094.2010 MT Associates Variance
RESOLUTION APPROVING M.T. ASSOCIATE’S APPLICATION FOR
VARIANCE/WAIVER REQUEST FROM SANITARY SEWER
CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED
AT 1477 STATE ROUTE 9
RESOLUTION NO.: 94, 2010
INTRODUCED BY: Mr. Anthony Metivier
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, M.T. Associates (Applicant) applied to the Town Board for a variance/waiver
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from Town Code 136-44 for an extension of the Town’s connection requirements to connect its
property located at 1477 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the
Applicant states that the property has not been occupied for approximately five (5) years, the current
building will be eventually removed and replaced with new construction, and the property’s on-site
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septic tank was pumped out in December, 2009, as set forth in the Applicant’s December 23, 2009
application, 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, February 1,
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 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 not
alleviate unnecessary hardship on the Applicant; and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves M.T. Associates’ 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 February 1, 2011 in which to connect the Applicant’s
property located at 1477 State Route 9, Queensbury (Tax Map No.: 288.-1-59) 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 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,
RESOLVED, that the Applicant shall pay all charges due as if its property was connected to
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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 1 day of February, 2010 by the following vote:
AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: Mr. Montesi
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