473.2005
RESOLUTION APPROVING EDWARD AND NORMA BAERTSCHI’S
APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY
SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE
CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL
RESOLUTION NO.: 473, 2005
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
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 (2) years from the date of notice, and
WHEREAS, Edward and Norma Baertschi have applied to the Town Board for a
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variance/waiver from 136-44 for a two-year extension of the Town’s connection requirements to
connect their property to the Town of Queensbury’s Route 9 Sewer District as there is a stone wall on
the property which may make the connection difficult or impossible and the property’s current septic
tank with leach field is properly functioning and very little water is being used, as more fully set forth in
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the Baertschis’ September 19, 2005 application, and
WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to Mr. and Mrs. Baertschi
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and the Town Board conducted a hearing concerning the variance/waiver request on October 3,
2005,
NOW, THEREFORE, BE IT
RESOLVED, that
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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 Edward and Norma Baertschi’s
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application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to
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sewers required” and grants a two-year extension of time or until October 3, 2007 in which to
connect their property located at 1204 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 3 day of October, 2005 by the following vote:
AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES : None
ABSENT: None
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