392.2007
APPROVING
RESOLUTION MARIANNE MCDONOUGH DBA
GRAYCOURT MOTEL AND THOMAS J. MCDONOUGH LAW OFFICE’S
APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY
SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE
CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL
RESOLUTION NO.: 392, 2007
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue
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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, Marianne McDonough dba GrayCourt Motel and Thomas J. McDonough Law
Office (the McDonoughs) applied to the Local Board of Health for a second variance/waiver from
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136-44, as the McDonoughs requested an exemption from the Town’s connection requirements to
connect their Graycourt Motel and Law Office properties to the Town of Queensbury’s Route 9 Sewer
District as: connection with the lower Motel units must be constructed in a way to avoid destruction
of a 200 year old sprawling oak tree; in addition to excavating earth, all connections will entail
excavation of over 500 linear feet of black top and returning it to original condition after connection
would require complete resurfacing costing anywhere between $52,500 to $88,000 - a financial
hardship; current sewage disposal systems are in excellent working condition and are used two months
per year at best so it would not be cost effective to connect; the Motel Office with seasonal residence is
occupied during the same time period as the Motel and the house facilities are for private use only –
not public; and the Law Office and Gift Shop separate from the Motel are open by appointment and
have no regular employees other than the owner and his daughter; all as more fully set delineated in the
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McDonough’s June 30, 2007 letter and application presented at this meeting, and
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WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the McDonoughs and the
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Town Board conducted a hearing concerning the variance/waiver request on September 10, 2007,
NOW, THEREFORE, BE IT
RESOLVED, that
a) due to the nature of the variance/waiver request, the Queensbury Town Board determines
would not
that the temporary granting of the variance/waiver 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
iswould
b) the Town Board finds that the granting of the variance/waiver reasonable and
alleviate unnecessary hardship on the applicants; and
BE IT FURTHER,
approves
RESOLVED, that the Queensbury Town Board hereby Marianne McDonough dba
GrayCourt Motel and Thomas J. McDonough Law Office (the McDonoughs)’s application for a
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variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers required”
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grants
and hereby the McDonoughs a one-year extension of time or until September 10, 2008 in
which to connect their properties located at 1082 and 1088 State Route 9, Queensbury (Tax Map
provided that
No.’s: 296.9-1-8 and 296.9-1-9) to the Town of Queensbury’s Route 9 Sewer District,
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
review and approves a new application for a variance/waiver, and
BE IT FURTHER,
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RESOLVED, that the McDonoughs shall pay all charges due as if their properties were
connected to the Route 9 Sewer District, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director
and/or Town Fiscal Manager to take any actions necessary to effectuate the terms of this Resolution.
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Duly adopted this 10 day of September, 2007 by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough
NOES: None
ABSENT:None
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