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WASTEWATER'+Extension of Time to Replace Septic System&Reinstate$2000 Deposit Per Property Transfer Law-Landry-Boss-EXTEND-10-7-19
RESOLUTION GRANTING LORETTA LANDRY AN EXTENSION OF
TIME FOR SEPTIC SYSTEM REPLACEMENT AT 53 ASSEMBLY POINT
ROAD AND REINSTATING ESCROW DEPOSIT
RESOLUTION NO.: ,2019
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No. 380,2018, the Queensbury Town Board adopted Local
Law 2 of 2018 entitled "Septic Inspection Upon Property Transfer" which is set forth at Town
Code Chapter 137 and by Resolution No. 176,2019, adopted Local Law 5 of 2019 to make a
minor modification to Chapter 137 to add an additional exemption, and
WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems
(OWTS) prior to the sale of certain real property, and
WHEREAS, by letter and application dated September 26, 2019, Loretta Landry, the
former owner of property located at 53 Assembly Point Road directly on the shore of Lake
George (Applicant), advised that in March, 2019 she entered into a contract to sell such property
(to William and Kathy Bosy) and in accordance with Chapter 137 scheduled a wastewater
treatment system inspection and delivered a$2,000 escrow deposit to the Town, and
WHEREAS, Chapter 137 provides that such escrow deposit will be forfeited to the Town
in the event that any needed septic repairs/installations are not completed within the time
provided as established by Chapter 137, and
WHEREAS, the Applicant advised that during the process of replacing the on-site
wastewater treatment system, it was discovered that a new wastewater system would require
several variances and additional time was required and therefore the Applicant requested that the
Town Board accordingly grant her additional time to obtain variances for and installation of a
new replacement wastewater system meeting Town standards and extend the date on which her
$2,000 escrow deposit shall be automatically forfeited to the Town, and
WHEREAS, by Resolution No.: BOH 36, 2019, the Town Board authorized and granted
the Applicant additional time or until November 30th, 2019 to submit an application, obtain
variances for and complete installation of a new replacement wastewater system at 53 Assembly
Point Road, and
WHEREAS, William and Kathy Bosy, the new owners of the Applicant's property, have
applied for variances from the Sewage Disposal Ordinance to install a replacement wastewater
treatment system on the property and such new system may not be completed for several weeks or
months, and
WHEREAS, the Applicant has required an extension of time to allow for installation of the
new replacement wastewater system at 53 Assembly Point Road and an extension of the date on
which her$2,000 escrow deposit will be automatically forfeited to the Town, and
WHEREAS, the Director of Building and Codes Enforcement has recommended that
such requested extension be granted through April 301h, 2020 to allow ample time for installation
of a new replacement wastewater system at 53 Assembly Point Road,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants Loretta Landry additional time or until April 301h, 2020 to allow for
complete installation of a new replacement wastewater system on property located at 53
Assembly Point Road, such property now owned by William and Kathy Bosy, as set forth in
Chapter 137, Subsection 137-4(C)(3), and to extend the date on which Ms. Landry's $2,000
escrow deposit shall be automatically forfeited to the Town until such date of April 301h, 2019 as
delineated in this Resolution, and authorizes and directs the Town Supervisor, Director of
Building and Codes Enforcement and/or Town Budget Officer to and take any and all action
necessary to effectuate all terms of this Resolution.
Duly adopted this 2nd day of December, 2019, by the following vote:
AYES
NOES
ABSENT :
0
RESOLUTION GRANTING LORETTA LANDRY AN EXTENSION OF
TIME FOR SEPTIC SYSTEM REPLACEMENT AT 53 ASSEMBLY POINT
ROAD AND REINSTATING ESCROW DEPOSIT
RESOLUTION NO.:BOH 36,2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs.Jennifer Switzer
WHEREAS, by Resolution No. 380,2018, the Queensbury Town Board adopted Local
Law 2 of 2018 entitled "Septic Inspection Upon Property Transfer" which is now set forth at
Queensbury Town Code Chapter 137 (Chapter 137), and
WHEREAS, by Resolution No. 176,2019, the Town Board adopted Local Law 5 of 2019
to make a minor modification to Chapter 137 to add an additional exemption, and
WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems
(OWTS) prior to the sale of certain real property, and
WHEREAS, by letter and application dated September 26, 2019, Loretta Landry, the
former owner of property located at 53 Assembly Point Road directly on the shore of Lake
George (Applicant), advised that in March, 2019 she entered into a contract to sell such property
and in accordance with Chapter 137 scheduled a wastewater treatment system inspection and
delivered a$2,000 escrow deposit to the Town, and
WHEREAS, Chapter 137 provides that such escrow deposit will be forfeited to the Town
in the event that any needed septic repairs/installations are not completed within the time
provided as established by Chapter 137, and
WHEREAS, the Applicant has advised that during the process of replacing the on-site
wastewater treatment system, it was discovered that a new wastewater system will require
several variances and additional time is required and therefore the Applicant has requested that
the Town Board accordingly grant her additional time to obtain variances for and installation of a
new replacement wastewater system meeting Town standards and extend the date on which her
$2,000 escrow deposit shall be automatically forfeited to the Town,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants Loretta Landry additional time or until November 30", 2019 to
submit an application, obtain variances for and complete installation of a new replacement
wastewater system at 53 Assembly Point Road as set forth in Chapter 137, Subsection 137-
4(C)(3), and to extend the date on which her $2,000 escrow deposit shall be automatically
forfeited to the Town until such date of November 301h, 2019 as delineated in this Resolution,
and authorizes and directs the Town Supervisor, Director of Building and Codes Enforcement
and/or Town Budget Officer to and take any and all action necessary to effectuate all terms of
this Resolution.
Duly adopted this 7`"day of October, 2019,by the following vote:
AYES: Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES: None
ABSENT :Mrs. Atherden
ABSTAIN:Mr. Metivier