185.2010 J. Gardner Swr. Var.
RESOLUTION APPROVING JOHN GARDNER/TURNPIKE ENTERPRISES,
INC.’S APPLICATION FOR SECOND VARIANCE/WAIVER REQUEST
FROM
SANITARY SEWER CONNECTION REQUIREMENT CONCERNING
GLEN DRIVE-IN PROPERTY LOCATED AT 983 STATE ROUTE 9
RESOLUTION NO.: 185, 2010
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
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 two (2) years from the date of notice, and
WHEREAS, John Gardner/Turnpike Enterprises, Inc., (Applicant) applied to the Town Board
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for a second variance/waiver from 136-44 for an extension of (or exemption from) the Town’s
connection requirements to connect its Glen Drive-In property located at 983 State Route 9 to the
Town of Queensbury’s Route 9 Sewer District, as the Applicant states that the property is used as a
seasonal drive-in movie theatre serviced by a properly functioning and maintained septic system and in
order to connect to the Sewer District, the sewage would need to be pumped uphill from the building
thus requiring a force line and therefore would be extremely cost prohibitive, as more fully set forth in
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the Applicant’s December 12, 2009 letter and application, and
WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the
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Town Board conducted a hearing concerning the variance/waiver request on Monday, May 3, 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 John Gardner/Turnpike Enterprises,
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Inc.’s application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44
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“Connection to sewers required” and grants a two (2) year extension of time or until May 3, 2012 in
which to connect the Applicants’ Glen Drive-In property located at 983 State Route 9, Queensbury
(Tax Map No.: 296.13-1-20) 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 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 Applicant shall pay all charges due as if its property was 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 3 day of May, 2010 by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
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