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 11' timeframe, the
$2000 will be forfeited.
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 Pt 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:
Buyer: ,
Print Name: ,,��r1�' Date:
Sign Name: Date:
Property Transfer Packet Revised October 2019
September 22, 2020
To Whom It May Concern,
I am purchasing 3 Polk Road Queensbury, NY 12804 on October 51h, 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. My intention is to demolish (1)of the (2) existing cottages within the next year.
However, I am aware that I must install a new septic system that complies with all Town codes and
regulations. Enclosed is my escrow check of$2,000.
Sincerely,
SEP
Chris Abele 7'0—
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eUlCdlAf(
LUDA PATON
NOTARY PUBLIC-STATE OF NEW YORK
No.01PA6397373
Qualified in Albany County
My Commission Expires 09-03-2023
ENVIRONMENTAL DESIGN
PARTNERSHIP, LLP. 900 Route 146 Clifton Park,NY 12065
(P)518.371.7621 (F)518.371.9540 edpllp.com
Shaping the physical environment
March 26, 2020
RECEIVED
Town of Queensbury Board of Health !!' �� � 11
742 Bay Road 1 MAR 3 IJ ''2 2 i , !
Queensbury, NY 12804 QUEENSBURY %
\, CLERK'S OFFICE
Attn: John Strough, Chairman . lul
Re: Graziano Wastewater—195 Assembly Point-Road �_:-: iw-
Dear John:
In compliance with provisions of Queensbury Ordinance Chapter 137,John Graziano sought and
received an `inspection exemption'for his property at 195 Assembly Point Road in October 2020.
Following receipt of the exemption, Mr. Graziano received approvals from the Building Department
for a permit associated with their proposed replacement wastewater system. Due to the wintertime-
frame the work was not undertaken. Mr. Graziano is now proceeding with a site plan application
associated with a garage addition. As it will make logistical sense to complete the two projects in
conjunction with one another an extension of the exemption seems to be an advisable approach.
The six-month timeframe granted in the exemption will expire soon so at this time Mr. Graziano is
requesting an extension of the exemption until September 30,2021.
My understanding from discussions with Dave Hatin is that this request can be administered at the
upcoming Board meeting on April 5tn.
Thank you for your consideration of this request.
Sincerely,
-Devlv115 WIGiG�lra�( v
Dennis MacElroy, PE
Environmental Design Partnership
Cc: John Graziano
Dave Hatin
September 29,2020
To Whom It May Concern,
I am purchasing 3 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 must construct a totally new septic system
and leach field.My intension is to demolish both structures within the next year,as soon as I can get a
demolition permit. I am aware that I must install a new septic system that complies with all new rules,
codes,and regulations.I have given the Town an escrow check of$2000 and filled out the septic
-application.
Sincerely
Wp
Chris Abel0)e
' A
V
MAUREEN ABELE
NOTARY PUBLIC=STATE OF NEW YORK
No.01AB8344276
Qualified n:Saretoga County
My CoMM10eIQn Expires 06-27-2024
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:
3 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 demolished with no immediate
plans to rebuild.
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 demolition of the existing
structure does not occur within 6 months of the date of Property Transfer,the$2000 waiver deposit will be
forfeited.
Sincerely,
4
David Hatin, Director
Building&Code Enforcement
Town of Queensbury
Building&Code Enforcement September 2019
Y
n
RESOLUTION GRANTING CHRIS ABELE AN EXTENSION OF TIME
TO INSTALL WASTEWATER AND REPLACEMENT WASTEWATER
SYSTEMS ON PROPERTIES LOCATED AT 3 POLK DRIVE
AND 10 POLK DRIVE
RESOLUTION NO.: BOH 16,2021
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, by letter dated March 29, 2020, Dennis MacElroy, PE, agent for Chris
Abele, owner of properties located at 3 Polk Drive and 10 Polk Drive, Queensbury has advised the
Town Board concerning the following two properties:
1. 3 Polk Road-Mr.Abele received Site Plan approval from the Town Planning Board for
a new house and wastewater system on this property but construction of the wastewater
system will not be completed within the required six (6) month timeframe and he will
not seek an occupancy certificate for the new house until spring of 2022 so Mr. Abele
has requested that the Town Board grant him a timeline extension or until June 1, 2022
to complete installation of the wastewater system and to extend the date on which the
$2,000 escrow deposit(that he previously delivered to the Town) shall be automatically
forfeited to the Town; and
2. 10 Polk Road - Mr. Abele removed the existing non-compliant and substandard
wastewater system on this property but construction of a new wastewater system will
not be completed within the required six (6) month timeframe so Mr. Abele has
requested that the Town Board grant him a timeline extension or until June 30, 2021 to
complete installation of the wastewater system and to extend the date on which the
$2,000 escrow deposit(that he previously delivered to the Town) shall be automatically
forfeited to the Town; and
WHEREAS, the Director of Building and Codes Enforcement has recommended Town
Board approval of these requested extensions,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants Chris Abele additional time to obtain certificates of compliance
from the Town's Building and Codes Enforcement Office for the following two properties as set
forth in Chapter 137, until:
t
1. June 1, 2022 to complete installation of the wastewater system on his property located
at 3 Polk Road and to extend the date on which the $2,000 escrow deposit shall be
automatically forfeited to the Town until such date of June 1,2022; and
2. June 30,2021 to complete installation of the wastewater system on his property located
at 10 Polk Road and to extend the date on which the $2,000 escrow deposit shall be
automatically forfeited to the Town until such date of June 30,2021;
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. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES: None
ABSENT: None