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422.2006 RESOLUTION APPROVING BARCY ENTERPRISES, INC.’S’ APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING REMINGTON BAR & GRILL PROPERTY LOCATED AT 940 STATE ROUTE 9 RESOLUTION NO.: 422, 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 § 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, Barcy Enterprises, Inc. applied to the Town Board for a variance/waiver from § Town Code 136-44 for an extension of the Town’s connection requirements to connect its Remington Bar & Grill property located at 940 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that the building is for sale and could be sold as something other than a restaurant and grease traps would then not be needed if that occurs and the property’s current system is in working order and poses no problems, 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 th Town Board conducted a hearing concerning the variance/waiver request on September 11, 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 Barcy Enterprises, Inc.’s application for a § variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers required” th and grants a one year extension of time or until September 11, 2007 in which to connect the Remington Bar & Grill property located at 940 State Route 9, Queensbury (Tax Map No.: 296.13-1- 11) 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. th Duly adopted this 11 day of September, 2006 by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT:None