BOH 010.2024 Granting 47 Knox Road LLC Additional Ext of Time to Complete New Code Compliant Sewage Disposal System RESOLUTION GRANTING 47 KNOX ROAD LLC ADDITIONAL
EXTENSION OF TIME TO COMPLETE NEW CODE COMPLIANT
SEWAGE DISPOSAL SYSTEM ON
PROPERTY LOCATED AT 47 KNOX ROAD
RESOLUTION NO.: BOH 10,2024
INTRODUCED BY: Mr. Michael Dixon
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
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, a change of deed for property located at 47 Knox Road in the Town(Tax Map
No.: 239.7-1-10) occurred on or about August 23rd, 2022 and when the required property transfer
septic inspection took place, it was found that the existing sewage disposal system was deficient;
however, the proposed replacement OWTS would not be completed within the required six (6)
month time period, and
WHEREAS, by letter dated January 5, 2023, Jonathan C. Lapper, Esq., on behalf of new
owner 47 Knox Road, LLC, (Applicant), advised that due to needed approvals from the Town's
Planning and Zoning Boards related to Applicant's plans for the proposed demolition of the existing
structure and construction of a new home including a replacement OWTS on the site, Applicant was
unable to arrange for installation of the Code compliant OWTS and therefore 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 be automatically forfeited
to December 5 h, 2023 and the Director of Building and Codes Enforcement recommended Town
Board approval, and
WHEREAS, by Resolution No.: BOH 37, 2023, the Town Board authorized and granted
Applicant the requested additional time or until December 51h 2023, and
WHEREAS, by letter dated January 29, 2024, Jonathan C. Lapper, Esq., on behalf of the
Applicant, has requested an additional six (6) month extension of time to complete installation of
the OWTS as the site plans are still in the design phase but are expected to be submitted to the
Town for approval soon, and the Director of Building and Codes Enforcement has recommended
approval of this requested extension through June 5 h, 2024,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants 47 Knox Road, LLC (Applicant) additional time or until June 51h
2024 to obtain a certificate of compliance from the Town's Building and Codes Enforcement
Department to complete demolition of the existing structure and construction of a new home
including installation of a new Code compliant onsite wastewater treatment system on Property
located at 47 Knox Road, Queensbury and to extend the date on which the $2,000 escrow deposit
shall be automatically forfeited to the Town until June 51h 2024, and
BE IT FURTHER,
RESOLVED, that the existing structure on the Property shall not be inhabited and the
Property shall not be utilized for rental use until demolition is complete and a new Code compliant
OWTS for the new home construction has been approved and installed as confirmed by the
Director of Building and Codes Enforcement, 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 12Ih day of February, 2024, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon
NOES None
ABSENT: None