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1.5 1.5 WASTEWATER\Extension of Time Complete Septic Alteration Escrow Deposit Per Property Transfer Law-Adams-37 Birch-6-3-2024 RESOLUTION GRANTING ALAN ADAMS AN EXTENSION OF TIME TO COMPLETE NEW CODE COMPLIANT SEWAGE DISPOSAL SYSTEM ON PROPERTY LOCATED AT 37 BIRCH 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, 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, Alan Adams (Applicant) purchased the property located at 37 Birch Road identified as Tax Map No: 289.13-1-23 (Property) in November 2023 and by letter dated May 17d', 2024 advised that Hutchins Engineering has developed a proposed OWTS for the Property but has determined that much site work needs to be done to accommodate the OWTS and therefore the OWTS will not be completed within the required six (6) month time period, and WHEREAS, Applicant has requested that the Town Board grant him a one-and-a-half (11/z) year extension, or until December 3rd, 2025, 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 only he, his wife and/or two six (6) year old children will use the summer camp on the Property during summer holidays, 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 Alan Adams additional time or until December 3rd, 2025 to obtain a certificate of compliance from the Town's Building and Codes Enforcement Office to complete installation of a new Code compliant onsite wastewater treatment system (OWTS) on Property located at 37 Birch Road and extend the date by which the $2,000 escrow deposit shall be automatically forfeited until December 3rd, 2024, and [ BE IT FURTHER, RESOLVED, that the summer camp shall not be inhabited by anyone other than the Applicant, his wife and/or two children, nor utilized for rental use, until a new Code compliant OWTS 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/Deputy Supervisor and/or Director of Building and Codes Enforcement to take all actions necessary to effectuate all terms of this Resolution. Duly adopted this 3rd day of June, 2024, by the following vote: AYES NOES ABSENT : May 171h 2024 37 Birch Rd. Lake George NY 12845 To whom it may concern, I'd like to address the Town Board with an update on the New septic install taking place at 37 Birch rd. (the personal use Dnty camp myself, wife & our two 6-year-old children plan to use on summer hotiday's ) Survey complete. Hutchins Engineering developing system. Preliminary inspection has determined Much site work will need to be done to accommodate any system. Rucinski Hall Architecture will be advising on the project. I ask for a 1 .5-year extension on the project. Please advise. Sincerely, Alan Adams State of New York: County of Orange r SW day Of ,*40MYNN PIREOh11 RE NOTARY PUBLIC STATE OF NEW YORK QUAUFIEi3 IN ORANGE COUNTY NO, 01 PR6096663 1 MY COMMISSION EXPIRES AUGUST 4, 24 RE: 37 Birch Rd Kate Deck < KateD@queensbury.net> Wed 5/15/2024 9.18 AM To:Alan Adams aalan@star-collision.com> Gc:John O'Brien alohnO@queensbury.net> Good morning Alan, Your waiver will expire in about 2-3 weeks so you will need to send a notarized letter, addressed to the Town Board, requesting an extension to complete the installation. You will want to include an anticipated timeframe for completion in your request. To date, we have not had the Town Board refuse a request so you shouldn't be worried about your request or money. John will present the letter to the Town Board at the next meeting on 3 June so get it to us as soon as you can. Let us know if you have„pny questions. KA.TE DECK, OFFICE SPEC IALI...'"- TZSYsTEms .ADmiN Building & Code Enforcement 742 Bay Road Queensbury, NY 12804 iTownWorry 4 (518) 761 -8256 www.queensburv.,= OFFICE HOURS: Monday — Friday, Sam to 4pm � Please be patient with us while we convert to a new computer program in Community Development. **Building & Codes Enforcement is available for walk-ins however, appointments are preferred. Building permits can be dropped off in the secure drop box at the back of Town Hall (next to Door 5) or mailed in. Fees will be addressed after your submission has been processed.** Effective t January 2024, if you are not ready for a scheduled inspection and it is not rescheduled and/or if the site plans are not on-site you may be charged an additional fee, for each occurrence, that must be paid prior to issuance of the certificate. From: Alan Adams <alan@star-collision.com> Sent: Tuesday, May 14, 2024 3:47 PM To: Kate Deck <KateD@queensbury.net> Cc: John O'Brien cJohnO@queensbury.net> Subject: Fw: 37 Birch Rd Hi Kate, I just wanted to send a quick note keeping all updated on the progress at 37 Birch rd. I'm working with Hutchins Engineering to design the septic. They required an updated survey which was just completed by Van Dusen & Steves. In short- Survey complete. Hutchins Engineering is now starting work on developing a septic system plan. r b 37 Birch Rd. Lake George NY 12845 Septic Variance / Exemption affidavit To whom it may concern, Due to inclement weather, I ask for a septic Inspection waiver. Septic inspection to be scheduled by June 1d 2024 Thank you for your consideration. Sincerely, Buyer Alan Adams Address: 1675 Ridgebury rd. New Hampton Ny 10958 Cell: 845-234-5998 dZ7 CT LY�tiiti FRcL7ivlpr�E NOTARY PUBLIC STATE OF NEW YORK OUAUFIED IN [ORANGE COUNTY NO, 01 PR6096663 My coo wwSION FIRES AUGUST 4, fS i Property Transfer Sewage Disposal Information Form 4 ftc 742 Day Road, Queensbury, my 12804 Date: P: 518-761-S256 www,oueensbur/v.net (Name of Applicant) Re. Onsite Wastewater Treatment System Inspect€on Information Request for: rz iaG. (Site Address for Inspection) Thank you for requesting an inspect€on for the onsite wastewater treatment system (OWTS) located on the property referenced above. We took forward to completing a thorough inspection for you. You can help us do the best job possible by providing some advanced information about the site. Prior to scheduling an inspection with the Town of Queensbury, we require the following: ■ this completed application ■ a site map Indicating the location of the septic components ■ the pre-Inspection preparation (see the last page of this packet) is completed prior to our arrival the appropriate fee(s) are paid: $275.00 (an additional $2000.00 refundable deposit, if you are requesting a waiver) ■ the appointment date/time that your septic hauler Is scheduled to pump out your tank_ We require 4a hours notification prior to scheduling our inspection. If an exemption Is requested, please submit this application along with: a notarized letter stating the septic system will be Inspected or repaired/replaced within 6 months from the date of the Property Conveyance or June 11t of the current, or following year (whichever comes first) ■ the map locating the septic system ■ payment totaling $2275 ($2000 refundable deposit plus $27S permit fee). The deposit is forfeited if the owner falls to complete the repairs or installation as stated above. If you have any questions, please call. Phone: (518) 761-8256 Email: kated@queensbury.net Thank you. Sincerely, rl i John O'Brien, DireCtpr I 1 ENOV 09 20? Bi Uding and Code Enforcement 1 l Town of Queensbury I n4 [ Property Traw&r Packet '.,".'--. . . .... . ` : ,.. . .. Revised Sepumbor 2023 Office use Only Permit #; VT - 0g72F> -202*5 dirk. Fee: $ 742 Bay Road, Queensbury, NY 12804 P: 518-762-8206 or 5I8-761-8205 Invoice #: www.aueensbury.net SEWAGE DISPOSAL SYSTEM INSPECTION INFORMATION j 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: � T Z : � � 2�_ Tax map number: Current owner-. L LS 1/. Mailing Address (c/s/z): Cell #: Land Line #: Email: Applicant (if different than above): Mailing Address (c/s/z): /45767 2:�iyc- $...r r2`/_ [rt�/ e_ �.✓ � -!f!� Id9�$ Cell #: £ v5- .?39' - 45 9729LS Land Line #: Emall: {.Proposed Owner 0 Realtor ❑ Attorney ❑ Other (explain: ) Septic Contractor: Mailing Address (c/s/z): Cell M Land Line #: Email: Reason for Inspection Request: Q On the market Q Future fisting Q Sale Pending &Deed Transfer ❑ Other: Propedy Transfer Packet Revised Sep'tcmbe 2023 f a f HOUSEHOLD INFORMATION " *PLEASE SEE SEPARATE PAGE FOR EXEMPTIONS" # Bedrooms + # Bathrooms -:f # Kitchens I Jacuzzi tubs) Garbage grinder Ornsite Wastewater Treatment System: How many systems are on the property? Year system(s) Installed ; Tank Size of Septic Tank Type of Absorption System: Are all system components wholly within the property boundaries? ❑ Yes ❑ No Are system plans available? ❑ Yes J�f No Does the systems) serve multiple properties? ❑ Yes eNo If yes, describe ): Maintenance: Service agreement? ❑ Yes No; if yes, business' name Date of last inspection N/A C9 Date tank last pumped N/A ENr Frequency of pumping N/A List known repairs/replacements, with dates: Date Tyne of Repair/Reprlacernent Operation : �e System problems? 0 Yes No Sewage odors? ❑ Yes No e Direct surface discharge(s)? ❑ Yes No Back-up of toilets? ❑ Yes Co No Back-up of any other fixtures? (e.g. slow drains) ❑ Yes No 10 Seasonal ponding or breakout of leach field? ❑ Yes No Property Tramfier Packet Raviwd September 2023 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; * Have a seppage hauler on site (to pump the tank after* the inspector verifies flow from fixtures); 9 Tank must be pumped in presence of inspector • Have an authorized representative present at the site; • Allow the inspector to verify Information provided above, and to conduct an inspection of the indicated onsite wastewater treatment systern(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 one (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: Affiliation : ❑ attorney p agent* ,g$other (specify) : Y� 2 Please print name. Signature: Date: 03 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 30-45 minutes after scheduled time with the Town of QueensbuWs 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. * see Agent Authorization signature page Property Transfer Packet ttevised Septambw 2023 f EXEMPTION CONDITION OPTIONS PLEASE CHOOSE ONLY QfiE CONDITION BELOW IF YOU ARE REQUESTING A WAIVER Due to one of the conditions listed below, I am requesting an exemption from the Septic Inspection Upon Property Transfer by the Town of Queensbury: 0 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 wf 11 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 non-interest-bearing escrow account and will be released, in the farmer 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 tirneframe, 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 fled 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 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 111 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(cs) to forgo an inspection in favor of installing an approved OWTS 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 price 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 will 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 timefrahze, the $2000 will be forfeited. Property Tmas&r Packet Revised SCPWmbber 2023 i ❑ ©uring the OWTS inspection, a failure of the septic system was determined. Due to reinter and frozen conditions, the repair to an existing OWTS could not occur or a new OW'I'S 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 ofreal property, or June 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 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 V timeframe, the $2000 will be forfeited. ❑ There is a record of an approved septic system inspection upon property transfer permit and inspection completed and passed within the last five (5) years. Please provide a copy of this record. PLEASE READ NOTICE THOROUGHLY: Failure to complete the inspection, obtain the permit or complete all repairsdnstallations 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 wit] be subject to submission of a renewal application and payment of the renewal fee based on the current fee schedule. ***[ONLY SIGN THIS PAGE IF YOU ARE OPTING FOR A WAIVER REQUESTS I*** 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. Affiliation: ❑ seller ❑ seller's agent* other (specify): '/C / Prink Name: r�/�d-< �. XWCW 40- S Sign Name: _ Date: Affiliation: p buyer GQ buyer's agent* ❑ other (specify): Print Name: Sign Name: Date: ` see Agent Authorisation signature page rMperty Transfer packet Revised September 2023 i A Building & Cade Enforcement 742 Bay Road, Queensbury, IVY 12804-5902 ,-ownP. 518-761-8256 www.aueensbury.net of asetery AGENT AUTHORIZATION AND SIGNATURE PAGE This page includes the Authorization to Act as Agent form for the Septic inspection Upon Property Transfer application. Complete the following if the buyer/seller/proposed owner is using an Agent: Name: Designates. as an Agent regarding the Septic Inspection Upon Property Transfer for Site Address: Tax Map #: All documentation (completed and signed application, notarized letter, septic reap) and fee(s) are due at the time of submission and prior to scheduling an inspection with the Town of+Queensbury. The Property Transfer permit has an expiration date of one (1) year from date of being received by the Building and. Codes Enforcement Office. Please note: Other permits may be required for construction or alterations prior to approval. It is the applicant's responsibility to obtain any additional permits. 1, the undersigned, have thoroughly read and understand the instructions for submission and agree to the requirements. Obuyer ❑ seller Q proposed owner Print .Name• 0e Signature` �� Bate: AI Agent — print Name: Agent — Signature: per: Property Transfer Packet Revised September 2M