400.2006
RESOLUTION APPROVING LAKE GEORGE PLAZA, LLC’S
APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY
SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY
LOCATED AT 1424 STATE ROUTE 9
RESOLUTION NO.: 400, 2006
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Richard Sanford
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, Lake George Plaza, LLC applied to the Town Board for a variance/waiver from
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Town Code 136-44 for an extension of the Town’s connection requirements to connect its property
located at 1424 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant
states that its contractor who has worked with the Applicant for the past 20 years has become seriously
ill and the Applicant is hopeful that the contractor will soon recover and be able to perform the
connection work, and the property’s current septic system is working fine, 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 August 21, 2006,
NOW, THEREFORE, BE IT
RESOLVED, that
a) due to the nature of the variance/waiver request, the Queensbury Town Board determines
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 Applicant; and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves Lake George Plaza, LLC’s application
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for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers
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one
required” and grants a year extension of time or until August 21, 2007 in which to connect its
property located at 1424 State Route 9, Queensbury (Tax Map No.: 288.16-1-1) 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.
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Duly adopted this 21 day of August, 2006 by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough
NOES : None
ABSENT: None