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WASTEWATERWariance From West Qby SeNver District\Variance to NOT Comiect—Wakeley-APPROVE or DISAPPROVE-10-
21-13
RESOLUTION APPROVING/DISAPPROVING PAUL WAKELEY'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, Paul Wakeley (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 his
property located at 11 Main Street, Queensbury to the West Queensbury Sanitary Sewer District as set
forth in his September 25th, 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 21St
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 Paul
Wakeley's application for a variance/waiver from Queensbury Town Code Chapter 136, §136-44
"Connection to sewers required" and hereby grants/denies Mr. Wakeley a two (2) year extension of
time or until October 21s, 2015 in which to connect his property located at 11 Main Street,
Queensbury (Tax Map No.: 309.11-2-14) 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 21St day of October, 2013 by the following vote:
AYES
NOES
ABSENT:
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