439.2008
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.: 439, 2008
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
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
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Office (the McDonoughs) applied to the Local Board of Health for a third variance/waiver from 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 the McDonoughs stated that: 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 $57,000 to
$96,000 - a financial hardship; current sewage disposal systems are in excellent working condition and
are used 8-10 weeks per year 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 Champlain Stone separate from the Motel are
open by appointment and have one regular secretary; all as more fully set delineated in the
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McDonough’s August 20, 2008 letter and application, 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 Monday, September 22,
2008,
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
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 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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and hereby grants the McDonoughs a one-year extension of time or until September 22, 2009 in
which to connect their properties located at 1082 and 1088 State Route 9, Queensbury (Tax Map
No.’s: 296.9-1-8 and 296.9-1-9) to the Town of Queensbury’s Route 9 Sewer District, provided that
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 Budget Officer to take any actions necessary to effectuate the terms of this Resolution.
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Duly adopted this 22 day of September, 2008 by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES : None
ABSENT: None
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