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309.2009 APPROVING RESOLUTION 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.: 309, 2008 INTRODUCED BY: Mr. Ronald Montesi 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 two (2) 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 fourth variance/waiver from 136- 44, as the McDonoughs requested a permanent 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 the McDonoughs state that: all connections will entail excavation of over 620 linear feet of black top and returning it to original condition after connection would require complete resurfacing costing anywhere between $57,500 to $96,800 - a financial hardship; current sewage disposal systems are in excellent working condition and are used 8-10 weeks per year 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, shared with Meadow Run Gifts, is operated seasonally and has no fully or part-time employees and are not open or occupied st on a daily basis; all as more fully set delineated in the McDonough’s August 21 letter and application, 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 Monday, October 5, 2009, 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 October 5, 2011 in which to connect their properties located at 1082 and 1088 State Route 9, Queensbury (Tax Map No.’s: 296.9-1- [ provided that if there is any 8 and 296.9-1-9) to the Town of Queensbury’s Route 9 Sewer District, 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 and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of October, 2009 by the following vote: AYES : Mr. Metivier,Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 3