BOH 028.2023 Granting Lynne McNeil Rutnik Ext of Time - Complete Sewage System - 316-321 Glen Lk Rd 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.: BOH 28,2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
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 31", 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 Mr. McNulty, Mr. Strough, Mr. Freer, Mr. Ferone
NOES None
ABSENT : Mr. Metivier