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2.1 2.1 WASTEWATERWariance to NOT connect to sewer district-MCDONOUGHS—6b One-APPROVE or DISAPPROVE-11-5-12 RESOLUTION APPROVING MARIANNE MCDONOUGH DBA GRAYCOURT MOTEL AND THOMAS J. MCDONOUGH LAW OFFICE'S APPLICATION FOR VARIANCEAVAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136-SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 92012 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: 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 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 Route 9 Sewer District for the reasons set forth in the McDonough's September 20th, 2012 letter and application, and WHEREAS, the Town Clerk's Office mailed a Notice of Hearing to the McDonoughs and the Town Board conducted a hearing concerning the variance/waiver request on Monday, November 5th 2012, 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" and hereby grants the McDonoughs a one (1) year extension of time or until November 5r'', 2013 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 2 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. Duly adopted this 5t1'day of November, 2012 by the following vote: AYES NOES ABSENT: 3