TB Resolution 352, 2017 •
RESOLUTION APPROVING MARIANNE MCDONOUGH'S APPLICATION
FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER
CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER
136-SEWERS AND SEWAGE DISPOSAL
RESOLUTION NO.: 352,2017
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
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 applied to the Town Board for a variance/waiver from
§136-44, as Ms. McDonough has requested a continuing waiver and/or permanent relief from the
Town's connection requirements to connect the Graycourt Motel property to the Town of
Queensbury's Route 9 Sewer District for the reasons set forth in Ms. McDonough's October 13th,
2017 letter and application, and
WHEREAS, the Town Clerk's Office mailed a Notice of Hearing to Ms. McDonough and the
Town Board conducted a hearing concerning the variance/waiver request on Monday, December 4t',
2017,
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 applicant;and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves Marianne McDonough's
application for a variance/waiver from Queensbury Town Code Chapter 136, §136-44 "Connection to
sewers required" and hereby grants Ms. McDonough a five (5) year extension of time or until
December 4, 2022, in which to connect her property located at 1082 State Route 9, Queensbury(Tax
Map No.: 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 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 Applicant, or if ownership of the property is transferred,then the variance is terminated
as well and the property must connect to the Route 9 Sewer District,
BE IT FURTHER,
RESOLVED, that Ms. McDonough shall pay all charges due as if her property was connected
to the Route 9 Sewer District, and
BE IT FURTHER,
RESOLVED, that the property owner agrees to have the system inspected annually and have
reports submitted to the Town Building and Codes Department, and
BE IT FURTHER,
2
RESOLVED, that the Town Board authorizes the Town Supervisor, Town Clerk,Wastewater
Director and/or Town Budget Officer to take any actions necessary to effectuate the terms of this
Resolution.
Duly adopted this 4th day of December, 2017 by the following vote:
AYES : Mr. Clements,Mr. Ferone,Mr. Brewer,Mr. Strough,Mr. Metivier
NOES : None
ABSENT: None
3