BOH 009.2024 Granting Adam Searles Extension of Time to Complete New Code Compliant Sewage Disposal System 89 Birdsall Road RESOLUTION GRANTING ADAM SEARLES EXTENSION OF TIME TO
COMPLETE NEW CODE COMPLIANT SEWAGE DISPOSAL SYSTEM
ON PROPERTY LOCATED AT 89 BIRDSALL ROAD
RESOLUTION NO.: BOH 9,2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
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 22nd, 2023 and by
letter dated January 26, 2024 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 Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None