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WASTEWATER\Extension of Time to Complete Septic Alteration&Escrow Deposit Per Property Transfer Law-Wetherbee—Trust Transfer—51
Mason-11-7-2022
RESOLUTION GRANTING THE WILLIAM B. WETHERBEE TRUST
AN EXTENSION OF TIME TO COMPLETE WASTEWATER SYSTEM
ALTERATIONS ON PROPERTY LOCATED AT 51 MASON 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 September 30, 2022, William Wetherbee on behalf of the
William B. Wetherbee Trust, (Applicant) advised that due to his septic contractor's schedule,
Applicant will be unable to arrange for completion of the upgrade of the existing septic system on
Applicant's property located at 51 Mason Road in the Town of Queensbury(Tax Map No.: 226.16-
1-19) by January 26, 2023 and therefore, Applicant has requested that the Town Board grant
additional time (at least six months) 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 July 26, 2023,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants the William B. Wetherbee Trust additional time or until July 26,
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 upgrade of the existing septic system
located on property located at 51 Mason 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 July 26, 2023
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 71h day of November, 2022, by the following vote:
AYES
NOES
ABSENT :
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To: John S%noumh.Supervisor
Queensbury Town Board
From: William VVetherbee
18 Hillman Road
Clueonsbury, NY12QO4
5187441917
1917@roadrunne rcom
Date: 30Sep2022
Subject: Request for extension for<]VVTSinspection
Raference# PT'0468'3032
Case Number SEP-0213-2022
Job Address S1 Mason Road, C|everda|e, NY1282O.TAX MAP N8.:226.1G-1-19
Property transferred toVVetherbee Murdoch Family Irrevocable Income
Only Trust dated 2Sept2O22
|n preparation for transferring the property into the trust,work was started onthe septic system in
spring 2022.The$2,000 fee to the Town of Queensbury was paid on 26JuI2022 so the title could be
transferred. My understanding is that the work needs to be completed within 6 months of July 26,2022.
Due to septic contractor schedule,the required work will not be done within this 6 month timeframe.
The house is currently vacant and the water has been drained for winter.
The purpose of this letter is to request an extension of at least 6 months in order for the contractor to
cornp|etethesepticvvork.Theinopectionxv1||mccurinthesphngof2O23vvhenthexmorkhasbeen
completed and the water(s turned back on.