1.03 1.3
WASTEWATER\Extension of Time Complete Septic Alteration Escrow Deposit Per Property Transfer Law-Adam Searles—Demolish Home-2-12-2024
RESOLUTION GRANTING ADAM SEARLES EXTENSION OF TIME TO
COMPLETE NEW CODE COMPLIANT SEWAGE DISPOSAL SYSTEM
ON PROPERTY LOCATED AT 89 BIRDSALL ROAD
RESOLUTION NO.: ,2024
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, 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 System(s)
(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 an OWTS meeting
all standards is not completed within the time provided, and
WHEREAS, Adam Searles (Applicant) purchased the property located at 89 Birdsall
Road identified as Tax Map No: 289.17-1-29 (Property) on or about August 22ml, 2023 and by
letter dated January 26, 20924 has advised that the existing home on the property will be
demolished and the OWTS removed; however, due to challenges finding contractors to start the
project, such work will not be completed within the required six (6) month time period, and
WHEREAS, Applicant has requested that the Town Board grant additional time, until
October 2024 to complete such work and extend the date on which the $2,000 escrow deposit
Applicant previously deposited be automatically forfeited and in the meantime, Applicant has
advised that the home is not being used and its plumbing has been completely shut off, and
WHEREAS, the Director of Building and Codes Enforcement has recommended Town
Board approval of this requested extension to October 31", 2024,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants Adam Searles additional time or until October 31", 2024 to obtain a
certificate of compliance from the Town's Building and Codes Enforcement Office to complete
demolition of the existing home and installation of a new Code compliant onsite wastewater
treatment system (OWTS) on Property located at 89 Birdsall Road and extend the date by which
the $2,000 escrow deposit shall be automatically forfeited until October 17'h, 2024, and
BE IT FURTHER,
RESOLVED,that the home shall not be inhabited nor utilized for rental use until demolition
is complete and a new Code compliant OWTS has been approved and installed, 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 take all actions necessary to effectuate all
terms of this Resolution.
Duly adopted this 121h day of February, 2024, by the following vote:
AYES
NOES
ABSENT :
January 26, 2024
John Strough, Town Supervisor
742 Bay Road JAM 2 G 2t124
Queensbury, NY 12804
TOWN OF QUEENSBURY
BUILDING & CODES f
dear Supervisor Strough & the Town Board,
My name is Adam Searles and I purchased the home at 89 Birdsall Road in August 2023. I'm writing this
letter to ask for an extension to demolish the home that currently sits on the property. The project's
delay has been due to challenges finding the available professionals to get the project started given their
workload. I have currently started to work with Balzer & Tuck as my architect so I am hopeful the project
will start to move a bit faster now_
We are eager to get it underway, to say the least, but also want to make sure we do it correctly (for both
us and the Town) as Glen Lake has been a very special place for myself and my family since 1989. The
house is not being used currently and has had the plumbing completely shut off. I really look forward to
working with you on the rebuilding and what I can assure you will be a very significant improvement in
what currently resides on the property.
With that as background, would it be possible to extend my demolition request until October 2024? I
picked October just so I hopefully do not have to ask again, and based on the guidance from my architect
that their workload should allow them to fit me in by early spring. I am then just assuming that the
summer months will once again be very busy for the engineers and demolition teams / builders.
I greatly appreciate your consideration ! And I really am looking forward to not only improving the
property but also the impact it will have on the lake as well.
Sincerely,
Adam Searles
11Z1Z
,7, ( 'AL(
Propertyr Transfer" SdWage DI3`peisal lnfe rMatioh Foiim
Yeravn err ary Date: 8
P' 5 eiay Road, i�aeensbury, NY I2$04
P: t8-762.8256 nrww aueensburry Pei �•,,
� 4
(Name of Owner/Applicant) T0 0 2� -• '
Re: Onsite Wastewater Treatment System inspection Information Request for:
(Site Address ior Inspection)
Thank you for requesting an inspection for the onsite wastewater treatment e
th
system (f71A1TS) located on
Property referenced above. We took forward to completing a thorough inspection for you. You can help
the best Job possible by providing some advanced Information about the site. Prior to our Inspection,we request
this completed application, a site map Indicating the location of the septic components and confirmation the
pre-inspection preparation (see the last page of this packet) will be completed prior to our arrival.
Enclosed is a Septic System inspection Information form, which must be completed, signed and returned to
this office, with the appropriate fee(s) and documentation, prior to scheduling an Inspection.
Please note the Town of Queensbury's fee for this service Is $275. Be advised that all fees must be Paid Prior to
scheduline the inspection,. We require 48 hours notification prior to scheduling the inspection.
If the purchaser is requesting an exemption, please submit this application along with a —in rixed letter stating
the septic systern will be Inspected or repaired/replaced within 6 months from the date of the Property
Conveyance or June ist of the ,cun.,ent, or folknWrig year (whichever comes first), a snap locating the septic
system and payment tatalirM $2275 ($2000 refundable deposit plus $275 permit free). The deposit is forfeited
if the owner fails to complete the repairs or Installation as stated above.
If you have any questions, please call.
Phone: (518) 761-8256 Email: katedPqueensbu ry.ne#
Thank you.
Sincerely,
' .Totes 09801el
Directot of BuUding 8& Code Gnfore bht
John O'Brien, Director TOWN OF U : .SBURY
��.=
BuVding and Code Enforcement orn"rtirsltwauiy . a P". -`
Town of Queensbury
office (510) ?61-8265 742 f
17A3-+143T ,-�W'128HJ4
Fa+z ueei isburynat btay AM
PmPOMY Tumfix P"kat i s
Rcviwd July 2022
Office use On hr
Permit #•
r. or Fee- _.$ 2
742 Bay Road, QueensburI6 NY 22804
P: 515-761-8206 or 518-761-8205 Invoice #: (O
+�tww:oueensbury net --
SEWAGE DISPOSAL SYSTEM INSPECTION INFORMATION
Individual Residential Wastewater Treatment System
CONTACT INFORMATION (please print legibly or type and include an email address)
Property and Owner Information: (Please attach property survey or tax parcel map)
Property address for inspection: _ `cam i � Y- dsc7 \ Qd
Tax map number:
Property owner: '
Mailing Address (c/s/z):
Cell #: �4 S4:�7 Land Line #:
Email: A Saw (-- Lidill,Oar '
Applicant (if different than above):
Mailing Address (c/s/x):
Cell #: Land Line #:
Email: ):
❑ Proposed Owner ❑ Realtor [l Attorney ❑ Other (explain: )
Septic Contractor:
Mailing Address (cfs/z):
Cell M Land Line #•
Email:
Reason for Inspection Request:
[] On the market ❑ Future listing ❑ Sale Pending Deed Transfer 0 Other:
Pmp«n+ rramrer Paacec
Revised fury xaza
HOUSEHOLD INFORMATION
**PLEASE SEE SEPARATE PAGE FOR EKEMPTIOIVs'*
# Bedrooms # Bathrooms # Kitchens Jacuzzi tub(s) Garbage grinder
Onsite Wastewater Treatment System:
How many systems are on the property?
Year systems) instalied: Tank aWgSize of Septic Tank /22?ype of Absorption System: o
Are all system components whoily within the property boundaries? p Yes ❑ No ,C/� .d`,rd..oz
Are system plans available? ❑ Yes �Vo
Does the system(s) serve multiple properties? p Yes tr No
if yes, describe ):
Maintenance:
Service agreement? ❑ Yes �No; If yes, business' name
Date of last inspection :! �*Wr A/ 0 �.-Date tank last pumped (0 N/A
Frequency of pumping ' N/A
List known repairs/replacements, with dates:
Date Type of Repair/Replacement
Operation:
System problems? El Yes No
+ Sewage odors? (Q Yes No
+ Direct surface discharge(s)? ❑ Yes No
+ Back-up of toilets? ❑ Yes No
Back-up of any other fixtures? (e.g. slow drains) ❑ Yes E] No
Seasonal ponding or breakout of leach field? Q Yes ❑ No,
Property Trarrshr Packet
Revised July 2022
Statement of Acceptance of Conditions:
I agree to:
• Ensure that the septic tank(s), distribution box (es), and/or seepage pit(s), if any, will
be uncovered prior to the requested inspection time;
0 Have a septage hauler on site (to pump the tank after* the inspector verifies flow
from fixtures);
> Tank must be pumped in presence of Inspector
• Have an authorized representative present at the site;
e Allow the inspector to verify information provided above, and to conduct an
Inspection of the indicated onsite wastewater treatment system(s), including all
system components and interior plumbing in crawl spaces and basements.
To the best of my knowledge, the information provided above is accurate and I acknowledge
the following:
After 1 year from date of submission and there is no activity on this permit, the permit will
expire and will be subject to submission of a renewal application and payment of the renewal
fee based on the current fee schedule. All fees must be paid PRIOR TO SCHEDULING any
inspections. in addition, if the permit is withdrawn 30% of the fee is retained by the Town of
Queensbury,
signature of property owner or authorized agent:
Affillatlon: Wowner ❑ agent ❑ other:
Please print name• LDS Girdsed( eel 41� 6 Y /7 G!G M Ur,lc f}�, ,I /4►,r y, r-
Signature: r C� Date:
Prior to scheduling with the Town of Queensbury. you MUST:
1. Schedule a sewage hauler to be on site to pump tank while Inspector is on site.
Hauler should arrive 3D-45 minutes after scheduled time with the Town of Queensbury's
Code Enforcement Officer.
2. Expose inlet and outlet of septic tank, and/or pump station, expose d-box, expose
any seepage pit covers.
3. Excavate test hole In leach field If there is no d-box.
Pmperty Transfer Packet
Revised July 2022
EXEMPTION CQNDITI(3N OPTIONS
Due to one of the condif#,ans listed below, I am requesting an eaemptian front the
Septic inspection Upon Property Transfer by the Town of Queensbaryz
CHOOSE ONILY QM COlvnrT1O1V BEWW IF YOU ARE 1tEQUFS*rWG A WAIVER
The property to be sold or transferred will not be inhabited, and the new owner plans to demolish the
existing structure. In order to qualify for the exemption, a notarized affidavit must be submitted to the
Building and Codes Enforcement Office stating that the dwelling will not be inhabited and that it will be
demolished with no immediate plans to rebuild or the dwelling will not be inhabited, it will be
demolished and rebuilt, in which case the affidavit shall be accompanied by a site plan, including
adequate detail to demonstrate a lawful OWTS, together with a check payable to the Town of
Queensbury in the amount of$2,000. Such funds will be held in a non4ritcrest-bearing escrow account
and will be released, in the former case, upon issuance of a demolition permit and, in the latter case,
upon issuance of a certificate of compliance from the Building and Codes Enforcement Office. If the
Property Transfer inspection is not completed within that 6 (six) month timeframe,
the $2000 will be forfeited.
❑ An OWTS inspection was not able to be completed prior to the conveyance of real property due to
inclement weather. In order to qualify for the exemption, a notarized affidavit from the new property
owner to Complete the requisite OWTS inspection within six. months of the date of the conveyance of
real property, or June 1, whichever comes first, must be filed with the Building and Codes Enforcement
Office. A check payable to the Town of Quecnsbury in the amount of$2,000 will be held in a non
interest-bearing escrow account and shall be released upon the completion of a satisfactory OWTS
inspection from the Building and Codes Enforcement Office. If the Property Transfer
inspection is not completed within that 6 (six) month or June 1" timeframe, the
$2000 will be forfeited.
❑ The property to be sold or transferred contains an existing OWTS that does not comply with the
provisions of this article, and the prospective purchasers and/or the Seller wish to forgo an inspection
in favor of installing an approved O'WTS within six months of the transfer of property. In order to
qualify for the exemption, a notarized affidavit must be submitted to the Building and Codes
Enforcement Office stating that the existing OWTS will be replaced within six months from transfer of
property. The affidavit must be accompanied by a site plan, including adequate detail to demonstrate
that the replacement OWTS will comply with this article, together with a check payable to the Town of
Queensbury in the amount of$2,000. Such funds will be held in a non-interest-bearing escrow account
and wil I be released upon issuance of a certificate of compliance from the Building and Codes
Enforcement Office. If the Property Transfer inspection is not completed within that 6
(six) month timeframe, the $2000 will be forfeited.
Pnv=q Trams racket
Revised My 2022
❑ During the OWTS inspection, a failure of the septic system was determined. Due to winter and
frozen conditions, the repair to an existing oMrrS could not occur or a new OWTS could not be
installed before the conveyance of real ,property. In order to qualify for the exemption, a notarized
affidavit from the new property owner to complete the installation or repair of the septic system within
six months from the date of the conveyance of real property, or rune 1, whichever comes first, must be
filed with the Building and Codes Enforcement Office. A check payable to the Town of Queensbury in
the amount of $2,000 will be held in a non-interest-bearing escrow account and shall be released upon
the completion of the repair or installation of a new septic system and a satisfactory OWTS inspection
from the Building and Codes Enforcement Office. If the Property Transfer inspection is not
completed within that 6 (six) month or June I't timeframe, the $2000 will be
forfeited.
❑ There is a record of a septic, system inspection upon property transfer permit and inspection completed
and passed within the last three years. Please provide a copy of this record.
PLEASE READ NOTICE THOROUGHLY.
Failure to complete the inspection, obtain the permit or complete all repairsrinstallations
identified in the preceding subsections of this section within the time provided or any subsequent
deadline established by the Building and Codes Enforcement Office will result in forfeiture of the
moneys held in escrow, and the Town may use such funds toward abating the conditions caused
by each such violation of this article.
Inspections must take place within one (1) year of submission of a completed application.
Inspections scheduled to take place after the one year period will be subject to submission
of a renewal application and payment of the renewal fee based on the current fee schedule.
***ONLY IGN THIS PAGE IF YQII ARE OPTING FaR A WAIVER RE UESTII***I have read and understand the above notice regarding the expectations and possible forfeiture
of moneys submitted to the Town of Queensbury for an exemption request.
Seiner:
Print Name.
Sign Name: Date:
B4n
uyer:
Print Name:
Sign Name: Date: 4e:
PrW"W rkw� Pacicct.
kevisW July 2022
o S
AJ ccw4 I
~IA A. GAGLIARDI
Notary Public, State of New 4$0
Registration Ho, 01 GA606
rk
Qualified In Warren County
Commission Expires MY 16. 20.----