BOH 055.2022 Granting Paul Derby Extension of Time - Complete Wastewater Alterations RESOLUTION GRANTING PAUL DERBY AN EXTENSION OF TIME TO
COMPLETE WASTEWATER SYSTEM ALTERATIONS ON
PROPERTY LOCATED AT 25 CANTERBURY DRIVE
RESOLUTION NO.: BOH 55,2022
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
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 31, 2022, Paul Derby (Applicant) advised that as a result
of a septic inspection of his property located at 25 Canterbury Drive in the Town of Queensbury
(Tax Map No.: 289.17-1-20) on May 20, 2022 Applicant wishes to obtain an updated elevation
survey of the property, develop an engineered septic system and secure the necessary variances
from the Board of Health to complete the installation of a replacement wastewater treatment
system on his property and therefore, the 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 November 20'', 2022,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants Paul Derby additional time or until November 20'', 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 replacement wastewater treatment system
located on his property at 25 Canterbury Drive, Queensbury and to extend the date on which the
$2,000 escrow deposit shall be automatically forfeited to the Town until such date of November
20'', 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, and
BE IT FURTHER,
RESOLVED, with the condition that the property shall not be utilized for rental until and
unless the new septic system is installed, and
BE IT FURTHER,
RESOLVED, with the condition that this approval in no way approves any of the variances
that might be forthcoming for the forthcoming septic system.
Duly adopted this 131h day of June, 2022, by the following vote:
AYES Mr. Freer, Ferone, Mr. Strough, Mr. Metivier
NOES None
ABSENT : Mr. McNulty