313.2011Approve Kenneth Ermiger's Application
RESOLUTION APPROVING KENNETH ERMIGER’S APPLICATION FOR
VARIANCE/WAIVER REQUEST FROM SANITARY SEWER
CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED
AT 719 STATE ROUTE 9, QUEENSBURY
RESOLUTION NO.: 313, 2011
INTRODUCED BY: Mr. Anthony Metivier
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, Kenneth Ermiger applied to the Town Board for a variance/waiver from Town
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Code 136-44.1 for an extension of the Town’s connection requirements to connect his property
located at 719 State Route 9 (formerly a car wash) to the Town of Queensbury’s Route 9 Sewer
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District as set forth in his September 9, 2011 application, and
WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to Mr. Ermiger and the
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Town Board conducted a hearing concerning the variance/waiver request on Monday, October 17,
2011,
NOW, THEREFORE, BE IT
RESOLVED, that
a) due to the nature of the variance/waiver request, the Queensbury Town Board
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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 applicants; and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves Kenneth Ermiger’s
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application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44.1
“Connection to sewers required” and hereby grants Mr. Ermiger a one (1) year extension of time or
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until October 17, 2012 in which to connect his property located at 719 State Route 9, Queensbury
(Tax Map No.: 296.17-1-42) to the Town of Queensbury’s Route 9 Sewer District, provided that 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 Route 9 Sewer District,
and
BE IT FURTHER,
RESOLVED, that Mr. Ermiger shall pay all charges due as if his property was connected to
the Route 9 Sewer District, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director
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and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution.
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Duly adopted this 17 day of October, 2011 by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer
NOES : None
ABSENT:Mr. Montesi
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