425.2006
RESOLUTION APPROVING DAVID KENNY AND JOHN BROCK’S
APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY
SEWER CONNECTION REQUIREMENT CONCERNING THEIR
PROPERTY LOCATED AT 1468 STATE ROUTE 9
RESOLUTION NO.: 425, 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, David Kenny and John Brock 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 Kenny-Brock Partnership property located at 1468State Route 9 to the Town of
Queensbury’s Route 9 Sewer District as the Applicants state that there are potential issues with a road
development planned along the south edge of the property line and they wish to discuss all options that
may impact the required sewer connection, 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 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 Applicants; and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves David Kenny and John Brock’s
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application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to
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sewers required” and grants a one year extension of time or until September 11, 2007 in which to
connect their property located at 1468 State Route 9, Queensbury (Tax Map No.: 288.12-1-19) 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. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford
NOES : None
ABSENT:None