393.2007
APPROVING
RESOLUTION JEFFREY SCHWARTZ’ APPLICATION
FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER
CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED
AT 980 STATE ROUTE 9
RESOLUTION NO.: 393, 2007
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
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, Jeffrey Schwartz applied to the Town Board for a variance/waiver from Town
§
Code 136-44 for a second extension of the Town’s connection requirements to connect his property
located at 980 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant
states the cost of connection to be $2,000 and the property’s current septic system is working properly,
th
as more fully set forth in the Applicant’s August 13, 2007 application, and
WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the
th
Town Board conducted a hearing concerning the variance/waiver request on September 10, 2007,
NOW, THEREFORE, BE IT
RESOLVED, that
a) due to the nature of the variance/waiver request, the Queensbury Town Board determines
would not
that the temporary granting of the variance/waiver 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
iswould
b) the Town Board finds that the granting of the variance/waiver reasonable and
alleviate unnecessary hardship on the applicant; and
BE IT FURTHER,
approves
RESOLVED, that the Town Board hereby Jeffrey Schwartz’ application for a
§
variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers required”
th
grants
and a one year extension of time or until September 10, 2007 in which to connect his property
located at 980 State Route 9, Queensbury (Tax Map No.: 296.13-1-67) to the Town of Queensbury’s
provided that if there is any increase in septic use or additional bathroom
Route 9 Sewer District,
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 Mr. Schwartz shall pay all charges due as if his property was
connected to the Route 9 Sewer District, 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.
th
Duly adopted this 10 day of September, 2007 by the following vote:
AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer
NOES: None
2
ABSENT:None
3