423.2006
RESOLUTION APPROVING DAVID KENNY’S APPLICATION FOR
VARIANCE/WAIVER REQUEST FROM SANITARY SEWER
CONNECTION REQUIREMENT CONCERNING ADIRONDACK OUTLET
MALL PROPERTY LOCATED AT 1444 STATE ROUTE 9
RESOLUTION NO.: 423, 2006
INTRODUCED BY: Mr. John Strough
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, David Kenny has applied to the Town Board for a variance/waiver from Town
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Code 136-44 for an extension of the Town’s connection requirements to connect the Adirondack
Outlet Mall property located at 1444 State Route 9 to the Town of Queensbury’s Route 9 Sewer
District as the Applicant states that the hook-up is complete pending final plumbing service, 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 September 11, 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 David Kenny’s application for a
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variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers required”
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and grants a one year extension of time or until September 11, 2007 in which to connect the
Adirondack Outlet Mall property located at 1444 State Route 9, Queensbury (Tax Map No.: 288.12-
1-22) 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 11 day of September, 2006 by the following vote:
AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT:None