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339.2009 RESOLUTION APPROVING KNIGHTS OF GLENS FALLS, INC.’S APPLICATION FOR THIRD VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 989 STATE ROUTE 9 RESOLUTION NO.: 339, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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, the Knights of Glens Falls, Inc., (Applicant) submitted its fourth application to the § Town Board for a fourth variance/waiver from Town Code 136-44 for an extension of the Town’s connection requirements to connect its property located at 989 State Route 9 to the Town of Queensbury’s Route 9 Sewer District, as the Applicant states that the building is being sold for much less intense use and the purchaser has to spend considerable funds to retrofit to its retail use, as more fully set forth in such application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the nd Town Board conducted a hearing concerning the variance/waiver request on Monday, November 2, 2009, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the temporary granting of the variance/waiver 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 reasonable and would alleviate unnecessary hardship on the Applicant; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves the Knights of Glens Falls, Inc.’s § application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to nd sewers required” and grants a two (2) year extension of time or until November 2, 2011 in which to connect the Applicant’s property located at 989 State Route 9, Queensbury (Tax Map No.: 296.13-1- 22) to the Town of Queensbury’s Route 9 Sewer District, provided that: 1.the Applicant demonstrates that the property’s septic system is being maintained by providing the Town’s Wastewater Director with a bi-annual invoice demonstrating that the septic tanks and grease traps have been pumped and cleaned within the year, and also that the grease traps are pumped and cleaned at a minimum, once a year; and 2.if there is any increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, RESOLVED, that the Applicant shall pay all charges due as if its property was connected to the Route 9 Sewer District, and 2 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. nd Duly adopted this 2 day of November, 2009 by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None 3