290.2011 McDonough Swr. Connec.Var.
RESOLUTION APPROVING 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.: 290, 2011
INTRODUCED BY: Mr. Tim Brewer
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 Town Board for a variance/waiver from 136-44, as the
McDonoughs have requested a continuing waiver and/or permanent relief from the Town’s connection
requirements to connect the Graycourt Motel and Law Office properties to the Town of Queensbury’s
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Route 9 Sewer District for the reasons set forth in the McDonough’s August 22, letter and
application, and
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 26,
2011,
NOW, THEREFORE, BE IT
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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 (1) year extension of time or until September 26, 2012 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 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 RESOLVED, that the McDonoughs shall pay all charges due as if their
properties were connected to the Route 9 Sewer District, and
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BE IT FURTHER,
RESOLVED, that this Resolution is contingent upon the applicant obtaining cost estimates and
providing information concerning connection to Town Sewer of the offices within one (1) year before
next year’s request for a waiver, 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 26 day of September, 2011 by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Metivier
NOES : Mr. Stec
ABSENT: Mr. Montesi
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