432.2013 Clifford's Sew RESOLUTION APPROVING 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.: 432,2013
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, 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
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
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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 Applicants; and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves 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 Mr. and Mrs. Clifford a two (2) year extension of time or until
November 4t`, 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 Queensbury 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
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Supervisor, Civil
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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 Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements
NOES None
ABSENT: None
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