BOH 069.2023 Granting Lynne Colleen McNeil Rutnik Additional Ext. of Time 316, 321 Glen Lake Road 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.: BOH 069,2023
INTRODUCED BY: Mr. Harrison Freer
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, 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'', 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'', 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 Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES None
ABSENT : None
I, Colleen Rathbun, Deputy Town Clerk of the Town of Queensbury, Warren County,New York, do hereby
certify that I have compared the foregoing with the original resolution as listed above adopted at a regular
meeting of the Town Board of the Town of Queensbury held on the 16th day of October 2023 at which a
quorum was present and that the same is a correct transcript therefrom and of the whole original thereof to
date.
IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, this 18th
day of October,2023.
SEAL SIGNED:
Colleen Rathbun
Deputy Town Clerk
Town of Queensbury