106.2019 Res. Approve Halcyon Properties from Connecting to Sewer
RESOLUTION APPROVING HALCYON PROPERTIES, INC.’S
APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY
SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE
CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL
RESOLUTION NO.: 106, 2019
INTRODUCED BY: Mrs. Jennifer Switzer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
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, Halcyon Properties, Inc., (Applicant) applied to the Town Board for a
variance/waiver from Town Code §136-44.1 for an exemption from the Town’s connection
requirements to connect its property located at 377 Corinth Road, Queensbury to the West
Queensbury Sanitary Sewer District, as application states that the present use of the property and the
distance from the improvement to the end of the sewer pipeline would make a tie-in cost prohibitive, as
set forth in the March 11, 2019 application, and
WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the
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Town Board conducted a hearing concerning the variance/waiver request on Monday, April 1, 2019,
NOW, THEREFORE, BE IT
RESOLVED, that
a) due to the nature of the variance/waiver request, the Queensbury Town Board determines
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that the 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 Town of
Queensbury; and
b) the Town Board finds that the granting of the variance/waiver is reasonable and would
alleviate unnecessary hardship on Halcyon Properties, Inc.; and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves Halcyon Properties, Inc.
(Applicant)’s application for a variance/waiver from Queensbury Town Code Chapter 136, §136-44
“Connection to sewers required” and hereby grants Applicant a two (2) year extension of time or until
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April 1, 2021 from the requirement to connect its property located at 377 Corinth Road, Queensbury
(Tax Map No.: 308.16-2-14) to the Town of Queensbury’s West Queensbury Sanitary Sewer District,
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 West Queensbury Sanitary
Sewer District, and
BE IT FURTHER,
RESOLVED, that Applicant shall pay all charges due as if its property was connected to the
West Queensbury Sanitary Sewer District, and
BE IT FURTHER,
RESOLVED, that the variance/waiver’s requirement to pay sewer rents shall commence upon
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the installation of the water meter, 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.
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Duly adopted this 1 day of April, 2019 by the following vote:
AYES : Mrs. Switzer, Mr. Strough, Mrs. Atherden, Mr. Ferone
NOES : None
ABSENT:Mr. Metivier
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