BOH 022.2023 Granting 268 Glen Lake LLC Extension of Time RESOLUTION GRANTING 268 GLEN LAKE LLC EXTENSION OF TIME
TO COMPLETE NEW CODE COMPLIANT SEWAGE DISPOSAL
SYSTEM ON PROPERTY LOCATED AT 268 GLEN LAKE ROAD
RESOLUTION NO.: BOH 22,2023
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
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, a change of deed for the Applicants' property occurred on or about
November 7 h, 2022 and when the required property transfer septic inspection took place, it was
found that the existing sewage disposal system was deficient; however, the proposed new system
will not able to be completed within the required six (6) month time period due to inclement
weather, the challenges of scheduling contractors and the need for septic variances, and
WHEREAS, by letter dated March 21, 2023, Ethan Peter Hall, on behalf of Charlie
Hoertkorn and Mike Delsignore of 268 Glen Lake LLC (Applicant), advised that due to delays in
obtaining the topographic property survey, weather conditions, needed engineering design work and
current project volume at the Town Planning and Zoning Department, Applicant is unable to
arrange for installation of a new Code compliant sewage disposal system on Applicant's property
located at 268 Glen Lake Road in the Town of Queensbury (Tax Map No.: 289.13-1-4) and
therefore, Applicant has requested that the Town Board grant additional time, until April 3, 2024
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
WHEREAS, the Director of Building and Codes Enforcement has recommended Town
Board approval of this requested extension to April 3, 2024,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants 268 Glen Lake LLC additional time or until April 3, 2024 to obtain
a certificate of compliance from the Town's Building and Codes Enforcement Office as set forth
in Chapter 137 to complete installation of a new Code compliant sewage disposal system located
on property at 268 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 April 3, 2024 as
delineated in this Resolution, with the condition that in the meantime, the Applicant provide a 1,500
gallon plastic holding tank to act as a holding tank for the property for Applicant's own personal use
and not for rental purposes, until Applicant completes all Planning and Zoning applications and
requirements pertaining to renovation of the current home from a seasonal residence to a year-round
residence and the construction and approval of the new replacement wastewater system installed as
described in the 21 March 2023 letter from Rucinski Hall Architecture to John O'Brien of the Town
of Queensbury Code Enforcement Office, 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 3rd day of April, 2023, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES None
ABSENT : None