339.2020 Approving Northeast Power Systems Variance-Waiver from Sanitary Sewer Connection Requirement
RESOLUTION APPROVING 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.: 339, 2020
INTRODUCED BY: Mrs. Amanda Magee
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
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 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
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Town Board conducted a hearing concerning the variance/waiver request on Monday, October 19,
2020,
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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 granting of 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 NEPSI; and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves NEPSI’s (Applicant)’s
application for a variance/waiver from Queensbury Town Code Chapter 136, §136-44 “Connection to
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sewers required” and hereby grants Applicant a two (2) year extension of time or until October 19,
2022 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 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,
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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.
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Duly adopted this 19 day of October, 2020 by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee
NOES: None
ABSENT: None
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