2.1 2.1
WASTEWATERWanance From Route 9 ComiectionWanance to NOT Comiect—697 Upper Glen Street-APPROVE or
DISAPPROVE-10-6-14
RESOLUTION APPROVING/DISAPPROVING 697 UPPER GLEN
STREET 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.: ,2014
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, 697 Upper Glen Street 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 989 State Route 9, Queensbury to the Route 9 Sanitary Sewer
District as set forth in its August 26h, 2014 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, October 61h
2014,
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 Applicant; and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves/disapproves 697 Upper
Glen Street LLC's application for a variance/waiver from Queensbury Town Code Chapter 136, §136-
44 "Connection to sewers required" and hereby grants/denies the applicant a two (2) year extension
of time or until October 6th, 2016 in which to connect its property located at 989 State Route 9,
Queensbury (Tax Map No.: 296.13-1-22) to the Town's Route 9 Sanitary Sewer District, [provided
that the Applicant connect to the Route 9 Sanitary Sewer District within two (2) 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 Route 9 Sanitary Sewer
District,
BE IT FURTHER,
RESOLVED, that Applicant shall pay all charges due as if its property was connected to
the Route 9 Sanitary Sewer District, and]
2
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Supervisor, Civil
Engineer/Wastewater Director and/or Town Budget Officer to take any actions necessary to effectuate
the terms of this Resolution.
Duly adopted this 6h day of October, 2014 by the following vote:
AYES
NOES
ABSENT:
3