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WASTEWATER\Extension of Time Again 3x to Complete Septic Alteration&Escrow Deposit Property Transfer Law-Derby—25 Canterbury Drive-5-6-2024
RESOLUTION GRANTING PAUL DERBY EXTENSION OF TIME TO
COMPLETE INSTALLATION OF WASTEWATER SYSTEM
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" 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, Paul Derby (Applicant) previously 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 so by Resolution No.: BOH 55, 2022, the Town Board authorized and granted
Applicant the requested additional time or until November 20'h, 2022, and
WHEREAS, the Applicant subsequently requested additional time to complete such work
and by Resolution Nos: BOH 89,2022 and BOH 74,2023, the Town Board authorized additional
extension(s) through May 15lh 2024, and
WHEREAS, by letter dated April 18, 2024, Applicant has advised that although Applicant
submitted a revised engineered septic plan to the Town, Labella Associates' third party review of
such plan as requested by the Town has not been completed and therefore, Applicant has requested
a one (1)year extension of time to complete installation of the system or until May 61h 2025,
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 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 [November 61h,20241 [May 61h,20251 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 61h day of May, 2024, by the following vote:
AYES
NOES
ABSENT :
April 18, 2024
RE: Derby, Paul Septic proposal extension
To John O'Brien:
This is a request for another extension for approval of a septic plan and installation of an
approved septic system -ETU Clarus unit and bottomless sand filter—for Paul Derby at 25 and
31 Canterbury Dr., (Glen Lake), Lake George, NY 12845.An engineered septic plan was
submitted to the Town of Queensbury on Dec 29, 2023. At the will of the Board of Health,this
engineered plan was sent out for third party review by LaBella Associated PC. On 1/17/2024,
LaBella's review included several questions that the applicant and engineer were required to
address. This caused me to postpone the Public Hearing and have the engineered plan revised
by Onsite Engineering; Our revised plan was then submitted to the Town for review, which was
subsequently sent out for additional review by LaBella Associated PC. As of today(4/18/24),
LaBella has not responded to the revised engineered plan. Because of this delay,the
requirement for the plan to then come before the Board of Health and to a Public Hearing, and
the requirement to then install a septic system,the current May 15, 2024 deadline is not
achievable. Therefore,this is a request to extend the deadline for this septic system for one
year,to May 15, 2025.Thank you for your time on this important matter. If you have questions
or need additional information, please contact me via email at paul.derbv@vermontstate.edu
or my cell 518-796-0524.
Respectfully,
Paul Derby
i
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 20th, 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 20th,2023, and
7
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 15th, 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 15th, 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 15th,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.
r
Duly adopted this 6th day of November, 2023,by the following vote:
AYES Mr. Freer,Mr. Ferone,Mr. McNulty,Mr. Strough
NOES None
ABSENT : Mr. Metivier