Town Board resolution RESOLUTION APPROVING KNIGHTS OF GLENS FALLS, INC.'S
APPLICATION FOR THIRD VARIANCE/WAIVER REQUEST FROM
SANITARY SEWER CONNECTION REQUIREMENT CONCERNING
PROPERTY LOCATED AT 989 STATE ROUTE 9
RESOLUTION NO.: 339,2009
INTRODUCED BY: Mr.Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
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, the Knights of Glens Falls, Inc., (Applicant) submitted its fourth application to
the Town Board for a fourth variance/waiver from Town Code §136-44 for an extension of the
Town's connection requirements to connect its property located at 989 State Route 9 to the Town of
Queensbury's Route 9 Sewer District, as the Applicant states that the building is being sold for
much less intense use and the purchaser has to spend considerable funds to retrofit to its retail use,
as more fully set forth in such application, and
WHEREAS, the Town Clerk's Office mailed a Notice of Hearing to the Applicant and the
Town Board conducted a hearing concerning the variance/waiver request on Monday, November
2nd,2009,
NOW,THEREFORE,BE TT
RESOLVED,that
a) due to the nature of the variance/waiver request, the Queensbury Town Board
determines that the temporary granting of 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 TT FURTHER,
RESOLVED, that the Town Board hereby approves the Knights of Glens Falls, 1nc.'s
application for a variance/waiver from Queensbury Town Code Chapter 136, §136-44 "Connection
to sewers required" and grants a two (2) year extension of time or until November 2"a, 2011 in
which to connect the Applicant's property located at 989 State Route 9, Queensbury(Tax Map No.:
296.13-1-22)to the Town of Queensbury's Route 9 Sewer District,provided that:
1. the Applicant demonstrates that the property's septic system is being maintained by
providing the Town's Wastewater Director with a bi-annual invoice demonstrating
that the septic tanks and grease traps have been pumped and cleaned within the year,
and also that the grease traps are pumped and cleaned at a minimum, once a year;
and
2. 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]T FURTHER,
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RESOLVED,that the Applicant shall pay all charges due as if its property was connected to
the Route 9 Sewer District, and
BE TT FURTHER,
RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director
and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution.
Duly adopted this 2nd day of November,2009 by the following vote:
AYES: Mr.Montesi,Mr. Strough,Mr. Brewer,Mr. Stec,Mr.Metivier
NOES: None
ABSENT: None
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I, R. Rose Mellon, Deputy Town Clerk II of the Town of Queensbury, Warren County, New York,
do hereby certify that I have compared the foregoing with the original resolution as listed above
adopted at a Regular meeting of the Town Board of the Town of Queensbury held on the 2nd day of
November 2009 at which a quorum was present and that the same is a correct transcript there from
and of the whole original thereof to date.
IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury,
this 3rd day of November 2009.
SEAL SIGNED: --Al,
R.Rose Mellon
Deputy Town Clerk II
Town of Queensbury