419.2013 Approving Paul Wakeley's Variance Waiver Request RESOLUTION APPROVING 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.: 419,2013
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
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
a) due to the nature of the variance/waiver request, the Queensbury Town Board determines
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
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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 Paul Wakeley's application
for a variance/waiver from Queensbury Town Code Chapter 136, §136-44 "Connection to sewers
required" and hereby grants Mr. Wakeley a two (2) year extension of time or until October 21St, 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
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
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the terms of this Resolution.
Duly adopted this 21St day of October, 2013 by the following vote:
AYES Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer
NOES None
ABSENT: None
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