395.2013 Four M Limited Variance-Waiver RESOLUTION APPROVING 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.: 395,2013
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
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 30t`, 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 7th
2013,
NOW, THEREFORE, BE IT
RESOLVED, that
a) due to the nature of the variance/waiver request, the Queensbury Town Board determines
1
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 Applicant; and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves 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 Four M Limited Partnership a two (2) year
extension of time or until October 7h, 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
BE IT FURTHER,
2
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: Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
3