402.2006
RESOLUTION APPROVING YUET HON AND SO YING LING’S
APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY
SEWER CONNECTION REQUIREMENT CONCERNING
FLOWER DRUM SONG CHINESE RESTAURANT PROPERTY
LOCATED AT 909 STATE ROUTE 9
RESOLUTION NO.: 402, 2006
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
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, Yuet Hon and So Ying Ling have applied to the Town Board for a
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variance/waiver from Town Code 136-44 for an extension of the Town’s connection requirements to
connect their Flower Drum Song Chinese Restaurant property located at 909 State Route 9 to the
Town of Queensbury’s Route 9 Sewer District as the Applicants state that they are in the process of
selling this property and new owners may wish to relocate a new structure on the site, and the current
septic system and leech field on the property are maintained, pumped and serviced, 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
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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 Applicants; and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves Yuet Hon and So Ying Ling’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 their
Flower Drum Song Chinese Restaurant property located at 909 State Route 9, Queensbury (Tax Map
No.: 296.17-1-38) 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. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None