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WASTEWATER\Variance From West Qby Sewer District\Variance to NOT connect to sewer district-NEPSI-APPROVE or DISAPPROVE-10-19-
2020
RESOLUTION APPROVING (ORl DISAPPROVING
NORTHEAST POWER SYSTEMS, INC.'S (NEPSI'S) APPLICATION FOR
VARIANCE/WAIVER REQUEST FROM SANITARY SEWER
CONNECTION REQUIREMENT SET FORTH IN TOWN CODE
CHAPTER 136-SEWERS AND SEWAGE DISPOSAL
RESOLUTION NO.: ,2020
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to
issue 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, Northeast Power Systems, Inc.'s (NEPSI's), has applied to the Town Board
for a variance/waiver from Town Code §136-44.1 for an exemption from the Town's connection
requirements to connect its property located at 66 Carey Road, Queensbury to the West Queensbury
Sanitary Sewer District as set forth in its September 21,2020 application, and
WHEREAS, pursuant to Section 136-44.1(C)(5)(a), in order for the Town Board to
consider the granting of such a variance or waiver, the property owner must be willing to pay the
full and usual sewer rents,assessments and taxes accruing against the property, and
WHEREAS, the requested waiver appears to be based on costs of connection which
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provides any waiver shall be for a time period not to exceed two (2)years, and
WHEREAS, the Town Clerk's Office mailed a Notice of Hearing to the Applicant and the
Town Board conducted a hearing concerning the variance/waiver request on Monday, October 19th,
2020,
NOW, THEREFORE, BE IT
RESOLVED, that
a) due to the nature of the variance/waiver request, the Queensbury Town Board
determines that the granting of the variance/waiver would [OR] 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 [OR] is not reasonable
and would [OR] would not alleviate unnecessary hardship on NEPSI; and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves [OR] disapproves
NEPSI's (Applicant)'s application for a variance/waiver from Queensbury Town Code Chapter
136, §136-44 "Connection to sewers required" and hereby grants [OR] denies Applicant jail
exemption) OR [a two (2) year extension of time or until October 19th, 20221 from the
requirement to connect its property located at 66 Carey Road, Queensbury(Tax Map No.: 308.20-
1-6) to the Town of Queensbury's West Queensbury Sanitary Sewer District, [provided that
Applicant connect to the West Queensbury Sanitary Sewer District within two (2) years and
no further extensions will be granted and in the meantime] if there is any change in property
use, increase in septic use or additional bathroom facilities added, then such variance shall
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immediately terminate unless the Queensbury Town Board reviews and approves a new
application for a variance/waiver, and furthermore, if the septic system has been determined
to fail or is modified by the Applicant, or if ownership of the property is transferred,then the
variance is terminated as well and the property must connect to the West Queensbury
Sanitary Sewer District, and
BE IT FURTHER,
RESOLVED, that Applicant shall pay all charges due as if its property was connected
to the West Queensbury Sanitary Sewer District,and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director
and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution.
Duly adopted this 19`h day of October, 2020 by the following vote:
AYES :
NOES :
ABSENT:
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