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WASTEWATERWariance From West Qby Sewer District/Variance to NOT connect—JOYCE JONES-APPROVE or DISAPPROVE-
7-1-13
RESOLUTION APPROVING/DISAPPROVING JOYCE JONES'
APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY
SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE
CHAPTER 136- SEWERS AND SEWAGE DISPOSAL
RESOLUTION NO.: ,2013
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, Joyce Jones (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 her
property located at 33 Main Street, Queensbury to the West Queensbury Sanitary Sewer District as set
forth in her May 31St, 2013 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, July 1st,2013,
NOW,THEREFORE,BE IT
RESOLVED, that
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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 Applicant; and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves/disapproves Joyce Jones'
application for a variance/waiver from Queensbury Town Code Chapter 136, §136-44 "Connection to
sewers required" and hereby grants/denies Ms. Jones a two (2) year extension of time or until July
1st, 2015 in which to connect her property located at 33 Main Street, Queensbury (Tax Map No.:
309.10-2-20) to the Town's West Queensbury Sanitary Sewer District, [provided that Ms. Jones
connect to the West Queensbury Sanitary Sewer District within two (2) 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 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,
BE IT FURTHER,
RESOLVED, that Ms. Jones shall pay all charges due as if its property was connected to
the West Queensbury Sanitary Sewer District, and]
BE IT FURTHER,
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RESOLVED, that the Town Board authorizes the Town Supervisor, Civil
Engineer/Wastewater Director and/or Town Budget Officer to take any actions necessary to effectuate
the terms of this Resolution.
Duly adopted this 1 st day of July,2013 by the following vote:
AYES
NOES
ABSENT:
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