BOH 052.2022 Granting Orban Additional Extension to Complete Installation RESOLUTION GRANTING STEPHEN AND MEGHAN ORBAN
ADDITIONAL EXTENSION OF TIME TO COMPLETE INSTALLATION
OF NEW WASTEWATER SYSTEM ON PROPERTY
LOCATED AT 21, 25 DUNCAN COVE
RESOLUTION NO.: BOH 52,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
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 4, 2022, Stefanie DiLallo Bitter, on behalf of Stephen
and Meghan Orban (Applicants) advised that the Applicants took title of property located at 21, 25
Duncan Cove in the Town of Queensbury (Tax Map No.: 226.16-1-7) in January 27, 2022 with the
intention of demolishing the existing structure and reconstructing the septic system at the time their
new home is constructed with the new septic system scheduled to be installed and running in the
spring of 2023, and
WHEREAS, since the new septic system will not be installed by June 2022, the
Applicants requested that the Town Board grant additional time to complete such work and
extend the date on which the $2,000 escrow deposit Applicants previously deposited with the
Town shall be automatically forfeited to the Town and the Acting Director of Building and
Codes Enforcement recommended that the Town Board as the Town's Local Board of Health
approve this requested extension to May 1, 2023, and
WHEREAS, by Resolution No.: 218, 2022, the Town Board authorized and granted the
Applicants additional time or until June 13'', 2022 to complete such work and obtain a certificate
of compliance from the Town's Building and Codes Enforcement Office, and
WHEREAS, the Town Board requested additional information from the Applicants and
agreed to an extension to gather that information, and
WHEREAS, the Applicants have provided the Local Board of Health with the requested
additional information, and
WHEREAS, the Acting Director of Building and Codes Enforcement has recommended
that the Town Board as the Town's Local Board of Health approve the requested extension to
May 1, 2023, and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants Stephen and Meghan Orban additional time or until May 1, 2023 to
obtain a certificate of compliance from the Town's Building and Codes Enforcement Office as
set forth in Chapter 137 for completion of Applicants' new septic system located on their
property located at 21, 25 Duncan Cove, Queensbury and to extend the date on which the $2,000
escrow deposit shall be automatically forfeited to the Town until such date of May 1, 2023 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,
and,
BE IT FURTHER,
RESOLVED, with the condition that there will be no use of the facility until the new septic
system has been installed.
Duly adopted this 13Ih day of June, 2022, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES None
ABSENT : Mr. McNulty