081.2010 Swr. Var. Hon-Ling
RESOLUTION APPROVING YUET HON AND SO YING LING’S
APPLICATION FOR THIRD VARIANCE/WAIVER REQUEST FROM
SANITARY SEWER CONNECTION REQUIREMENT CONCERNING
PROPERTY LOCATED AT 909 STATE ROUTE 9
RESOLUTION NO.: 81, 2010
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue
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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, Yuet Hon and So Ying Ling (Applicants) applied to the Town Board for a third
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variance/waiver from Town Code 136-44 for an extension of the Town’s connection requirements to
connect their Flower Drum Song Chinese Restaurant property located at 909 State Route 9 to the
Town of Queensbury’s Route 9 Sewer District as the Applicants stated that they wish to sell the
building/property, so a future sewer hook-up might be different if the existing structure is torn down
and a new building is in a different location, as more fully set forth in their application, and
WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicants and the
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Town Board conducted a hearing concerning the variance/waiver request on Monday, January 25,
2010,
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 Yuet Hon and So Ying Ling’s application
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for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers
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required” and grants a one year extension of time or until January 25, 2011 in which to connect the
Applicants’ property located at 909 State Route 9, Queensbury (Tax Map No.: 296.17-1-38) to the
[provided that:
Town of Queensbury’s Route 9 Sewer District,
1.the Applicants demonstrate that the property’s septic system is being maintained
by providing the Town’s Wastewater Director with an 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 Applicants shall pay all charges due as if its property was
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]
connected to the Route 9 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.
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Duly adopted this 25 day of January, 2010 by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: Mr. Montesi
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