380.2005
RESOLUTION APPROVING 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.: 380, 2005
INTRODUCED BY: Mr. Theodore Turner
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, Marianne McDonough dba GrayCourt Motel and Thomas J. McDonough Law
§
Office (the McDonoughs) applied to the Local Board of Health for a 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:
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
th
McDonough’s July 25, 2005 letter and application presented at this meeting, and
1
WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the McDonoughs and the
th
Town Board conducted a hearing concerning the variance/waiver request on August 15, 2005,
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
§
variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers required”
th
and hereby grants the McDonoughs a two-year extension of time or until August 15, 2007 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,
2
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,
Deputy Wastewater Director and/or Budget Officer to take any actions necessary to effectuate the
terms of this Resolution.
th
Duly adopted this 15 day of August, 2005 by the following vote:
AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES : None
ABSENT: None
3