BOH 22, 2020 Extension Don Bernard 20 Brayton LLC Septic
RESOLUTION GRANTING DON BERNARD OF 20 BRAYTON LLC AN
ADDITIONAL EXTENSION OF TIME FOR SEPTIC SYSTEM
REPLACEMENT AT 20 BRAYTON ROAD
RESOLUTION NO.: BOH 22, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
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 by Resolution No. 176,2019, adopted
Local Law 5 of 2019 to make a minor modification 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, in February 2019, Don Bernard of 20 Brayton LLC (Applicant) purchased
property located at 20 Brayton Road directly on the shore of Lake George with the intention of
demolishing and removing the existing structure and substandard wastewater treatment system,
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 removal of the structure and substandard wastewater treatment system are
not completed within the time provided as established by Chapter 137, and
WHEREAS, the Applicant was not able to complete the demolition and removal of the
structure and substandard wastewater treatment system within the timeframe provided, and
WHEREAS, by application dated October 1, 2019, Applicant advised that the home on
the property is unoccupied, all utilities are disconnected, the existing septic system has been
pumped, the septic design is completed and a new home design will be submitted within the next
few weeks and therefore, the Applicant requested that the Town Board grant him additional time
to remove the structure and substandard wastewater treatment system and to extend the date on
which the $2,000 escrow deposit shall be automatically forfeited to the Town, and
WHEREAS, by Resolution No.: BOH 41,2019, the Town Board, as the Town’s Local
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Board of Health, authorized and granted Applicant such additional time or until April 1, 2020 to
obtain a demolition permit and certificate of compliance from the Town’s Building and Codes
Enforcement Office, and
WHEREAS, by application dated March 31, 2020, Applicant advised that he was
scheduled to appear before the Town’s Zoning Board of Appeals in March concerning revisions
to his plans but due to the COVID-19 Pandemic, the ZBA meeting was postponed with no new
date and therefore, the Applicant has requested that the Town Board grant him an additional time
period of one (1) year to remove the structure and substandard wastewater treatment system 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 Don Bernard of 20 Brayton LLC additional time or until April 1,
2021 to obtain a demolition permit and certificate of compliance from the Town’s Building and
Codes Enforcement Office as set forth in Chapter 137, Subsection 137-4(C)(1), for the
completed demolition and removal of the structure and substandard wastewater treatment system
located at 20 Brayton 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 April 1, 2021 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 6 day of April, 2020, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES: None
ABSENT : None