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164.2008 RESOLUTION APPROVING CUMBERLAND FARMS, 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.: 164, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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, Cumberland Farms, Inc., (Applicant) applied to the Town Board for a second § variance/waiver from 136-44 to connect the Cumberland Farms Convenience Store property located on Route 9 and Kendrick Road to the Town of Queensbury’s Route 9 Sewer District, as the Applicant states that it is looking to remodel the building in the spring of 2008 and the property’s current septic system is functioning as more fully set forth in the application presented at this meeting, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the rd Town Board duly conducted a hearing concerning the variance/waiver request on Monday, March 3, 2008, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines 1 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 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 Cumberland Farms, Inc. § (Applicant)’s application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers required” and hereby grants the Applicant a one-year extension of time or until rd March 3, 2009 in which to connect its properties located at Route 9 and Kendrick Road, Queensbury (Tax Map No.: 296.13-1-69) to the Town of Queensbury’s Route 9 Sewer District, provided that 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 review and approves a new application for a variance/waiver, and BE IT FURTHER, RESOLVED, that the Applicant shall pay all charges due as if its 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 Budget Officer to take any actions necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of March, 2008 by the following vote: 2 AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 3