BOH 030.2023 Granting Wendy Hoffman Extension of Time RESOLUTION GRANTING WENDY HOFFMAN AN EXTENSION OF
TIME TO COMPLETE NEW CODE COMPLIANT SEWAGE DISPOSAL
SYSTEM ON PROPERTY LOCATED AT 146 LAKE PARKWAY
RESOLUTION NO.: BOH 30,2023
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, a change of deed for Wendy Hoffman's (Applicant) property located at 146
Lake Parkway, Queensbury identified as Tax Map No.: 226.15-1-8 occurred on or about July 131h
2022 and when the required property transfer septic inspection took place, it was found that the
existing sewage disposal system was deficient, and
WHEREAS, by letter received by the Town's Building and Codes Department on or
about May 8 h, 2023, Applicant advised that due to winter weather, Applicant was unable to
conduct needed tests for design of a new septic system but a new property survey is now being
conducted and once a new septic system is designed, it is anticipated that installation of the new
septic system should be completed over the summer and therefore, Applicant has requested that
the Town Board grant a six month extension or until November 15'', 2023 to complete such
work and extend the date on which the $2,000 escrow deposit Applicant previously deposited
with the Town 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 November 15'', 2023
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants Wendy Hoffman additional time or until November 15'', 2023 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 on property located at 146 Lake Parkway, Queensbury and to extend the date on which the
$2,000 escrow deposit be automatically forfeited to the Town until such date of November 15'',
2023 with the condition(s) 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]
the property shall not be utilized for rental purposes until the new Code compliant sewage
disposal system 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 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 15Ih day of May, 2023, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. McNulty, Mr. Strough
NOES None
ABSENT : Mr. Ferone