BOH 070.2023 Granting Heidi Schill and Nicole Frank Ext. of Time 384 Cleverdale Road RESOLUTION GRANTING HEIDI SCHILLE AND NICOLE FRANK
AN EXTENSION OF TIME TO COMPLETE NEW CODE COMPLIANT
SEWAGE DISPOSAL SYSTEM ON PROPERTY LOCATED
AT 384 CLEVERDALE ROAD
RESOLUTION NO.: BOH 070,2023
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
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 Heidi Schille and Nicole Frank's (Applicants) property
located at 384 Cleverdale Road, Queensbury identified as Tax Map No.: 226.12-1-57 occurred and
when the required property transfer septic inspection took place on or about May 22, 2023, no
existing sewage disposal system was found and therefore the property transfer septic inspection
failed and a replacement septic system will not able to be completed within the required six (6)
month time period, and
WHEREAS, by letter dated October 1, 2023, Applicants advised that due to time
constraints for design, possible variances, winter conditions and/or contractors' availability,
Applicants have requested that the Town Board grant additional time to complete such work and
extend the date on which the $2,000 escrow deposit Applicants previously deposited with the
Town be automatically forfeited to June lst, 2024 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 Heidi Schille and Nicole Frank additional time or until June 1 st
2024 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 384 Cleverdale Road, Queensbury and to extend the date
on which the $2,000 escrow deposit be automatically forfeited to the Town until such date of June
1', 2024 with the condition(s) that in the meantime, the property shall not be utilized for
rental purposes until the new Code compliant sewage disposal system has been approved and
installed as confirmed by the Director of Building and Codes Enforcement, 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 161h day of October, 2023, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
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