624.92
RESOLUTION APPROVING VARIANCE FROM REQUIRED
SEWER CONNECTIONS FOR MESSRS. RICHARD FALKOUSKI & JOHN CIFONE
RESOLUTION NO. 624, 92
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Susan Goetz
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, in granting a variance or waiver, the Town Board may
consider one or all of the following circumstances:
(a) The distance from the building to the town sewer
pipeline to which connection is required.
(b) The cost of the connection.
(c) The existence or nonexistence of any physical
obstructions.
(d) The financial loss to be sustained by the property owner
in the event of nonuse of the current system.
(e) Whether the current sewage disposal system is properly
functioning.
(f) Whether any rights-of-way or easements are needed in
order for the applicant to make the connection to the
town sewer system.
(g) Whether strict application of the connection requirement
of § 136-44 would result in a specified difficulty to
the applicant, for which the applicant has not been
given a reasonable time to respond to or address, and
whether the variance or waiver would be materially
detrimental to the purposes of the sewer connection
requirement or that the property and the district in
which the property is located or otherwise conflict with
the description or objections of the plan or policy of
the town and that the interests of justice are served;
and
WHEREAS, if the Town Board finds any or all of the above
circumstances or conditions, the Town Board may grant the following
relief:
(a) In the event that circumstances giving rise to the
request are due to physical obstructions, costs
significantly greater than the usual sewer connection
costs, a distance greater than two hundred fifty (250)
feet from the sewer pipeline to the building or
structure to be connected or a documented inability to
obtain an easement or right-of-way over which the sewer
line must pass in order to connect to the town sewer
system, the Town Board may grant a permanent waiver from
the requirement that the applicant connect the subject
property, provided that the sewage disposal system
currently serving the property is operational, in
accordance with the Town of Queensbury laws and
regulations and appropriate New York State agency rules
and regulations, and
(b) In the event that the circumstances giving rise to the
request are due to excessive costs of connection, the
financial loss to be sustained by the property owner in
the event of nonuse of the current system or any other
specified difficulty which makes it difficult or
impractical for the applicant to connect to the town
sewer system and the applicant is willing to pay the
full and usual sewer rents or taxes accruing against the
property, the Town Board may grant an extension of time,
not exceeding two (2) years, in which to connect to the
town sewer system, provided that the sewage disposal
system currently serving the property is operational, in
accordance with the Town of Queensbury laws and
regulations and appropriate New York State agency rules
and regulations,
and
WHEREAS, Messrs. Richard Falkouski and John Cifone 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:
the septic system was rebuilt just prior to the
sewer district going through and it works fine;
and
WHEREAS, the applicant previously indicated that:
1) they will hook-up to the sewer district
when there is a problem; and
2) they are considering an addition to
the building, and if it goes
through, they will have to tear out
the existing sewer system and hook
into the sewer district; and
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 November 23, 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 grants a temporary
variance for one year, so long as: if the addition is built prior
to that, at that time they are required to hookup to the sewer
system and if the present system fails, they will be required to
hookup to the sewer system immediately.
Duly adopted this 23rd day of November, 1992, by the following
vote:
AYES : Mr. Tucker, Mrs. Goetz, Mrs. Monahan, Mr. Brandt
NOES : None
ABSENT: Mr. Caimano