365.2005
RESOLUTION SETTING HEARING ON MARIANNE MC DONOUGH DBA
GRAYCOURT MOTEL AND THOMAS J. MC DONOUGH 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.: 365, 2005
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
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) have applied to the Local Board of Health for a variance/waiver from 136-
44, as the McDonoughs have 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 July 25, 2005 letter and application presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a hearing
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on August 15, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to
consider Marianne McDonough dba GrayCourt Motel and Thomas J. McDonough Law Office (the
McDonoughs)’s sewer connection variance/waiver application concerning the properties delineated in
the preambles of this Resolution and located at 1082 and 1088 State Route 9, Queensbury (Tax Map
No.’s: 296.9-1-8 and 296.9-1-9), and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town
Clerk to send the Notice of Hearing presented at this meeting to the McDonoughs as required by law.
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Duly adopted this 1 day of August, 2005, by the following vote:
AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough
NOES : None
ABSENT: Mr. Brewer