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1.2 1.2 WASTEWATERWariance From Qby Consolidated District Comiection/Variance to NOT comiect to seNver district-BAYBROOK- APPROVE or DISAPPROVE-4-2-12 RESOLUTION APPROVING/DISAPPROVING BAYBROOK II, LLC'S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136- SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: ,2012 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, Baybrook II, LLC (Applicant) applied to the Town Board for a variance/waiver from Town Code §136-44.1 for an extension of the Town's connection requirements to connect its property located at 3-4, 7-9 Bay Brook Drive (six separate apartment buildings) to the Queensbury Consolidated Sanitary Sewer District as set forth in its February 27d`, 2012 application, and WHEREAS, the Town Clerk's Office mailed a Notice of Hearing to the Applicant and the Town Board conducted a hearing concerning the variance/waiver request on Monday, April 2nd, 2012, NOW, THEREFORE, BE IT RESOLVED, that 1 a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the temporary granting of the variance/waiver would/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/is not reasonable and would/would not alleviate unnecessary hardship on the applicants; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves/disapproves Baybrook II, LLC's application for a variance/waiver from Queensbury Town Code Chapter 136, §136-44 "Connection to sewers required" and hereby grants/denies Baybrook II, LLC a three (3) year extension of time or until April 2"d, 2015 in which to connect its property located at 3-4, 7-9 Bay Brook Drive, Queensbury (Tax Map No.: 296.11-1-28) to the Town of Queensbury's Queensbury Consolidated Sanitary Sewer District, [provided that Baybrook H, LLC connect to the Oueensbury Consolidated Sanitary Sewer District within three (3) years and no further extensions will be granted, 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 Oueensbury 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 Oueensbury Consolidated Sanitary Sewer District, BE IT FURTHER, RESOLVED, that Baybrook H, LLC shall pay all charges due as if its property was connected to the Oueensbury Consolidated Sanitary Sewer District, and] 2 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. Duly adopted this 2nd day of April, 2012 by the following vote: AYES NOES ABSENT: 3