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BOH02.93 RESOLUTION TO DENY VARIANCE - HOWARD DENISON RESOLUTION 2, 93 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby denies the application for a variance by Mr. Howard Denison for the reasons that have been set forth in Mr. Hatin's and Mr. Flaherty's letters and in addition that he was given more than enough time to correct the problem and chose not to do so and finally that absent any evidence to the contrary because he did not show up at the public hearing we cannot make any other decision. Attorney Dusek-Do you feel that this is not a proper existence to have a septic tank and a water pipe together? Councilman Caimano-Right Supervisor Brandt-I do not think there is no question. Councilman Tucker-That is what the law says. Councilman Caimano-That is what we are saying we are backing up ... Councilman Tucker-That is what the law says. Councilman Caimano-I will second it. Supervisor Brandt-The motion has been made and seconded, any discussion? I would like to point out that it seems to me this person did have a right to come to us and appeal this and I do not think we have a right to be vindictive because he choose that course. I think the right thing to do is to modify your motion a little bit and to give them time to react after frost and that is all I would ask. Councilman Caimano-My only comment is that I do not thing that for my stand point I am being vindictive, I do not have any evidence that he has any interest in trying to solve this thing because he did not show up nor did he send information to us. Councilman Monahan-Well if Mike wants to amend the motion, he has that right to do it and we have to vote on that amendment first. RESOLUTION TO AMEND PREVIOUS MOTION RESOLUTION NO. 3, 93 Supervisor Brandt-I would propose an amendment that it be enforced middle of May Seconded by Mrs. Betty Monahan Supervisor Brandt-So on the amendment any discussion? Councilman Goetz-What is the final time period? Councilman Monahan-A yes will mean that he gets extended to what did you say Mike, May? Supervisor Brandt-May 15th. Duly adopted this 8th day of February, 1993 by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: Mr. Caimano, Mr. Tucker ABSENT: None RESOLUTION TO APPROVE MOTION AS AMENDED RESOLUTION NO. 2, 93 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby denies the application for a variance by Mr. Howard Denison for the reasons that have been set forth in Mr. Hatin's and Mr. Flaherty's letters and in addition that he was given more than enough time to correct the problem and choose not to do so and finally that absent any evidence to the contrary because he did not show up at the public hearing we cannot make any other decision and be it further RESOLVED, that there is a extension of time until May 15th 1993 to correct the problem. Duly adopted this 8th day of February, 1993 by the following vote: AYES: Mrs. Goetz, Mrs. Monahan, Mr. Brandt NOES; Mr. Caimano, Mr. Tucker ABSENT: None