158.2006
RESOLUTION APPROVING CUMBERLAND FARMS, INC.’S
APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY
SEWER CONNECTION REQUIREMENT CONCERNING THE
CUMBERLAND FARMS CONVENIENCE STORE PROPERTY LOCATED
ON KENDRICK ROAD/ STATE ROUTE 9
RESOLUTION NO.: 158, 2006
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr Richard Sanford
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, Cumberland Farms, Inc., (Applicant) has applied to the Town Board for a
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variance/waiver from Town Code 136-44 for a two year extension of the Town’s connection
requirements to connect the Cumberland Farms Convenience Store property to the Town of
Queensbury’s Route 9 Sewer District, as the Applicant states that it will likely remodel the building in
the next one to two years and therefore would prefer to spend money once and the property’s current
septic system is functioning, 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 March 20, 2006,
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 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 Cumberland Farms, Inc.’s application for
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a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers
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required” and grants a two year extension of time or until March 20, 2008 in which to connect the
Cumberland Farms Convenience Store property located at Kendrick Road and State Route 9,
Queensbury (Tax Map No.: 296.13-1-69) 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 Budget Officer to take any actions necessary to effectuate the terms of this Resolution.
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Duly adopted this 20 day of March, 2006 by the following vote:
AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
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