318.2012 McDonough Swr.Waiver 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.: 318, 2012
INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
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 2e, 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 5t'',
2012, and
WHEREAS, on November 2"d, 2012, the McDonoughs received a permit to Sanitary Sewer
Service to connect the law office building to the Town's Sanitary Sewer System,
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 five(5)year extension of time or until sold,if sooner, 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
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properties were connected to the Route 9 Sewer District, and
BE IT FURTHER,
RESOLVED, that this Resolution is contingent upon the applicant actually connecting the law
office building to Town Sewer by December 31St, 2012, 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 5th day of November,2012 by the following vote:
AYES : Mr.Montesi,Mr. Strough,Mr. Stec,Mr.Metivier
NOES : None
ABSENT: Mr. Brewer
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