BOH 042.2024 Granting Paul Derby Ext of TIme to Complete Installation of Wastewater System RESOLUTION GRANTING PAUL DERBY EXTENSION OF TIME TO
COMPLETE INSTALLATION OF WASTEWATER SYSTEM
RESOLUTION NO.: BOH 42,2024
INTRODUCED BY: Mr. Michael Dixon
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, 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'', 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 15'', 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 6 h, 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 6 h day of May, 2024, by the following vote:
AYES Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Freer
NOES None
ABSENT: Mr. Metivier