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247.2015 Res Approving BayBrook Waiver Variance Application to Sewer Hookup 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.: 247,2015 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess 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 a two (2) year 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 July 6t`, 2015 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, July 20th 2015, 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 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 1 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 two (2) year extension of time or until July 20t`, 2017 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 and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. 2 Duly adopted this 20'h day of July, 2015 by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Irish 3