567.92
RESOLUTIONDISAPPROVING VARIANCE FROM REQUIRED SEWER CONNECTIONS
FOR MR. HOWARD CARR, ET AL.,
(PROPERTY OF QUEENSBURY FACTORY OUTLET PLAZA)
RESOLUTION NO.: 567, 92
INTRODUCED BY: Mrs. Susan Goetz
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Pliney Tucker
WHEREAS, the Town Board of the Town of Queensbury is
authorized, pursuant to § 136-44.1 of the Code of the Town of
Queensbury, to, upon request, waive the sewer connection
requirement of § 136-44 thereof or vary the time in which such
connection must be made, provided that certain standards and
criteria or conditions are met or demonstrated and provided that a
certain procedure is followed, and
WHEREAS, Mr. Howard Carr, as Receiver, pursuant to a Court
Order dated 2/24/89, on behalf of the Estate of Saul I. Birnbaum,
Thomas Puccio as Executor and the Estate of Bernard P. Birnbaum,
Ilene Flaum and Jay Birnbaum as Co-Trustees, (Property of
Queensbury Factory Outlet Plaza) previously applied to the Town
Board of the Town of Queensbury for a variance and relief from that
part of the law requiring sewer connections upon the grounds that:
a physical obstruction exists which makes the
connection difficult or impossible, such
obstruction being that there is a high water
table; and that the cost of connection is
approximately $25,000.00;
and
WHEREAS, the applicant previously indicated that:
the site is currently serviced by an existing
private sewage treatment facility on the
southeast corner of the property, which is
currently functioning, and the well is tested
every month. Also, they request a waiver of
the connection requirement until the
Queensbury Factory Outlet Plaza releasing and
renovation plan is implemented and
construction has begun;
WHEREAS, a notice of public hearing was given in the official
newspaper of the Town of Queensbury and a public hearing was held
in connection with the variance request on October 26, 1992, and
WHEREAS, the Town Board has received a report from Michael
Shaw, Waste Water Superintendent,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board hereby disapproves a variance to
Mr. Howard Carr, as Receiver, pursuant to a Court Order dated
2/24/89, on behalf of the Estate of Saul I. Birnbaum, Thomas Puccio
as Executor and the Estate of Bernard P. Birnbaum, Ilene Flaum and
Jay Birnbaum as Co-Trustees, so long as the current sewage disposal
system is properly functioning, and
BE IT FURTHER,
RESOLVED, that the reasons the variance is not granted are as
follows:
(a) That there are no physical obstructions that would
prevent hookup
(b) That there is not a financial loss, but actually it's
going against a possible gain
Duly adopted this 26th day of October, 1992, by the following
vote:
AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr.
Brandt
NOES: None
ABSENT:None