083.2010 Swr. Var. Parillo
RESOLUTION APPROVING FRANK PARILLO’S APPLICATION FOR
VARIANCE/WAIVER REQUEST FROM SANITARY SEWER
CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED
AT 1011 STATE ROUTE 9
RESOLUTION NO.: 83, 2010
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
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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, Frank Parillo applied to the Town Board for a variance/waiver from Town Code
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136-44 for an extension of the Town’s connection requirements to connect his property located at
1011 State Route 9 (formerly Jeckel Honda) to the Town of Queensbury’s Route 9 Sewer District as
the Applicant states that he plans to redevelop the property, one of the two buildings on the property is
vacant and unused and the other building is being leased to Bounce Around, Inc., which employs only
three people, and the property’s on-site septic system is in good condition and functioning properly, as
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set forth in his December 30, 2009 letter and application, and
WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicants and the
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Town Board conducted a hearing concerning the variance/waiver request on Monday, January 25,
2010,
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 Frank Parillo’s application for a
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variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers required”
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and grants a one year extension of time or until January 25, 2011 in which to connect the Applicant’s
property located at 1011 State Route 9, Queensbury (Tax Map No.: 296.13-1-23) to the Town of
[provided that:
Queensbury’s Route 9 Sewer District,
1.the Applicant demonstrates that the property’s septic system is being maintained
by providing the Town’s Wastewater Director with an 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,
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RESOLVED, that the Applicant shall pay all charges due as if its property was
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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.
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Duly adopted this 25 day of January, 2010 by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: Mr. Montesi
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