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344.2014 Approve 697 Upper Glen Street Waiver Request Sanitary Sewer RESOLUTION APPROVING 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.: 344,2014 INTRODUCED BY: Mr. Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier 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 26t`, 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 6th 2014, 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 1 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 Queensbury Town Board hereby approves 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 the applicant a two (2) year extension of time or until October 6h, 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 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 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 BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Civil 2 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 Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None 3