361.2005
RESOLUTION APPROVING SUTTON’S MARKET PLACE’S
APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY
SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE
CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL
RESOLUTION NO.: 361, 2005
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
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, Sutton’s Market Place (Sutton’s) has applied to the Local Board of Health for a
§
variance/waiver from 136-44, as Sutton’s has requested a two-year extension from the Town’s
connection requirements to connect Sutton’s Furniture Store, Toy Cottage and residential house
properties to the Town of Queensbury’s Route 9 Sewer District, as neither the Furniture Store nor Toy
Cottage offers facilities to the public and Sutton’s feels the current one-person facility in each building
is for employee use only, making water usage very minimal, each building has its own 1,000 gallon,
properly functioning and well-maintained septic tank, and so it would not be cost effective to connect
to the Town of Queensbury, and the residential building is located at least 1,500’ from the sanitary
main and has a properly installed and fully operational system in back of the house, all as more fully set
th
delineated in Sutton’s June 17, 2005 letter and application, and
WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to Sutton’s and the Town
st
Board conducted a hearing concerning the variance/waiver request on August 1, 2005,
1
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 Queensbury Town Board hereby approves Sutton’s Market Place
§
(Sutton’s) application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44
“Connection to sewers required” and hereby grants Sutton’s a two-year extension of time or until
st
August 1, 2007 in which to connect the Sutton’s Furniture Store, Toy Cottage and residential house
properties located at 1066 State Route 9, Queensbury 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,
Deputy Wastewater Director and/or Budget Officer to take any actions necessary to effectuate the
terms of this Resolution.
2
st
Duly adopted this 1 day of August, 2005 by the following vote:
AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
3