1.2 1.2
WASTEWATERWariance From Qby Consolidated District Comiection/Variance to NOT comiect to seNver district-BAYBROOK-
APPROVE or DISAPPROVE-4-2-12
RESOLUTION APPROVING/DISAPPROVING BAYBROOK II, LLC'S
APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY
SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE
CHAPTER 136- SEWERS AND SEWAGE DISPOSAL
RESOLUTION NO.: ,2012
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
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, Baybrook II, LLC (Applicant) applied to the Town Board for a variance/waiver
from Town Code §136-44.1 for an extension of the Town's connection requirements to connect its
property located at 3-4, 7-9 Bay Brook Drive (six separate apartment buildings) to the Queensbury
Consolidated Sanitary Sewer District as set forth in its February 27d`, 2012 application, and
WHEREAS, the Town Clerk's Office mailed a Notice of Hearing to the Applicant and the
Town Board conducted a hearing concerning the variance/waiver request on Monday, April 2nd, 2012,
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/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/is not reasonable and
would/would not alleviate unnecessary hardship on the applicants; and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves/disapproves Baybrook II,
LLC's application for a variance/waiver from Queensbury Town Code Chapter 136, §136-44
"Connection to sewers required" and hereby grants/denies Baybrook II, LLC a three (3) year
extension of time or until April 2"d, 2015 in which to connect its property located at 3-4, 7-9 Bay
Brook Drive, Queensbury (Tax Map No.: 296.11-1-28) to the Town of Queensbury's Queensbury
Consolidated Sanitary Sewer District, [provided that Baybrook H, LLC connect to the
Oueensbury Consolidated Sanitary Sewer District within three (3) 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 Oueensbury 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 Oueensbury Consolidated Sanitary Sewer District,
BE IT FURTHER,
RESOLVED, that Baybrook H, LLC shall pay all charges due as if its property was
connected to the Oueensbury Consolidated Sanitary 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.
Duly adopted this 2nd day of April, 2012 by the following vote:
AYES
NOES
ABSENT:
3