exemption EXEMPTION CONDITION OPTIONS
Due to one of the conditions listed below, I am requesting an exemption from the
Septic Inspection Upon Property Transfer by the Town of Queensbury:
❑ The property to be sold or transferred will not be inhabited, and the new owner plans to demolish the
existing structure. In order to qualify for the exemption, a notarized affidavit must be submitted to the
Building and Codes Enforcement Office stating that the dwelling will not be inhabited and that it will be
demolished with no immediate plans to rebuild or the dwelling will not be inhabited, it will be
demolished and rebuilt, in which case the affidavit shall be accompanied by a site plan, including
adequate detail to demonstrate a lawful OWTS, together with a check payable to the Town of
Queensbury in the amount of$2,000. Such funds will be held in a non-interest-bearing escrow account
and will be released, in the former case, upon issuance of a demolition permit and, in the latter case,
upon issuance of a certificate of compliance from the Building and Codes Enforcement Office. If the
Property Transfer inspection is not completed within that 6 (six) month timeframe,
the $2000 will be forfeited.
❑ An OWTS inspection was not able to be completed prior to the conveyance of real property due to
inclement weather. In order to qualify for the exemption, a notarized affidavit from the new property
owner to complete the requisite OWTS inspection within six months of the date of the conveyance of
real property, or June 1, whichever comes first, must be filed with the Building and Codes Enforcement
Office. A check payable to the Town of Queensbury in the amount of$2,000 will be held in a non-
interest-bearing escrow account and shall be released upon the completion of a satisfactory OWTS
inspection from the Building and Codes Enforcement Office. If the Property Transfer
inspection is not completed within that 6 (six) month or June 1" timeframe, the
$2000 will be forfeited.
L The property to be sold or transferred contains an existing OWTS that does not comply with the
provisions of this article, and the prospective purchasers and/or the Seller wish to forgo an inspection
in favor of installing an approved OWTS within six months of the transfer of property. In order to
qualify for the exemption, a notarized affidavit must be submitted to the Building and Codes
Enforcement Office stating that the existing OWTS will be replaced within six months from transfer of
property. The affidavit must be accompanied by a site plan, including adequate detail to demonstrate
that the replacement OWTS will comply with this article, together with a check payable to the Town of
Queensbury in the amount of$2,000. Such funds will be held in a non-interest-bearing escrow account
and will be released upon issuance of a certificate of compliance from the Building and Codes
Enforcement Office. If the Property Transfer inspection is not completed within that 6
(six) month timeframe, the $2000 will be forfeited.
Property Transfer Packet Revised October 2019
❑ During the OWTS inspection, a failure of the septic system was determined. Due to winter and
frozen conditions, the repair to an existing OWTS could not occur or a new OWTS could not be
installed before the conveyance of real property. In order to qualify for the exemption, a notarized
affidavit from the new property owner to complete the installation or repair of the septic system within
six months from the date of the conveyance of real property, or June 1, whichever comes first, must be
filed with the Building and Codes Enforcement Office. A check payable to the Town of Queensbury in
the amount of$2,000 will be held in a non-interest-bearing escrow account and shall be released upon
the completion of the repair or installation of a new septic system and a satisfactory OWTS inspection
from the Building and Codes Enforcement Office. If the Property Transfer inspection is not
completed within that 6 (six) month or June lst timeframe, the $2000 will be
forfeited.
❑ There is a record of a septic system inspection upon property transfer permit and inspection completed
and passed within the last three years. Please provide a copy of this record.
PLEASE READ NOTICE THOROUGHLY:
Failure to complete the inspection, obtain the permit or complete all repairs/installations
identified in the preceding subsections of this section within the time provided or any subsequent
deadline established by the Building and Codes Enforcement Office will result in forfeiture of the
moneys held in escrow, and the Town may use such funds toward abating the conditions caused
by each such violation of this article.
Inspections must take place within one (1) year of submission of a completed application.
Inspections scheduled to take place after the one year period will be subject to submission
of a renewal application and payment of the renewal fee based on the current fee schedule.
I have read and understand the above notice regarding the expectations and possible forfeiture
of moneys submitted to the Town of Queensbury for an exemption request.
Seller:
Print Name: Date:
Sign Name: Date:
Bier:Print Name: owls � � Date:
Sign Name: , Date:
Property Transfer Packet Revised October 2019
September 22,2020
To Whom It May Concern,
I am purchasing 10 Polk Road Queensbury, NY 12804 on October 5th,2020. 1 have waived the septic
inspection by the Town of Queensbury and am aware that I have construct a totally new septic system
and leach field. I will apply for a demolition permit and will demolish the existing structure. I am
planning to build a new home on the property that conforms with all new rules,codes, and regulations.
That is to include a brand-new septic system. I am in the process of submitting a whole new site plan to
the Town of Queensbury. Enclosed is my escrow check of$2,000.
Sincerely,
Chris Abele
LUDA PATON
NOTARY PUBLIC-STATE OF NEW YORK �•
No.01 PA6397373 SEP J ;
Qualified in Albany County ? 1�
My Commission Expires 09-03-2023 TOU QF
SEWAGE DISPOSAL SYSTEM EXEMPTION COMPLIANCE LETTER
Town of Queensbury
742 Bay Road,Queensbury,NY 12804
P:518-761-8256 www.gueensbury.net
Date: 29 September 2020
To: Chris Abele
(Purchaser)
Re: System Inspection Site Report for:
10 Polk Dr, Lake George, NY 12845
(Site Address)
The purchaser of the above-referenced parcel has submitted to the Town of Queensbury an exemption
request which includes a notarized letter stating the existing structure will be installing an approved OWTS
within 6 months of the Property Transfer.
The purchaser has also submitted a waiver deposit of$2000, as well as paid the $250 inspection fee. If,
however,the Septic Inspection Upon Property Transfer has not occurred or the new OWTS has not been
installed within 6 months of the date of Property Transfer,the$2000 waiver deposit will be forfeited.
Sincerely,
J4
David Hatin, Director
Building& Code Enforcement
Town of Queensbury
Building&Code Enforcement September 2019
RESOLUTION GRANTING JOHN GRAZIANO
AN EXTENSION OF TIME TO INSTALL REPLACEMENT
WASTEWATER SYSTEM ON PROPERTY LOCATED AT
195 ASSEMBLY POINT ROAD
RESOLUTION NO.: BOH 15,2021
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Timothy McNulty
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, by letter dated March 26, 2020, Dennis MacElroy, PE, agent for John
Graziano, owner of property located at 195 Assembly Point Road, Queensbury has advised that Mr.
Graziano received approvals from the Town Building Department for a permit associated with the
proposed replacement wastewater system on the property but due to winter weather conditions Mr.
Graziano was unable to complete construction of the system within the required six (6) month
timeframe, and now Mr. Graziano is also proceeding with a site plan application associated with
a garage addition on the property, and
l- y
WHEREAS, Mr. Graziano wishes to complete these two projects in conjunction with one
another and therefore, has requested a timeline extension or until September 30, 2021 to install the
replacement wastewater system, and
WHEREAS, the Director of Building and Codes Enforcement has recommended Town
Board approval of this requested extension,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants John Graziano additional time or until September 30th, 2021 to
obtain a certificate of compliance from the Town's Building and Codes Enforcement Office as
set forth in Chapter 137 for installation of a replacement wastewater system on property located
at 195 Assembly Point Road, Queensbury and authorizes and directs the Town Supervisor and/or
Director of Building and Codes Enforcement to and take any and all actions necessary to
effectuate all terms of this Resolution.
Duly adopted this 5th day of April', 2021, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough; Mr. Metivier
NOES: None
ABSENT: None