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WASTEWATERWanance From West Qby SeNver District\Variance to NOT Comiect—Four M Lmuted Parterslup-APPROVE or
DISAPPROVE-10-7-13
RESOLUTION APPROVING/DISAPPROVING FOUR M LIMITED
PARTNERSHIP'S 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, Four M Limited Partnership (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 220 Corinth Road, Queensbury to the West Queensbury Sanitary
Sewer District as set forth in their August 30'`, 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, October 71h
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 Four M
Limited Partnership's application for a variance/waiver from Queensbury Town Code Chapter 136,
§136-44 "Connection to sewers required" and hereby grants/denies Four M Limited Partnership a
two (2) year extension of time or until October 7th, 2015 in which to connect its property located at
220 Corinth Road, Queensbury (Tax Map No.: 309.13-1-35) to the Town's West Queensbury
Sanitary Sewer District, [provided that the Applicant 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 Applicant shall pay all charges due as if its property was connected to
the West Queensbury Sanitary Sewer District, and]
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BE IT FURTHER,
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 7h day of October, 2013 by the following vote:
AYES
NOES
ABSENT:
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