172.93
RESOLUTION APPROVING VARIANCE FROM
REQUIRED SEWER CONNECTIONS FOR
MR. ROBERT D. S. CONDIT
RESOLUTION NO. 172, 93
INTRODUCED BY: Mr. Nick Caimano
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Susan Goetz
WHEREAS, the Town Board of the Town of Queensbury is
authorized, pursuant to § 136-44.1 of the Code of the Town of
Queensbury, to, upon request, waive the sewer connection
requirement of § 136-44 thereof or vary the time in which such
connection must be made, provided that certain standards and
criteria or conditions are met or demonstrated and provided that a
certain procedure is followed, and
WHEREAS, in granting a variance or waiver, the Town Board may
consider one or all of the following circumstances:
(a) The distance from the building to the town sewer
pipeline to which connection is required.
(b) The cost of the connection.
(c) The existence or nonexistence of any physical
obstructions.
(d) The financial loss to be sustained by the property owner
in the event of nonuse of the current system.
(e) Whether the current sewage disposal system is properly
functioning.
(f) Whether any rights-of-way or easements are needed in
order for the applicant to make the connection to the
town sewer system.
(g) Whether strict application of the connection requirement
of § 136-44 would result in a specified difficulty to
the applicant, for which the applicant has not been
given a reasonable time to respond to or address, and
whether the variance or waiver would be materially
detrimental to the purposes of the sewer connection
requirement or that the property and the district in
which the property is located or otherwise conflict with
the description or objections of the plan or policy of
the town and that the interests of justice are served;
and
WHEREAS, if the Town Board finds any or all of the above
circumstances or conditions, the Town Board may grant the following
relief:
(a) In the event that circumstances giving rise to the
request are due to physical obstructions, costs
significantly greater than the usual sewer connection
costs, a distance greater than two hundred fifty (250)
feet from the sewer pipeline to the building or
structure to be connected or a documented inability to
obtain an easement or right-of-way over which the sewer
line must pass in order to connect to the town sewer
system, the Town Board may grant a permanent waiver from
the requirement that the applicant connect the subject
property, provided that the sewage disposal system
currently serving the property is operational, in
accordance with the Town of Queensbury laws and
regulations and appropriate New York State agency rules
and regulations, and
(b) In the event that the circumstances giving rise to the
request are due to excessive costs of connection, the
financial loss to be sustained by the property owner in
the event of nonuse of the current system or any other
specified difficulty which makes it difficult or
impractical for the applicant to connect to the town
sewer system and the applicant is willing to pay the
full and usual sewer rents or taxes accruing against the
property, the Town Board may grant an extension of time,
not exceeding two (2) years, in which to connect to the
town sewer system, provided that the sewage disposal
system currently serving the property is operational, in
accordance with the Town of Queensbury laws and
regulations and appropriate New York State agency rules
and regulations,
and
Mr. Robert D. S. Condit
WHEREAS, previously applied to the
Town Board of the Town of Queensbury for a variance and relief from
that part of the law requiring sewer connections upon the grounds
that:
The estimated cost of connection is $4,450.00
and the applicant states that he cannot afford
to have the work done;
and
WHEREAS, the applicant previously indicated that:
The septic tank and leach system both located
under the lawn on the west side of the
building are currently functioning properly
and have never created a problem. Also, the
building has only a 1/2 bath, with no bathing
or cooking facilities.
, and
WHEREAS, a notice of public hearing was given in the official
newspaper of the Town of Queensbury and a public hearing was held
in connection with the variance request on March 8, 1993, and
WHEREAS, the Town Board has received a report from Michael
Shaw, Waste Water Superintendent,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board hereby grants a temporary
variance until June 30th, 1993 so long as: sewer is hooked up
either by June 30th, 1993 or whenever it is sold, whichever comes
first.
Duly adopted this 8th day of March, 1993, by the following
vote:
AYES : Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz,
Mr. Brandt
NOES : None
ABSENT: None