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WASTEWATER\Extension of Time Again to Complete Holding Tank Replacement and Escrow Deposit Per Property Transfer Law-Barlow—6-5-2023
RESOLUTION GRANTING DAVID BARLOW ADDITIONAL
EXTENSION OF TIME TO COMPLETE INSTALLATION OF HOLDING
TANK SYSTEM ON PROPERTY LOCATED AT 22 WARD LANE
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, 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, and
WHEREAS, David Barlow (Applicant) previously advised the Town Board, as the Town's
Local Board of Health, that when the required property transfer septic inspection took place for
his property located at 22 Ward Lane (Tax Map No.: 240.6-1-6), it was found that the existing
wastewater system was deficient; however, the proposed new holding tank system was not able
to be completed within the required six (6) month time period due to the time of year and timing
of permitting, and
WHEREAS, Applicant therefore requested that the Town Board grant him additional
time to complete installation of the holding tank system and extend the date by which the $2,000
escrow deposit Applicant previously deposited with the Town be automatically forfeited to June
3rd 2023, and
WHEREAS, by Resolution No.: BOH 3,2023, the Town Board approved Applicant's
variance to allow installation of the holding tank system and authorized and granted Applicant the
requested additional time or until June 3rd, 2023 to complete such installation and obtain a
certificate of compliance from the Town's Building and Codes Enforcement Office, and
WHEREAS, by letter dated May 30, 2023, Hutchins Engineering, PLLC, agent for
Applicant, advised that they have had difficulty acquiring the sewage pump system required to
complete installation of the holding tank system and therefore has requested that the Town Board
grant Applicant additional time to complete such work and extend the date by which the $2,000
escrow deposit Applicant previously deposited with the Town be automatically forfeited to
September 1, 2023 and the 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 David Barlow additional time to obtain a certificate of compliance
from the Town's Building and Codes Enforcement Office to complete installation of the holding
tank system on his property located at 22 Ward Lane, Queensbury and extends the date by which
the $2,000 escrow deposit the Applicant previously deposited with the Town be automatically
forfeited until September 1 ', 2023 with the condition that the premises shall not be utilized for
rental purposes until and unless the holding tank system has been installed as confirmed by the
Director of Building and Codes Enforcement and authorizes and directs the Town Supervisor
and/or Director of Building and Codes Enforcement to and take any and all actions necessary to
effectuate all terms of this Resolution.
Duly adopted this 51h day of June, 2023, by the following vote:
AYES
NOES
ABSENT :
169 Haviland Road
Queensbury, NY 12804
Hutchins Engineering PLLC Phone: (51 ) 745 307
Fax:May 30, 2023
Town of Queensbury Town Board
Board of Health
742 Bay Road
Queensbury NY 12804
Re: Dave Barlow
22 'Ward Lane
Tax Map ID: 240.6-1-6
Dear Supervisor Strough & Town Board Councilmen:
This office represents Mr. Dave Barlow with respect to the installation of the previously
approved holding tank system installation at his property located at 22 Ward Lane.
We are currently having difficulty acquiring the sewage pump system required to complete the
installation before the current extension expires. At this time the tanks are installed but we
cannot complete the installation until delivery of the package pump station. We are requesting
an extension from the property transfer law requirements for the completion of the installation of
the holding tank system and force main until September 1 ,2023_
We respectfully request, if possible, that this item be placed on the agenda of the nest town
board meeting. Please contact me if you have any questions or if you require additional
information .
Best Regards,
Ip
Thomas R. Center Jr. , P.E. i"
Associate - L)esign Engineer ; •� - - W,Id
t
s
Cc: Dave Barlow
RESOLUTION APPROVING DAVID BARLOW'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 3, 2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, David Barlow (Applicant) filed an application for a variance from provisions
of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, § 136- 11 which
requires applicants to obtain a variance for holding tanks as the Applicant wishes to replace a
wastewater system by installing, a holding tank system consisting of two (2) .holding tanks each with
a capacity of 1 ,500 gallons for a total capacity of 3,000 gallons, thus meeting and exceeding the
required total capacity of 2,000 gallons on property located at 22 Ward Lane in the Town of
Queensbury, and
WHEREAS, Town Code Chapter 137 requires inspection of Onsite Wastewater
Treatment Systems (OWTS) prior to the sale 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, and
WHEREAS, a change of deed for the Applicant' s property occurred on or about
September 1 , 2022 and when the required property transfer septic inspection took place, it was
found that the existing wastewater system was deficient; however, the proposed new system is
not able to be completed within the required six (6) month time period due to the time of year
and timing of permitting, and
WHEREAS, the Applicant therefore applied for a timeline extension or until June 3"d, 2023
to install the system 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
WHEREAS, the Town's Director of Building and Codes Enforcement has recommended
Town Board approval of this requested extension, and
WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's
official newspaper and the Local Board of Health duly conducted a public hearing concerning the
variance request on Monday, February 13`', 2023, and
WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners
within 500 feet of the subject property,
NOW, THEREFORE, BE IT
RESOLVED, that
1 . due to the nature of the variance, the Local Board of Health determines that the
variance would not be materially detrimental to the purposes and objectives of this
Ordinance or other adjoining properties nor otherwise conflict with the purpose and
objectives of any Town plan or policy; and
2. the Local Board of Health finds that the granting of the variance is necessary for the
reasonable use of the land and is the minimum variance which would alleviate the
specific unnecessary hardship found by the Local Board of Health to affect the
Applicant; and
BE 1T FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of the David
Barlow for a variance from the Sewage Disposal Ordinance to allow installation of a bolding tank
system consisting of two (2) holding tanks each with a capacity of 1 ,500 gallons for a total capacity
of 3,000 gallons, thus meeting and exceeding the required total capacity of 2,000 gallons on
property located at 22 Ward Lane in the Town of Queensbury and bearing Tax Map No: 240.6- 1 -6,
r
and
BE IT FURTHER,
RESOLVED, that the Local Board of Health further authorizes and grants the Applicant
additional time to obtain a certificate of compliance from the Town's Building and Codes
Enforcement Office as set forth in Chapter 137 to install the holding tank system and extends the
date on which the $2,000 escrow deposit the Applicants previously deposited with the Town be
automatically forfeited to the Town until June 3"; 2023 and authorizes and directs the Director
of Building and Codes Enforcement to take any and all actions necessary to effectuate the terms
of this Resolution, and
BE IT FURTHER,
RESOLVED, that the premises shall not be utilized for rental purposes until the holding
tank system has been installed as confirmed by the Director of Building and Codes Enforcement,
and
BE IT FURTHER;
RESOLVED, that excess excavated material shall be placed so as to comply with the ten
foot ( 10') setback requirement, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by
certified mail a certified copy of this Resolution to the Adirondack Park Agency (APA) for its
review, and
BE IT FURTHER,
J
RESOLVED, that this approval Resolution shall not be effective until 30 days after such
notice to the APA. and shall be subject to review by the APA during such period.
Duly adopted this 13`h day of February, 2023 , by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None