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456.2005 RESOLUTION APPROVING DONNA SUTTON’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 456, 2005 INTRODUCED BY: Mr. Tim Brewer 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, Donna Sutton (Mrs. Sutton) has applied to the Town Board for a § one-yearextension variance/waiver from 136-44 for a of the Town’s connection requirements to connect the Village Collection property to the Town of Queensbury’s Route 9 Sewer District, as Mrs. th Sutton just purchased this property on August 18, 2005 and the property currently has a properly functioning one-person facility in the building for employee use only, making water usage very minimal, and a one year extension would enable Mrs. Sutton to complete all work necessary to the connect the th property to the Sewer District, as more fully delineated in Mrs. Sutton’s August 19, 2005 application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to Mrs. Sutton and the th Town Board conducted a hearing concerning the variance/waiver request on September 26, 2005, NOW, THEREFORE, BE IT 1 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 Donna Sutton’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 26, 2006 in which to connect the Village Collection property located at 1048 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. th Duly adopted this 26 day of September, 2005 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None 2 ABSENT: Mr. Turner 3