115.2012 Swr Waiver BayBrook RESOLUTION APPROVING 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.: 115,2012
INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
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
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
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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 applicants; and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves Baybrook II, LLC's
application for a variance/waiver from Queensbury Town Code Chapter 136, §136-44 "Connection to
sewers required" and hereby grants Baybrook II, LLC a three (3) year extension of time or until April
2nd 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 II, LLC connect to the Queensbury 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 Queensbury 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 Queensbury Consolidated Sanitary Sewer District,
BE IT FURTHER,
RESOLVED,that Baybrook II, LLC shall pay all charges due as if its property was connected
to the Queensbury Consolidated Sanitary Sewer District, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director
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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 Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES None
ABSENT: None
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