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WASTEWATER\Extension of Time to Complete Septic Alteration&Escrow Deposit Per Property Transfer Law-West-79 Knox Road-2-28-2022
RESOLUTION GRANTING RENEE DESORMEAU WEST
AN EXTENSION OF TIME TO COMPLETE WASTEWATER SYSTEM
ALTERATIONS ON PROPERTY LOCATED AT 79 KNOX ROAD
RESOLUTION NO.: 2022
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
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 transfer of ownership of certain real property and provides that a $2,000
escrow deposit will be forfeited to the Town in the event that completion of a wastewater
treatment system meeting all standards is not completed within the time provided as established
by Chapter 137, and
WHEREAS, by letter dated February 14, 2022, Thomas West, Esq., on behalf of Renee
Desormeau West (Applicant) advised that due to winter conditions, Applicant has been unable to
arrange for completion of the upgrade/replacement of the existing septic system on Applicant's
property located at 79 West Road in the Town of Queensbury (Tax Map No.: 239.7-1-16) by
March 10,2022 and therefore, Applicant has requested that the Town Board grant additional time
to complete such work and extend the date on which the $2,000 escrow deposit Applicant
previously deposited with the Town shall be automatically forfeited to the Town, and
WHEREAS, the Acting Director of Building and Codes Enforcement has recommended
Town Board approval of this requested extension to September 10, 2022,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants Renee Desormeau West additional time or until September 10`h,
2022 to obtain a certificate of compliance from the Town's Building and Codes Enforcement
Office as set forth in Chapter 137 for completion of the upgrade/replacement of the existing
septic system located on her property located at 79 Knox Road, Queensbury and to extend the
date on which the $2,000 escrow deposit shall be automatically forfeited to the Town until such date
of September 10t', 2022 as delineated in this Resolution and authorizes and directs the Town
Supervisor and/or Acting Director of Building and Codes Enforcement to and take any and all
actions necessary to effectuate all terms of this Resolution.
Duly adopted this 281h day of February, 2022, by the following vote:
AYES
NOES
ABSENT :
Thomas S.West
THWET)TI RiVi Direct Dial: (518)641-0501
,c rncresslon t i .c It.cn'coacrA�i
G-Mail: twcstc+westfirmlaw.coni
11(hilillell ill Nem)Ork
February 14, 2022
VIA FIRST CLASS MAIL
Hon. John Strough and
Members of the Town Board
742 Bay Road
Queensbury, NY 12804
Supervisor Strough and Members of the Town Board:
This past September, my wife purchased a 50% interest in the property located at 79 Knox
Rd.,Queensbury,NY 12845. "Phis brought her total ownership ofthat property to 100%. Pursuant
to Section 134 of the Official Code of the'Town of Queensbury, New York, she deposited $2000
with a commitment to upgrade the septic system at the property.
As we are in the middle of winter conditions, we would like to extend the time to replace
the existing septic system for an additional six months. You should be aware that we are working
with a local engineer to design a state-of-the-art septic system involving the Fuj iClean technology,
which is the best available technology. You should also be aware that we are looking for options
to winterize the existing residence and it would be best to do both projects together. Pending
installation of the new system, we will continue to maintain the existing system in good working
order.
Thank you for your consideration of this request.
I
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cc: David Hatin, Building Inspector
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Attorneys and Counselors at Law
Peter Kiernan Plaza 1 575 Broadway,2"d Floor I Albany,NY 12207-2931
l Office:(518)641-0500 Fax:(518)615-1500 www.westfirmlaw.com