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151.93 RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM REQUIRED SEWER CONNECTIONS RESOLUTION NO. 151, 93 INTRODUCED BY: Mr. Michel Brandt 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 Mr. Bruce Lungren (Fall Line Ski Shop, Inc.) WHEREAS, 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 water table, clay soil, and depth of sewer line will necessitate excavation at the driest possible time of the year - September-October, before the frost sets in. and WHEREAS, the applicant has indicated that: The current septic system consists of a concrete tank and sufficient leach field for the building. Since this is a seasonal business, the system gets little use 4 to 5 months of the year. They have two full-time and one part-time employee. The business is closed in the summer months, so they wish to defer sewer hook-up, pending full-time utilization of the building. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on the applicant on March 15, 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 Mr. Bruce Lungren (Fall Line Ski Shop, Inc.) for a variance of on property situated at 111 Quaker Road, Queensbury, New York, and bearing Tax Map No. 059-5-3, 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 1st day of March, 1993, by the following vote: AYES : Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES : None ABSENT : None