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210.2009 APPROVING RESOLUTION LAKE GEORGE CAMPSITES, LLC’S APPLICATION FOR THIRD VARIANCE/ WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 210, 2009 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 § 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, Lake George Campsites, LLC (Applicant) applied to the Town Board for a third § variance/waiver from 136-44 to connect its property located at 1053 State Route 9 to the Town of Queensbury’s Route 9 Sewer District, as the Applicant states that it is still working towards completion of sewer connection plans and the property’s four (4) on-site septic systems continue to be used to treat and dispose of sanitary waste, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the Town th Board conducted a hearing concerning the variance/waiver request on Monday, June 15, 2009, NOW, THEREFORE, BE IT RESOLVED, that 1 a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the temporary 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 the Applicant; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves Lake George Campsites, § LLC’s application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers required” and hereby grants Lake George Campsites, LLC a one-year extension th of time or until June 15, 2010 in which to connect its property located at 1053 State Route 9, p Queensbury (Tax Map No.: 295.12-1-6) to the Town of Queensbury’s Route 9 Sewer District, rovided that 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 review and approves , a new application for a variance/waiver and BE IT FURTHER, RESOLVED, that Lake George Campsites, LLC shall pay all charges due as if its property was connected to the Route 9 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. 2 th Duly adopted this 15 day of June, 2009 by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None 3