510.2005
RESOLUTION APPROVING DAVID MENTER’S APPLICATION FOR
VARIANCE/WAIVER REQUEST FROM SANITARY SEWER
CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER
136 – SEWERS AND SEWAGE DISPOSAL
RESOLUTION NO.: 510, 2005
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
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
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WHEREAS, David Menter has applied to the Town Board for a variance/waiver from 136-
one-year extension
44 for a of the Town’s connection requirements to connect the Wakita Court
Motel property to the Town of Queensbury’s Route 9 Sewer District, as the existing 12-unit motel
building has an independent, properly functioning septic system which will not be used after October
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9, 2005 and will therefore be virtually unused between October 9, 2005 and the time when both the
new and existing motel buildings will be tied into the Town’s Route 9 Sewer District before the 2006
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season, as more fully set forth in Mr. Menter’s October 4, 2005 application presented at this meeting,
WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to Mr. Menter and the Town
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Board conducted a hearing concerning the variance/waiver request on November 7, 2005,
NOW, THEREFORE, BE IT
RESOLVED, that
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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 Menter’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 November 7, 2006 in which to connect the Wakita
Court Motel property located at 1130 State Route 9, Queensbury (Tax Map No.: 295.8-1-9) 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,
Deputy 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 7 day of November, 2005 by the following vote:
AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
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