457.2005
RESOLUTION APPROVING MARK MOSKOWITZ D.D.S.’ APPLICATION
FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER
CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER
136 – SEWERS AND SEWAGE DISPOSAL
RESOLUTION NO.: 457, 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
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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, Mark Moskowitz, DDS has applied to the Town Board for a variance/waiver
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from 136-44 for a one year extension of the Town’s connection requirements to connect his property
to the Town of Queensbury’s Route 9 Sewer District as he is unable to obtain a contractor by the
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Town’s deadline, as set forth in Dr. Moskowitz’ August 24, 2005 application, and
WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to Dr. Moskowitz and the
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Town Board conducted a hearing concerning the variance/waiver request on September 26, 2005,
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
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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 Mark Moskowitz D.D.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 one-year extension of time or until September 26, 2006 in which to connect his
property located at 1092 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.
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Duly adopted this 26 day of September, 2005 by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Strough
NOES : None
ABSENT: Mr. Turner
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