BOH 07.2020 Steinbach- Extension Septic System Replacement
RESOLUTION GRANTING FRANK AND ERIN STEINBACH AN
EXTENSION OF TIME FOR SEPTIC SYSTEM REPLACEMENT AT
211 ASSEMBLY POINT ROAD AND REINSTATING ESCROW DEPOSIT
RESOLUTION NO.: BOH 7, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
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
Queensbury Town Code Chapter 137 (Chapter 137), and
WHEREAS, by Resolution No.: 176,2019, the Town Board adopted Local Law 5 of 2019
and by Resolution No. 47,2020, adopted Local Law 1 of 2020 to make additional minor
modifications to Chapter 137, and
WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems
(OWTS) prior to the sale of certain real property, and
WHEREAS, Frank and Erin Steinbach (Applicants) previously applied for and received an
inspection exemption for their property located at 211 Assembly Point Road in the Town of
Queensbury (Tax Map No: 226.19-2-18) and following receipt of the exemption, received Local
Board of Health (BOH) approval (Resolution No.: BOH 39,2019) for certain variances from
provisions of the Town’s On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement
wastewater system on their property and the Applicants 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 completion of a substandard wastewater treatment system is not completed
within the time provided as established by Chapter 137, and
WHEREAS, by application dated January 20, 2020, the Applicants have advised that due
to winter weather conditions, their contractor has been unable to complete installation of the
replacement wastewater system and therefore, the Applicants have requested that the Town
Board grant them additional time to complete such installation and to extend the date on which
the $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,
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hereby authorizes and grants Frank and Erin Steinbach additional time or until May 31, 2020 to
obtain a certificate of compliance from the Town’s Building and Codes Enforcement Office as
set forth in Chapter 137 for installation of the replacement wastewater treatment system located
at 211 Assembly Point Road and to extend the date on which the $2,000 escrow deposit shall be
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automatically forfeited to the Town until such date of May 31, 2020 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.
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Duly adopted this 27 day of January, 2020, by the following vote:
AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough
NOES: None
ABSENT: Mrs. Switzer