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WASTEWATER\Extension of Time Again to Complete Septic Demolition Per Property Transfer Law-Rutnik—10-16-2023
RESOLUTION GRANTING LYNNE COLLEEN MCNEIL RUTNIK
ADDITIONAL EXTENSION OF TIME TO COMPLETE
NEW CODE COMPLIANT SEWAGE DISPOSAL SYSTEM ON
PROPERTY LOCATED AT 316/321 GLEN LAKE ROAD
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, Lynne Colleen McNeil Rutnik (Applicant) previously advised the Town
Board, as the Town's Local Board of Health, that she 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, 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 would
not be completed within the required six (6) month time period, and
WHEREAS, Applicant therefore 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 until October 17'h, 2023 and in the
meantime, Applicant advised that the structure would not be inhabited, and
WHEREAS, by Resolution No.: BOH 28,2023, the Town Board approved Applicant's
requested additional time until October 17'h, 2023 to complete work, and
WHEREAS, by letter dated 4 October 2023, Applicant has advised that due to the
continuing litigation, the work has not been completed and therefore Applicant has requested a six
month extension or until April 171h, 2024 to complete such work 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 Lynne Colleen McNeil Rutnik additional time to obtain a certificate
of compliance from the Town's Building and Codes Enforcement Office 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 until April 17'h, 2024 with the
condition 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 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 all actions necessary to effectuate the terms of this Resolution.
Duly adopted this 161h day of October, 2023, by the following vote:
AYES
NOES
ABSENT :
/ ll \\9f
4 October 2023 OCT Q y 2023
TOWN OF QUEENSBURY
To: John Strough, Town Supervisor BUILDING&CODES
Queensbury Town Board
John O'Brien, Town of Queensbury Building Department
From: Lynne Colleen McNeil Rutnik and Brian Backus
On October 31st, 2022 we delivered the following letter to the Town of
Queensbury. "As one of the surviving heirs of Vernona McNeil I have acquired
the majority interest in my grandmother's property at 316/321 Glen Lake
Road, Lake George NY. The property at 316/321 Glen Lake Road is in the
process to be sold or transferred and will not be inhabited. My husband and
plan to demolish the existing structure and remove the OWTS within six
months. In order to qualify for the exemption, this notarized affidavit is
submitted to the Building and Codes Enforcement Office stating that the
dwelling will not be inhabited and that it will be demolished and the OWTS
fully removed within six months. In addition, a check payable to the Town of
Queensbury in the amount of$2,000 will accompany the notarized affidavit.
I/we understand that failure will result in forfeiture of the deposit pursuant to
§ 137-4C(6) unless an appeal to the Town Board is timely made pursuant to
§ 137-5, in which case the Town Board may grant an extension. "
As of this writing, we are currently in litigation in Albany County with the
minority owners working to achieve full ownership of 316/321 Glen Lake Road
with the assistance of Fitzgerald, Morris, Baker, & Firth. Additionally, we are
working with Hutchins Engineering for site planning and design. We have a
settlement conference scheduled with the presiding Judge on October 20th
2023.
Unfortunately, this process has taken much longer than we had anticipated
and we are requesting an additional six-month extension to our follow up
request dated April 5, 2022. I/we will ensure that the property is not occupied
during this extension. It is our hope to complete the legal work and site plans
to be able to come before the Town of Queensbury as soon as possible with
all appropriate documents and plans to move forward with the demolition and
subsequent construction of a new home and septic system.
Respectfully submitted,
Lynne Colleen McNeil Rutnik and Brian Backus
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 31st, 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
i 1 ,
WHEREAS, Applicant has therefore requested that the Town Board grant additional
time, until October 17th, 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 17th, 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 17th,
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 17th,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 17th day of April, 2023, by the following vote:
AYES Mr. McNulty, Mr. Strough,Mr. Freer,Mr. Ferone
NOES : None
ABSENT : Mr. Metivier