BOH 037.2023 47 Knox Road Extension of Time RESOLUTION GRANTING 47 KNOX LLC AN EXTENSION OF TIME TO
COMPLETE NEW CODE COMPLIANT SEWAGE DISPOSAL SYSTEM
ON PROPERTY LOCATED AT 47 KNOX ROAD
RESOLUTION NO.: BOH 37,2023
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
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, and
WHEREAS, a change of deed for property located at 47 Knox Road in the Town(Tax Map
No.: 239.7-1-10) occurred on or about August 23rd, 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 replacement septic system will not able to be completed within the
required six (6) month time period, and
WHEREAS, by letter dated January 5, 2023, Jonathan C. Lapper, Esq., on behalf of new
owner 47 Knox Road, LLC, (Applicant), advised that due to needed approvals from the Town's
Planning and Zoning Boards related to Applicant's plans for the proposed demolition of the existing
structure and construction of a new home including a replacement septic system on the site,
Applicant is unable to arrange for installation of a Code compliant sewage disposal system and
therefore has requested that the Town Board grant additional time 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 December 51h, 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 47 Knox Road, LLC additional time or until December 5 h, 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 construction of a
new home including installation of a new Code compliant onsite wastewater treatment system on
Property located at 47 Knox 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 December 5 h, 2023, and
BE IT FURTHER,
RESOLVED, that the existing 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 for the new home construction has been approved and installed as
confirmed by the Director of Building and Codes Enforcement, and
BE IT FURTHER,
RESOLVED, that the Town Board 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 191h day of June, 2023, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT : None