3.1
3.1
WASTEWATER\\Variance From West Qby Sewer District/Variance to NOT connect to sewer district- Halcyon Properties -APPROVE
or DISAPPROVE - 4-5-2021
RESOLUTION APPROVING \[OR\] DISAPPROVING
HALCYON PROPERTIES, INC.’S APPLICATION FOR
VARIANCE/WAIVER REQUEST FROM SANITARY SEWER
CONNECTION REQUIREMENT SET FORTH IN TOWN CODE
CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL
RESOLUTION NO.: __________________________________________________, 2021
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, Halcyon Properties, Inc., (Applicant) 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 377 Corinth Road, Queensbury to the West
Queensbury Sanitary Sewer District, as application states that the present use of the property and the
distance from the improvement to the end of the sewer pipeline would make a tie-in cost prohibitive, as
set forth in the March 5, 2021 application, and
WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the
th
Town Board conducted a hearing concerning the variance/waiver request on Monday, April 5, 2021,
NOW, THEREFORE, BE IT
1
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 Halcyon Properties, Inc.;
and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves \[OR\] disapproves Halcyon
Properties, Inc. (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 \[an
th
exemption\] OR \[a two (2) year extension of time or until April 5, 2023\] from the requirement to
connect its property located at 377 Corinth Road, Queensbury (Tax Map No.: 308.16-2-14) to the
Town of Queensbury’s West Queensbury Sanitary Sewer District, \[and in the meantime if there is
any change in property use, increase in septic use or additional bathroom facilities added, then
such variance shall immediately terminate unless the Queensbury Town Board reviews and
approves a new application for a variance/waiver, and furthermore, if the septic system has
been determined to fail or is modified by the Applicant, or if ownership of the property is
transferred, then the variance is terminated as well and the property must connect to the West
Queensbury Sanitary Sewer District, and
BE IT FURTHER,
2
RESOLVED, that Applicant shall pay all charges due as if its property was connected to
the West Queensbury Sanitary Sewer District, and\]
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.
th
Duly adopted this 5 day of April, 2021 by the following vote:
AYES :
NOES :
ABSENT:
3
•
TOWN OF QUEENSBURY
VARIANCE/WAIVER REQUEST
FROM
SANITARY SEWER CONNECTION REQUIREMENTS cl-.;. .
•
CODE 136-44.1
11\16/
DATE: March 5, 2021
1) Names and Addresses of all owners of the building(s) and real property for which the
variance or waiver is requested. (Attach additional sheet if necessary.)
NAME Halcyon Properties, Inc.
do Neil H. Lebowitz
ADDRESS 9 Broad Street
Glens Falls, New York 12801
Halcyo PrVeftleslnn j��SIGNATURE BY: •- S 411�1
Neil H.Lebowitz,Vice-President
NAME N/A
ADDRESS
SIGNATURE
2) Post Office Address, Street Address and the Tax Map Number of the subject property.
ADDRESS OF PROPERTY 377 Corinth Road, Queensbury, New York 12804
TAX MAP NUMBER 308.16-2-14
3) Estimated distance, in feet, from the building to the Town Sewer pipeline to which
connection is required.
ESTIMATED DISTANCE 700 +/-feet (See attached email and GIS map.)
4) Statement as to whether any.physical obstructions exist which may make the
connection difficult or impossible. (Attach additional sheet if necessary.)
C:\Documents and Settings\ryanl\Local Settings\Temporary Internet
Files\Content.IE516CR7787X\Variance from Sewer Connection[1].docREVlSED October 22,
2009
No known physical obstructions.
5) If the cost of connection is provided as a basis for the variance or waiver requested, the
estimated cost of the connection. Attach contractor's estimate.
LIST ESTIMATED COST OF CONNECTION No cost estimate obtained. Present use of the
property and the distance from the improvement to the end of the sewer pipeline make tie-in cost prohibitive.
6) Description of the current sewage disposal system providing sewage service to the
premises, with a statement as to whether the same is currently properly functioning. Also
required is a copy of the invoice showing that the septic and/or grease trap has been
pumped within the last year.
Septic system installed July 9, 2007. Permit No. P2007042. System properly functioning.
DATE SUBMITTED TO TOWN BOARD
NOTE
a) The Town Board on its own initiative or at the request of the applicant(s) may waive the
furnishing of the above information or accept or request additional information.
b) This form is to be returned to the Town Clerk's Office upon completion.
•
C:1Documents and Settings\ryanl\Local Settings\Temporary Internet
Files\Content.lE5\6CR7787X1Variance from Sewer Connection[1].docREVISED October 22,
2009
•
From: andre thlbodeau
To: Nell FL Lebowitz
Subject: 308.16-2-14
Date: Friday,February 22,2019 3:27:00 PM
Attachments: 308.16-2-14.pnq
Hi Neil,
Here's the map we discussed. If you need anything else,just let me know.
Andre Thibodeau
Account Clerk
Town of Queensbury-Wastewater Dept
(518)745-5589
andret(@queensbury.net
; Queet)sbu Water---and=�Sewer�AssetVie\ier :�« k
ry
w
„, 1" ,, - , Length
C` `': :.. *J., € ,,z `z t t _,o iF'� ..9 ; e,•.y - ---r.r
•
w
'"' = 9 4 feet Y *
i _ '' "" ���9, • , Distance {' *�.,
695 4
.sff
��- i ' .� ,.th w,?� &TES ''., .:J'- !`,— _ A. z _ $
iobt
.�. ..—. ,.-r_x
*sue ). .,»•,w ^
+• 1 yyr-s
,„41
6^
- a - - e-nd- -A1M:.:•"
• 6 4. , . i •4a ; « §,7 Show Leg
-:
14• n;.r .,ter_- ..�. �'' ... _ • yam,: ►..�.
tom,. ,
`t
irikit , - - It .41i1LA.
�C#'"�• �..ww"w' - -n -:--, ^•� •„�� .�.--4 a s k z • `i' •,:: y 1.2 �l SeweflinPS
_ , ^'!'bra— - y «;•' °S+` �� i �y.
ems" ---- . .. •;' _, ",* I4, ,,. ,'W.-#_ . 1Y; •i �4•1,-0'•',
Y Waterlines
>F --• _ —-- ,:.� �a /.. t m.•
'�... .r Private Waterlines
t z •� ' .,, „ ` ,rf` ..rr *t . '.ice44/ r ! Mapped UtilityEasements
10,._
+ • �i . : �l E. • fr '!ra y
P�' ., , r� _,. t't' yJ' •�t QueensburyParcels
.., E Y. JY S! :Ai". �` !^i � •F .,. ' y`•� •�.,,o.t'. J 1 i-_.1
" ► i � '.+.lid. _ r *t .4 L? 10 Ft. Contours
, +•.VO4
r 0 4 +V"3 ?�4 • ; ' rr
.,�li`, '� •+fir-•ft' - 0 water Districts
f jj '`ri?'r•,
iii...3
� e ...? .r.... , t; .w s!► .h,. • r .rr 'R.4 4., , , .. y Sanitary Sewer Districts
.#1.40
l
r ► y •.. ,,a • ' s. .♦ ' r ' + lr" + . . fir 2013 Orthoimagety
„ .„, . .,, .. P 4,.--s'" .'. Silt ,7 ='it W
I ..
.. ,..-
� ^* • `; p� A # /;� . :. + :` y •
f y • t-'~•�'';�`•�:-t'1•- 6;4 ♦♦♦� y: •• i Queensbury Parcels
J ./ � . r `�':aw S IP i `rP v ell,' . •.r: K,r i„„ '4t. . • * �f . :' : FIQ 7703
in,
.. ; ,,,..
-1,,,, ii,
.t'' - •► - `..,, 4*r� F w .'. .. • i..A.ofL ;,<•; !�j . s'`+", '(§ . •t .• ShapePolygon
�j ' iy. ^ WNUM 308.16 2 14
a.,„
'� .1 , h' ��ij�j y NE BER
' •,b .1' • . , ...., 1� fi6'i .... ,y, lj♦�,.,r2..,`, a ; y r^"y .a" -•rie • •b• .f ACRES 22.2