BOH 074.2023 Granting Paul Derby additional extension - Complete Installation of Replacement Setpict for 25 and 31 Canterbury Dr 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.: BOH 74,2023
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" 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 Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT : Mr. Metivier