082.2010 Swr. Var. Erminger
RESOLUTION APPROVING KENNETH ERMIGER AND MICHAEL
SEALE’S APPLICATION FOR SECOND VARIANCE/WAIVER REQUEST
FROM SANITARY SEWER CONNECTION REQUIREMENT
CONCERNING PROPERTY LOCATED AT 719 STATE ROUTE 9
RESOLUTION NO.: 82, 2010
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
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, Kenneth Ermiger and Michael Seale (Applicants) applied to the Town Board for
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a second variance/waiver from Town Code 136-44 for an extension of the Town’s connection
requirements to connect their property located at 719 State Route 9 (formerly a car wash) to the Town
of Queensbury’s Route 9 Sewer District as the Applicants state that the property is vacant, the car
wash is not in operation, the property is being held for redevelopment, and the property is currently
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served by a properly functioning on-site septic system, as set forth in their December 30, 2009 letter
and 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 Kenneth Ermiger and Michael Seale’s
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application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to
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sewers required” and grants a one year extension of time or until January 25, 2011 in which to
connect the Applicants’ property located at 719 State Route 9, Queensbury (Tax Map No.: 296.17-1-
[provided that:
42) to the 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,
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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. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough
NOES : None
ABSENT: Mr. Montesi
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