140.93
RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE
FROM REQUIRED SEWER CONNECTIONS FOR
MR. JAMES LAWRENCE C/O MS. MARY DUTY, Mr. ROBERT D. S. CONDIT
RESOLUTION NO. 140, 1993
INTRODUCED BY: Mr. Michel Brandt
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Nick Caimano
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, Mr. James Lawrence c/o Ms. Mary Duty, has 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 ground is presently frozen;
and
WHEREAS, the applicant has also indicated that:
he will hook-up as soon as the weather
permits;
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury will
hold a public hearing on March 8, 1993, at 7:00 p.m., at the
Queensbury Activities Center, 531 Bay Road, Town of Queensbury,
Warren County, New York, to consider the application for a
variance/waiver request from the Sewer Connection Requirements, of
Mr. James Lawrence c/o Ms. Mary Duty, on property situated at 25
Windsor Drive, Queensbury, New York, and bearing Tax Map No. 106-1-
2, and
BE IT FURTHER,
RESOLVED, that the hearing shall be on written notice to the
applicant and said applicant shall be entitled to ten (10) days
written notice, with the provision, however, that this notice may
be waived by the applicant by affirmative action or by appearance
at the time and place of the hearing, and
BE IT FURTHER,
RESOLVED, that the Town Clerk of the Town of Queensbury be and
is hereby directed and authorized to publish a Notice of Hearing in
the official newspaper for the Town not less than ten (10) days
prior to the date of the hearing, which Notice of Hearing shall be
in a form substantially consistent with the Notice presented at
this meeting, and
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, Mr. Robert D. S. Condit has 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 estimated cost of connection is $4,450.00
and the applicant states that he cannot afford
to have the work done;
and
WHEREAS, the applicant has also indicated that:
the septic tank and leach system both located
under the lawn on the west side of the
building are currently functioning properly
and have never created a problem. Also, the
building has only a 1/2 bath, with no bathing
or cooking facilities;
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury will
hold a public hearing on the applicant on March 8, 1993, at 7:00
p.m., at the Queensbury Activities Center, 531 Bay Road, Town of
Queensbury, Warren County, New York, to consider the application
for a variance of Mr. Robert D. S. Condit, on property situated on
Quaker Road, Queensbury, New York, and bearing Tax Map No. 107-1-1,
and
BE IT FURTHER,
RESOLVED, that the hearing shall be on written notice to the
applicant and said applicant shall be entitled to ten (10) days
written notice, with the provision, however, that this notice may
be waived by the applicant by affirmative action or by appearance
at the time and place of the hearing, and
BE IT FURTHER,
RESOLVED, that the Town Clerk of the Town of Queensbury be and
is hereby directed and authorized to publish a Notice of Hearing in
the official newspaper for the Town not less than ten (10) days
prior to the date of the hearing, which Notice of Hearing shall be
in a form substantially consistent with the Notice presented at
this meeting.
Duly adopted this 22nd day of February, 1993, by the following
vote:
AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr.
Brandt
NOES: None
ABSENT:None