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341.2006 RESOLUTION APPROVING PETER AND SHARON DYKSHOORN’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 40 CLARK STREET RESOLUTION NO.: 341, 2006 INTRODUCED BY: Mr. Tim Brewer 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, Peter and Sharon Dykshoorn have applied to the Town Board for a § variance/waiver from Town Code 136-44 to disconnect their property located at 40 Clark Street from the Town of Queensbury’s Reservoir Park Sewer District as the Applicants state that the sewer line currently connecting their property to the Sewer District and located beneath the Dykshoorn’s paved driveway and Clark Street, is constructed of orangeburg pipe which is breaking down due to tree roots, resulting in sewage backing up into the property’s basement, and in order to replace the sewer line, the Dykshoorn’s paved driveway and Clark Street must be torn up and replaced since the current and only possible connection lies diagonally across Clark Street and the 153’ connection length provides little opportunity for improving the pitch and therefore the sewage back-up may not be solved with PVC pipe replacement, as more fully set forth in the Applicant’s application, and WHEREAS, Mr. and Mrs. Dykshoorn propose to obtain all necessary permits and construct a private septic system on their property in accordance with all Town of Queensbury and/or Board of Health Codes, and 1 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 July 17, 2006, NOW, THEREFORE, BE IT 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 Peter and Sharon Dykshoorn’s § application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers required” and grants an exemption to Mr. and Mrs. Dykshoorn from the requirement that they remain connected to the Town of Queensbury’s Reservoir Park Sewer District and approves of the disconnection of their 40 Clark Street property (Tax Map No.: 302.17-2-80) from the Sewer District provided that Mr. and Mrs. Dykshoorn obtain all necessary permits and construct a private septic system on their property in accordance with all Town of Queensbury and/or Board of Health Codes and Mr. and Mrs. Dkyshoorn agreeing to pay the full usual sewer rents for the property, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director 2 and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of July, 2006 by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 3