339.2009
RESOLUTION APPROVING KNIGHTS OF GLENS FALLS, INC.’S
APPLICATION FOR THIRD VARIANCE/WAIVER REQUEST FROM
SANITARY SEWER CONNECTION REQUIREMENT CONCERNING
PROPERTY LOCATED AT 989 STATE ROUTE 9
RESOLUTION NO.: 339, 2009
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
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, the Knights of Glens Falls, Inc., (Applicant) submitted its fourth application to the
§
Town Board for a fourth variance/waiver from Town Code 136-44 for an extension of the Town’s
connection requirements to connect its property located at 989 State Route 9 to the Town of
Queensbury’s Route 9 Sewer District, as the Applicant states that the building is being sold for much
less intense use and the purchaser has to spend considerable funds to retrofit to its retail use, as more
fully set forth in such application, and
WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the
nd
Town Board conducted a hearing concerning the variance/waiver request on Monday, November 2,
2009,
NOW, THEREFORE, BE IT
RESOLVED, that
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 Town Board hereby approves the Knights of Glens Falls, Inc.’s
§
application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to
nd
sewers required” and grants a two (2) year extension of time or until November 2, 2011 in which to
connect the Applicant’s property located at 989 State Route 9, Queensbury (Tax Map No.: 296.13-1-
22) to the Town of Queensbury’s Route 9 Sewer District, provided that:
1.the Applicant demonstrates that the property’s septic system is being maintained by
providing the Town’s Wastewater Director with a bi-annual invoice demonstrating that
the septic tanks and grease traps have been pumped and cleaned within the year, and
also that the grease traps are pumped and cleaned at a minimum, once a year; and
2.if there is any 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 the Applicant shall pay all charges due as if its property was connected to
the Route 9 Sewer District, and
2
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.
nd
Duly adopted this 2 day of November, 2009 by the following vote:
AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES: None
ABSENT: None
3