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540.2005 RESOLUTION APPROVING TURN PIKE ENTERPRISES, INC.’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 540, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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, Turn Pike Enterprises, Inc., has applied to the Town Board for a variance/waiver § two-year extension from 136-44 for a of the Town’s connection requirements to connect the Glen Drive-In property to the Town of Queensbury’s Route 9 Sewer District, as the property is used as a seasonal drive-in movie theatre serviced by a properly functioning, serviced and annually inspected septic system with a 1,000 gallon tank and there are no malfunctions with such septic system, and in order to connect to the Sewer District, the sewage would need to be pumped uphill from the building thus requiring a pump station, grinder and force main, and no firm estimates were obtained as plans required to obtain such estimates were quoted at $1,500, as more fully set forth in Turn Pike th Enterprises, Inc.’s October 18, 2005 application presented at this meeting, WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to Turn Pike Enterprises, Inc., and the Town Board conducted a hearing concerning the variance/waiver request on November th 28, 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 Town Board hereby approves Turn Pike Enterprises, Inc.’s sewer 983 State connection variance/waiver application concerning the Glen Drive-In property located at Route 9 , Queensbury (Tax Map No.: 296.13-1-20) for a variance/waiver from Queensbury Town § year extension Code Chapter 136, 136-44 “Connection to sewers required” and grants a 2 of time in which to connect the Glen Drive-In property located at 983 State Route 9 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 th Duly adopted this 28 day of November, 2005 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None 3