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WASTEWATER\Extension of Time Again to Complete Septic Alteration&Escrow Deposit Property Transfer Law-Derby—25 Canterbury Drive-11-7-2022
RESOLUTION GRANTING PAUL DERBY ADDITIONAL EXTENSION
OF TIME TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON
PROPERTY LOCATED AT 25 CANTERBURY DRIVE
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 31, 2022, Paul Derby (Applicant)previously 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 wished 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 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 the Town's Acting Director of Building and Codes Enforcement recommended Town
Board approval of the requested extension to November 20d', 2022, and
WHEREAS, by Resolution No.: BOH 55,2022, the Town Board authorized and granted
Applicant the requested additional time or until November 201h, 2022 to complete installation of
the replacement wastewater treatment system and obtain a certificate of compliance from the
Town's Building and Codes Enforcement Office, and
WHEREAS, by letter dated October 20, 2022, Applicant has advised that due to his
surveyor's busy schedule, the needed topographical survey for engineering a wastewater septic unit
was not available until September 16d' and he will also need to come before the Town's Local
Board of Health to request needed variances and as a result installation of the replacement
wastewater treatment system cannot be completed by November 22nd 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 to November 15'h, 2023, and
WHEREAS, the Acting Director of Building and Codes Enforcement has recommended
Town Board approval of this requested extension,
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 15'h, 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 the installation of the 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
15'h, 2023 as delineated in this Resolution with the conditions that:
I) the property shall not be utilized for rental until and unless the new replacement
wastewater treatment system is installed; and
2) this approval in no way approves any of the variances that might be forthcoming for
the new replacement wastewater treatment system; and
BE IT FURTHER,
RESOLVED, that the Town Board, as the Town's Local Board of Health, further
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 7fh day of November, 2022, by the following vote:
AYES
NOES
ABSENT :
CIO
October 20, 2022
RE: Second extension request for septic system installation for Paul Derby at 25
Canterbury Drive
To Supervisor John Strough, Queensbury Board of Health:
This is a request for a second extension to install a septic system at 25 Canterbury Drive,
Lake George (Queensbury), NY 12845 [tax map#289.17-1-20, owner Paul Derby]. After
an inspection on May 20, 2022 by John O'Brien, Director of Building and Code
Enforcement, it was determined that the existing 1000 gallon holding tank does not meet
Town requirements. At that time, a six-month extension was granted by the Town Board
of Health [June 13, BOH 55;2022].
However, due to the very busy schedule of the surveyor, the topographical survey
needed for engineering a wastewater septic unit was not available until September 16.
The survey has been provided to ONSITE Engineering. Subsequent to completion of that
plan, I will need to come before the Queensbury Board of Health to request needed
variances. As a result, the installation of a new and permitted wastewater treatment unit
cannot be completed by the November deadline.
I am requesting a one-year extension to November 15, 2023, to allow sufficient time to
secure potential variances and find contractors to do the septic installation and.other
additional work related to the project, which has been challenging. Please note there is
no one living at the residence. Over the next year, the residence will be very minimally
used, and it will not be rented.
Thank you for your time and consideration on this matter. If you have questions or
require additional information, please contact me at glernlakeca)roadrunner.com or 518-
761-7015.
• .___,e.m lr�
ectfully, �nn `' '
7
OCT 2 0 2022 ;
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pjl4. . i�r. t.. ...
Paul Derby TU ���p� cz q }
Li l_LJw.:' ....
ATT:John O'Brien
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
r
WHEREAS, the Town's Acting Director of Building and Codes Enforcement has
recommended Town Board approval of this requested extension to November 20'h, 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 201h, 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 13'h day of June,2022,by the following vote:
AYES Mr. Freer, Ferone, Mr. Strough, Mr. Metivier
NOES None
ABSENT : Mr. McNulty