540.2005
RESOLUTION APPROVING TURN PIKE ENTERPRISES, INC.’S
APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY
SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE
CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL
RESOLUTION NO.: 540, 2005
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
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, Turn Pike Enterprises, Inc., has applied to the Town Board for a variance/waiver
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two-year extension
from 136-44 for a of the Town’s connection requirements to connect the Glen
Drive-In property to the Town of Queensbury’s Route 9 Sewer District, as the property is used as a
seasonal drive-in movie theatre serviced by a properly functioning, serviced and annually inspected
septic system with a 1,000 gallon tank and there are no malfunctions with such septic system, and in
order to connect to the Sewer District, the sewage would need to be pumped uphill from the building
thus requiring a pump station, grinder and force main, and no firm estimates were obtained as plans
required to obtain such estimates were quoted at $1,500, as more fully set forth in Turn Pike
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Enterprises, Inc.’s October 18, 2005 application presented at this meeting,
WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to Turn Pike Enterprises,
Inc., and the Town Board conducted a hearing concerning the variance/waiver request on November
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28, 2005,
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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 Turn Pike Enterprises, Inc.’s sewer
983 State
connection variance/waiver application concerning the Glen Drive-In property located at
Route 9
, Queensbury (Tax Map No.: 296.13-1-20) for a variance/waiver from Queensbury Town
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year extension
Code Chapter 136, 136-44 “Connection to sewers required” and grants a 2 of time in
which to connect the Glen Drive-In property located at 983 State Route 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 28 day of November, 2005 by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner
NOES : None
ABSENT: None
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