2.2 2.2
WASTEWATER\Extension of Time Again 2x to Complete Septic Alteration&Escrow Deposit Property Transfer Law-Derby—25 Canterbury Drive-11-6-2023
RESOLUTION GRANTING PAUL DERBY ADDITIONAL EXTENSION
OF TIME TO COMPLETE INSTALLATION OF COMBINATION
REPLACEMENT WASTEWATER SYSTEM ON PROPERTY
LOCATED AT 25 AND 31 CANTERBURY DRIVE
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" set forth at Queensbury
Town Code Chapter 137 and by Resolution Nos: 176,2019 and 47,2020 adopted Local Laws 5 of
2019 and 1 of 2020 respectively 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, by letter dated May 31, 2022, Paul Derby (Applicant) advised that as a result
of a septic inspection of his property located at 25 Canterbury Drive (Tax Map No.: 289.17-1-20)
Applicant wished to obtain an updated elevation survey of the property, develop an engineered
septic system and secure the necessary variances from the Local Board of Health to complete
installation of a replacement wastewater treatment system and therefore, requested additional
time to complete such work and by Resolution No.: BOH 55, 2022, the Town Board authorized
and granted Applicant the requested additional time or until November 20'', 2022, and
WHEREAS, by letter dated October 20, 2022, Applicant requested that the Town Board
grant additional time to complete such work and by Resolution No.: BOH 89,2022, the Town
Board authorized an extension through November 20'', 2023, and
WHEREAS, by email dated October 20, 2023, Applicant has advised that due to the
complexity of a proposed combination replacement wastewater treatment system to serve
Applicant's properties located at 25 and 31 Canterbury Drive, the engineered plan only recently
having been completed and the need to secure variances, Applicant has requested a six (6) month
extension of time to complete installation of the system or until May 151h, 2024 and the Director
of Building and Codes Enforcement has recommended approval of this request,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants Paul Derby (Applicant) additional time or until May 151h, 2024 to
obtain a certificate of compliance from the Town's Building and Codes Enforcement Department
to complete installation of a combination replacement wastewater treatment system to serve
properties located at 25 and 31 Canterbury Drive and to extend the date on which the $2,000 escrow
deposit shall be automatically forfeited until May 15'h, 2024 with the conditions that:
1) the property at 25 Canterbury Drive shall not be utilized for rental until and unless
the combination replacement wastewater treatment system is installed; and
2) this approval in no way approves any of the variances that might be forthcoming for
the combination replacement wastewater treatment system; 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 and take any and all actions necessary to
effectuate all terms of this Resolution.
Duly adopted this 6fh day of November, 2023, by the following vote:
AYES
NOES
ABSENT :
From: "Derby,Paul" <paul.derby@vermontstate.edu>
Date: October 20, 2023 at 2:31:58 PM EDT
To: John O'Brien<JolmO@queensbury.net>
Subject: DERBY septic extension
RE: Derby, Paul Septic extension
To John O'Brien:
Per our conversation, please find attached for your review an engineered septic plan for a
• combined ETU (Clarus unit and bottomless sand filter) septic system for 25 and 31 Canterbury
Dr., (Glen Lake), Lake George, NY 12845. Both properties are owned by Paul Derby and Lorraine
Stein. Due to the complexity of this proposed combined system and the workload of the
engineering firm,this version of the engineered plan has only recently been completed and
made available to me on October 17, 2023. In addition,this proposal will require variances
from the Queensbury Board of Health. Because of these factors, I am requesting an extension
to install a septic system at 25 Canterbury Dr. My goal is to get the plan approved this
November and get.the system installed as soon as possible after the approval. Note that the
current septic system at 25 Canterbury is not being used, and no one will live there prior to the
installation of a new system. Therefore, I am requesting a modest extension of six months,to
May 15, 2024. Thank you for your time on this important matter. If you have questions or need
additional information at this time, please contact me via email at
paul.derby@vermontstate.edu or my cell 518-796-0524. I will also give Supervisor Strough a
headsup on this request.
•
- 1-
•
•
Respectfully,
Paul Derby
Professor Paul Derby, PhD
Chair, Department of the Social Sciences
Vermont State University at Castleton
252 Leavenworth Hall
Castleton VT 05735
paul.derby@vermontstate.edu, 802-468-1469
RESOLUTION GRANTING PAUL DERBY ADDITIONAL EXTENSION
OF TIME TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON
PROPERTY LOCATED AT 25 CANTERBURY DRIVE
RESOLUTION NO.: BOH 89,2022
INTRODUCED BY: Mr.George Ferone
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,by letter dated May 31, 2022, Paul Derby (Applicant)previously advised that
as a result of a septic inspection of his property located at 25 Canterbury Drive in the Town of
Queensbury(Tax Map No.: 289.17-1-20) on May 20, 2022 Applicant wished to obtain an updated
elevation survey of the property, develop an engineered septic system and secure the necessary
variances from the Board of Health to complete the installation of a replacement wastewater
treatment system on his property and therefore, the Applicant requested that the Town Board
grant him additional time to complete such work and to extend the date on which the $2,000
escrow deposit he previously deposited with the Town shall be automatically forfeited to the
Town, and the Town's Acting Director of Building and Codes Enforcement recommended Town
Board approval of the requested extension to November 20th,2022, and
WHEREAS, by Resolution No.: BOH 55, 2022, the Town Board authorized and granted
Applicant the requested additional time or until November 20th, 2022 to complete installation of
the replacement wastewater treatment system and obtain a certificate of compliance from the
Town's Building and Codes Enforcement Office, and
WHEREAS, by letter dated October 20, 2022, Applicant has advised that due to his
surveyor's busy schedule,the needed topographical survey for engineering a wastewater septic unit
was not available until September 16th and he will also need to come before the Town's Local
Board of Health to request needed variances and as a result installation of the replacement
wastewater treatment system cannot be completed by November 22°a and therefore Applicant 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 shall be
automatically forfeited to the Town to November 15th, 2023, and
WHEREAS, the Acting 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 Paul Derby additional time or until November 15th, 2023 to obtain a
certificate of compliance from the Town's Building and Codes Enforcement Office as set forth in
Chapter 137 for completion of the installation of the replacement wastewater treatment system
located on his property at 25 Canterbury Drive, Queensbury and to extend the date on which the
$2,000 escrow deposit shall be automatically forfeited to the Town until such date of November
15th,2023 as delineated in this Resolution with the conditions that:
1) the property shall not be utilized for rental until and unless the new replacement
wastewater treatment system is installed;and
2) this approval in no way approves any of the variances that might be forthcoming for
the new replacement wastewater treatment system;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 7th day of November, 2022, by the following vote:
AYES Mr. Ferone, Mr. McNulty,Mr. Strough, Mr. Metivier,Mr. Freer
NOES None
ABSENT : None
RESOLUTION GRANTING PAUL DERBY AN EXTENSION OF TIME TO
COMPLETE WASTEWATER SYSTEM ALTERATIONS ON
PROPERTY LOCATED AT 25 CANTERBURY DRIVE
RESOLUTION NO.: BOH 55,2022
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 as established
by Chapter 137, and
WHEREAS, by letter dated May 31, 2022, Paul Derby(Applicant) advised that as a result
of a septic inspection of his property located at 25 Canterbury Drive in the Town of Queensbury
(Tax Map No.: 289.17-1-20) on May 20, 2022 Applicant wishes to obtain an updated elevation
survey of the property, develop an engineered septic system and secure the necessary variances-
from the Board of Health to complete the installation of a replacement wastewater treatment
system on his property and therefore, the Applicant has requested that the Town Board grant him
additional time to complete such work and to extend the date on which the $2,000 escrow
deposit he previously deposited with the Town shall be automatically forfeited to the Town, and
7
WHEREAS, the Town's Acting Director of Building and Codes Enforcement has
recommended Town Board approval of this requested extension to November 20th, 2022,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants Paul Derby additional time or until November 20th, 2022 to obtain a
certificate of compliance from the Town's Building and Codes Enforcement Office as set forth in
Chapter 137 for completion of the installation of a replacement wastewater treatment system
located on his property at 25 Canterbury Drive, Queensbury and to extend the date on which the
$2,000 escrow deposit shall be automatically forfeited to the Town until such date of November
20th, 2022 as delineated in this Resolution and 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, and
BE IT FURTHER,
RESOLVED, with the condition that the property shall not be utilized for rental until and
unless the new septic system is installed,and
BE IT FURTHER,
RESOLVED, with the condition that this approval in no way approves any of the variances
that might be forthcoming for the forthcoming septic system.
Duly adopted this 13th day of June, 2022,by the following vote:
AYES • : Mr. Freer, Ferone,Mr. Strough,Mr. Metivier
NOES None
ABSENT : Mr. McNulty