BOH 050.2023 Granting Ginnie Chagnon Farrell a Waiver of Escrow Deposit and an Extension of Time RESOLUTION GRANTING GINNIE CHAGNON FARRELL
A WAIVER OF ESCROW DEPOSIT AND AN EXTENSION OF TIME
TO COMPLETE INSTALLATION OF CODE COMPLIANT ONSITE
WASTEWATER TREATMENT SYSTEM ON PROPERTY
LOCATED AT 11 PALMER DRIVE
RESOLUTION NO.: BOH 50,2023
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, by Resolution the Queensbury Town Board previously 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 an OWTS meeting
all standards is not completed within the time provided, and
WHEREAS, a change of deed for property located at 11 Palmer Drive in the Town (Tax
Map No.: 316.17-1-8) occurred on or about December 91h, 2022 and when the required property
transfer septic inspection took place, it was found that the existing OWTS was deficient;
however, a new Code compliant OWTS is not able to be completed within the required six (6)
month time period, and
WHEREAS, by letter dated July 20, 2023, Ginnie Chagnon Farrell (Applicant), advised
that due to a financial hardship, Applicant is unable to pay the required $2,000 refundable escrow
deposit and unable to arrange for installation of a new OWTS and therefore has requested that
the Town Board grant a waiver of such deposit and additional time to complete such work to
August 21", 2024 and the Director of Building and Codes Enforcement has recommended Town
Board approval of this requested waiver and extension,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants Ginnie Chagnon Farrell a waiver of the required $2,000 refundable
escrow deposit and an extension of time 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 onsite wastewater treatment system (OWTS) on Property located at 11
Palmer Drive until August 21", 2024, and
BE IT FURTHER,
RESOLVED, that the existing camp on the Property shall not be inhabited nor utilized for
rental use until a new Code compliant OWTS 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 21" day of August, 2023, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough Mr. Metivier
NOES None
ABSENT : None