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WASTEWATER\Extension of Time to Complete Septic Alteration&Escrow Deposit Per Property Transfer Law-McNeil Rutnik-316-321 Glen Lake-4-17-2023
RESOLUTION GRANTING LYNNE COLLEEN MCNEIL RUTNIK
EXTENSION OF TIME TO COMPLETE NEW CODE COMPLIANT
SEWAGE DISPOSAL SYSTEM ON PROPERTY LOCATED
AT 316/321 GLEN LAKE ROAD
RESOLUTION NO.: ,2023
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, Lynne Colleen McNeil Rutnik (Applicant) acquired the majority interest in
the property located at 316/321 Glen Lake Road identified as Tax Map Nos: 289.9-1-83 and
289.9-1-58 (Property) on or about October 31st, 2022, and by letter dated 5 April 2023, Applicant
has advised that the existing structure on such Property will be demolished and the onsite
wastewater treatment system removed; however, due to litigation regarding full ownership of the
Property, the demolition of the structure and the onsite wastewater treatment system removal
process will not be completed within the required six (6) month time period, and
WHEREAS, Applicant has therefore requested that the Town Board grant additional
time, until October 17'', 2023 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 in the meantime, Applicant has advised that the structure will not be inhabited, and
WHEREAS, the Director of Building and Codes Enforcement has recommended Town
Board approval of this requested extension to October 17'', 2023,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants Lynne Colleen McNeil Rutnik additional time or until October 17'',
2023 to obtain a certificate of compliance from the Town's Building and Codes Enforcement
Office as set forth in Chapter 137 to complete demolition of the existing structure and
installation of a new Code compliant onsite wastewater treatment system on Property located at
316/321 Glen Lake 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 October 17'', 2023, and
BE IT FURTHER,
RESOLVED, that the structure on the Property shall not be inhabited and the Property shall
not be utilized for rental use until demolition is complete and a new Code compliant onsite
wastewater treatment has been approved and installed, 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 Director of Building and Codes Enforcement to take any
and all actions necessary to effectuate all terms of this Resolution.
Duly adopted this 17Ih day of April, 2023, by the following vote:
AYES
NOES
ABSENT :
5 April 2023 -
To: John Strough , Town Supervisor
Queensbury Town Board
John O' Brien , Town of Queensbury Building Department
From . Lynne Colleen McNeil Rutnik
On October 315t, 2022 we delivered the following letter to the Town of
Queensbury. "As one of the surviving heirs of Vernona McNeil I have acquired
the majority interest in my grandmother's property at 316/321 Glen Lake
Road , Lake George NY. The property at 316/321 Glen Lake Road is in the
process to be sold or transferred and will not be inhabited. My husband and
plan to demolish the existing structure and remove the OWTS within six
months. In order to qualify for the exemption , this notarized affidavit is
submitted to the Building and Codes Enforcement Office stating that the
dwelling will not be inhabited and that it will be demolished and the OWTS
fully removed within six months. In addition , a check payable to the Town of
Queensbury in the amount of $2 ,000 will accompany the notarized affidavit.
I/we understand that failure will result in forfeiture of the deposit pursuant to
§ 1374C(6) unless an appeal to the Town Board is timely made pursuant to
§ 137=5, in which case the Town Board may grant an extension . "
As of this writing , we are currently in litigation in Albany County with the
minority owners working to achieve full ownership of 316/321 Glen Lake Road
with the assistance of Fitzgerald , Morris, Baker, & Firth . Additionally, we are
actively working with Hutchins Engineering for site planning and design .
Unfortunately , this process is taking much longer than we had anticipated and
we are requesting a six-month extension to our initial request dated October
31 , 2022. I/we will ensnare that the property is not occupied during this
extension . It is our hope to complete the legal work and site plans to be able
to come before the Town of Queensbury as soon as possible with all
appropriate documents and plans to move forward with the demolition and
subsequent construction of a new home and septic system .
Respectfully submitted- ,
Lynne Colleen McNeil Rutnik