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WASTEWATERWanance From West Qby SeNver District\Variance to NOT Comiect—Clifford-APPROVE or DISAPPROVE-1114-
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RESOLUTION APPROVING/DISAPPROVING JOHN AND DAWN
CLIFFORD'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, John and Dawn Clifford (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 their property located at 34 Main Street, Queensbury to the West Queensbury Sanitary
Sewer District as set forth in their October 8t', 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, November 4t`,
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 Applicants; and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves/disapproves John and
Dawn Clifford's application for a variance/waiver from Queensbury Town Code Chapter 136, §136-44
"Connection to sewers required" and hereby grants/denies Mr. and Mrs. Clifford a two (2) year
extension of time or until November 4th, 2015 in which to connect their property located at 34 Main
Street, Queensbury (Tax Map No.: 309.11-1-35, 309.11-1-36 and 309.11-1-37) to the Town's West
Queensbury Sanitary Sewer District, [provided that the Applicants 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 Applicants, or
if ownership of the property is transferred, then the variance is terminated as well and the
property must connect to the West Oueensbury Sanitary Sewer District,
BE IT FURTHER,
RESOLVED, that Applicants shall pay all charges due as if their 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 4h day of November, 2013 by the following vote:
AYES
NOES
ABSENT:
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