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2.1 J 2.1 WASTEWATER\Variance From West Qby Sewer District\Variance to NOT connect to sewer district-NEPSI-APPROVE or DISAPPROVE-10-19- 2020 RESOLUTION APPROVING (ORl DISAPPROVING NORTHEAST POWER SYSTEMS, INC.'S (NEPSI'S) APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136-SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: ,2020 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: 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, Northeast Power Systems, Inc.'s (NEPSI's), has applied to the Town Board for a variance/waiver from Town Code §136-44.1 for an exemption from the Town's connection requirements to connect its property located at 66 Carey Road, Queensbury to the West Queensbury Sanitary Sewer District as set forth in its September 21,2020 application, and WHEREAS, pursuant to Section 136-44.1(C)(5)(a), in order for the Town Board to consider the granting of such a variance or waiver, the property owner must be willing to pay the full and usual sewer rents,assessments and taxes accruing against the property, and WHEREAS, the requested waiver appears to be based on costs of connection which 1 provides any waiver shall be for a time period not to exceed two (2)years, 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, October 19th, 2020, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the granting of the variance/waiver would [OR] 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 [OR] is not reasonable and would [OR] would not alleviate unnecessary hardship on NEPSI; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves [OR] disapproves NEPSI's (Applicant)'s application for a variance/waiver from Queensbury Town Code Chapter 136, §136-44 "Connection to sewers required" and hereby grants [OR] denies Applicant jail exemption) OR [a two (2) year extension of time or until October 19th, 20221 from the requirement to connect its property located at 66 Carey Road, Queensbury(Tax Map No.: 308.20- 1-6) to the Town of Queensbury's West Queensbury Sanitary Sewer District, [provided that Applicant connect to the West Queensbury Sanitary Sewer District within two (2) years and no further extensions will be granted and in the meantime] if there is any change in property use, increase in septic use or additional bathroom facilities added, then such variance shall 2 immediately terminate unless the Queensbury Town Board reviews and approves a new application for a variance/waiver, and furthermore, if the septic system has been determined to fail or is modified by the Applicant, or if ownership of the property is transferred,then the variance is terminated as well and the property must connect to the West Queensbury Sanitary Sewer District, and BE IT FURTHER, RESOLVED, that Applicant shall pay all charges due as if its property was connected to the West Queensbury Sanitary Sewer District,and BE IT 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 19`h day of October, 2020 by the following vote: AYES : NOES : ABSENT: 3