect the Montcalm Restaurant property located at 1415 State Route 9, Queensbury (Tax Map No.: 288.-1-52 and 288.1-53) to the Town of Queensbury’s Route 9 Sewer District, provided that if there is any 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 Town Board authorizes the Town Supervisor, Wastewater Director and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of March, 2006 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None 2