315.2007
RESOLUTION APPROVING JOLLEY ASSOCIATES’ APPLICATION FOR
VARIANCE/WAIVER REQUEST FROM SANITARY SEWER
CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED
AT 1412 STATE ROUTE 9
RESOLUTION NO.: 315, 2007
INTRODUCED BY: Mr. Richard Sanford
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue
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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, Jolley Associates has applied to the Local Board of Health for a second
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variance/waiver from 136-44 as Jolley Associates has requested a second extension of time in which
to complete the connection of the Mobil Station property located at 1412 State Route 9 to the Town
of Queensbury’s Route 9 Sewer District, as the Applicant states that they are currently applying for a
permit to re-build the facility and when such work is completed, the new facility will be connected to
the Sewer District, and the current septic system is functioning properly, as more fully set forth in the
Applicant’s 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, July 2, 2007,
NOW, THEREFORE, BE IT
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RESOLVED, that
a) due to the nature of the variance/waiver request, the Queensbury Town Board determines
that 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 the Applicant; and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves Jolley Associates’ application for a
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variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers required”
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and grants a one year extension of time or until July 2, 2008 in which to connect its Exit 20 Mobil
Station property located at 1412 State Route 9, Queensbury (Tax Map No.: 288.16-1-3) to the Town
of Queensbury’s Route 9 Sewer District, provided that if there is any increase in septic use or
additional bathroom facilities added, then such variance shall immediately terminate unless the
Queensbury Town Board review and approves a new application for a variance/waiver, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director
and/or Town Fiscal Manager to take any actions necessary to effectuate the terms of this Resolution.
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Duly adopted this 2 day of July, 2007 by the following vote:
AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
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