1.8 1.8
WASTEWATER\Extension of Time to Complete Septic Alteration&Escrow Deposit Per Property Transfer Law-DiMemmo-6-13-2022
RESOLUTION GRANTING GUY DIMEMMO AN EXTENSION OF TIME
TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON
PROPERTY LOCATED AT 11 NACY 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 May 26, 2022, Stefanie DiLallo Bitter, Esq., on behalf of Guy
DiMemmo (Applicant) advised that Applicant took title of property located at 11 Nacy Road in the
Town of Queensbury (Tax Map No.: 289.6-1-18) on March 10, 2022 and Applicant's contractor
anticipates completion of the installation of a new septic system for the property by no later than
June 30t', 2022 rather than the required completion date of June lst, 2022 and therefore, Applicant
has requested that the Town Board grant him additional time to complete such work and to
extend the date on which the $2,000 escrow deposit he previously deposited with the Town shall
be automatically forfeited to the Town, and
WHEREAS, the Town's Acting Director of Building and Codes Enforcement has
recommended Town Board approval of this requested extension to June 30'', 2022,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants Guy DiMemmo additional time or until June 30'', 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 installation of a new wastewater treatment system located on
his property at 11 Nacy 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 June 30'', 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 131h day of June, 2022, by the following vote:
AYES
NOES
ABSENT :
ALAN R.RHODES BARTLETT,PONTIFF,STEWART& RHODES,P.C. GREGORY J.TEREsi
PHILIP C.MCINTIRE VICTORIA M.CRAFT
MARK A.LEBOWITZ ATTORNEYS AT LAW ALExANDRA C.DAVIS
J.LAWRENCE PALTROWiTZ P.O.BOX 2168 BENJAMIN R-PRATT,JR.
MALCOLM B.O'HARA ONE WASHINGTON STREET OF COUNSEL
PATRICIA E.WATKINS ROBERT S.MCMILLEN
MARK E.CERASANO GLENS FALLS,NEW YORK 12801-2168 RETIRED
BRUCE O.LIPINSKI RICHARD J.BARTLETT
PAULA NADEAU BERUBE 1926-2015
JONATHAN C.LAPPER TELEPHONE(518)792-2117 PAUL E.PONTIFF
JAMES R.BURKETT FAX(518)792-3309 1930-2021
STEFANIE DILALLO BITTER EMAIL Into aftsdamcom ROBERT S.STEWART
KARLA WILLIAMS BUETTNER WEBSITE wim.besdaw.com 1932-2001
JOHN D.WRIGHT BERTRAM J.DUBE
1916-1999
SERVICE BY FACSIMILE NOT ACCEPTED
May 26, 2022
Supervisor John Strough and
Town of Queesbury Town Board
742 Bay Road
Queensbury New York 12804
Re: 11 Nacy Road
Property Transfer Sewage Disposal Information Form
Dear Supervisor Strough and Town Board Members:
Please be advised that I represent Guy DiMemmo who took title of the above mentioned property
on March 10,2022.At that time we requested an exemption,because my client is in the process of
installing a new septic for the home. On the closing date we submitted the $2,000 refundable
deposit plus the$275 permit fee. At this time my client has retained Rick McGuire Excavation and
Trucking LLC and it is anticipated to be completed by no later than June 30, 2022
In speaking to John O'Brien relative to the status of the project he advised that it will be necessary
to submit and request an extension of the Septic Inspection since the new System will not be
installed by June 2022. Please accept this as my request for an extension and place this on your next
available agenda. I have enclosed the proposed Site Plans together with proposed Septic for your
review.
Sincerely,
Bartlett,Pontiff, Stewart&Rhodes,P.C.
Stefanie DiLallo Bitter
Direct Line:(518)832-6419
Direct E-mail. sdbaa.bpsrlamcvnl
Enclosure
713671