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1.6 1.6 WASTEWATER\Extension of Time Again—3x-to Complete Septic Demolition Per Property Transfer Law-Rutnik-6-3-2024 RESOLUTION GRANTING LYNNE COLLEEN MCNEIL RUTNIK ADDITIONAL EXTENSION OF TIME TO COMPLETE NEW CODE COMPLIANT SEWAGE DISPOSAL SYSTEM ON PROPERTY LOCATED AT 316/321 GLEN LAKE 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 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, Lynne Colleen McNeil Rutnik (Applicant) previously advised the Town Board as the Local Board of Health that she acquired the majority interest in the property located at 316/321 Glen Lake Road identified as Tax Map Nos: 289.9-1-83 and 289.9-1-58 (Property) and by letter dated 5 April 2023 advised that the existing structure on the Property would be demolished and the onsite wastewater treatment system (OWTS) removed; however, due to litigation regarding full ownership of the Property, the demolition of the structure and the OWTS removal process would not be completed within the required six (6) month time period, and WHEREAS, Applicant therefore requested that the Town Board grant additional time to complete such work until October 17'', 2023 and in the meantime, Applicant advised that the structure would not be inhabited and by Resolution No.: BOH 28,2023, the Town Board approved Applicant's requested additional time until October 17d', 2023, and WHEREAS, Applicant subsequently advised that due to continuing litigation, the work had not been completed and therefore Applicant requested a six month extension or until April 171h , 2024 to complete such work and by Resolution No.: BOH 69,2023, the Town Board approved Applicant's requested additional time until April 17d', 2024, and WHEREAS, by letter dated 22 May 2024, Applicant has advised that the process has taken much longer than anticipated and has therefore requested an additional six-month extension or until October 30d', 2024 to complete such work and the Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health, hereby authorizes and grants Lynne Colleen McNeil Rutnik additional time to obtain a certificate of compliance from the Town's Building and Codes Enforcement Office to complete demolition of the existing structure and installation of a new Code compliant onsite wastewater treatment system (OWTS) on Property located at 316/321 Glen Lake Road and extend the date by which the $2,000 escrow deposit shall be automatically forfeited until October 30d', 2024 with the condition that the 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 has been approved and installed as confirmed by the Director of Building and Codes Enforcement and authorizes and directs the Town Supervisor and/or Director of Building and Codes Enforcement to and take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of June, 2024, by the following vote: AYES NOES ABSENT : - ---------- 22 May 2024 [MAY 2 3 2024 TOOWN of QUEENSBURY To: John Strough , Town Supervisor BUILDING & CODES Queensbury Town Board John O'Brien, Town of Queensbury Building Department From : Lynne Colleen McNeil Rutnik and Brian Backus On October 31 at, 2022 we delivered the following letter to the Town of Queensbury. "As one of the surviving heirs of Vernona McNeil I have acquired the majority interest in my grandmother's property at 316/321 Glen Lake Road , Lake George NY. The property at 316/321 Glen Lake Road is in the process to be sold or transferred and will not be inhabited. My husband and plan to demolish the existing structure and remove the ©WTS within six months. In order to qualify for the exemption , this notarized affidavit is submitted to the Building and Codes Enforcement Office stating that the dwelling will not be inhabited and that it will be demolished and the OVVTS fully removed within six months. In addition , a check payable to the Town of Queensbury in the amount of $2,000 will accompany the notarized affidavit. Itwe understand that failure will result in forfeiture of the deposit pursuant to § 13711111 ) unless an appeal to the Town Board is timely made pursuant to § 137-5, in which case the Town Board may grant an extension . " As of this writing , we are finally full owners of 316f321 and under contract with Williams and Williams Architects for the new house design. Additionally, we are working with Hutchins Engineering for site planning and septic design. We are only using the dock and the house for shelter. Our neighbors at 308 Glen Lake Road are allowing us to shower and use water at their home. So we are essentially just using dock space during this transition . I have asked Tom Hutchins to reach out to the Building and Codes Department as well as asking Williams and Williams to contact Planning and Zoning on our behalf. Unfortunately, this process has taken much longer than we had anticipated and we are requesting an additional six-month extension to our follow up until October 30, 2024. It is our hope to complete the septic work and site plans to be able to come before the Town of Queensbury as soon as possible with all appropriate documents and plans to move forward with the demolition and subsequent construction of a new home and septic system . Respectfully submitted, Kathleen D McCune W" 1iW46 �lbf�3dl Nolmry Public. State of New York ( 13,n Reg. No. OIMCB341048Jill �0a*i ,�'a Ktf QuaHftd In Sermtoga Coauity ' ]r � d Brian Backus c plat = Mayx. zo SV*Prr-A to before me th:scV day 20 aL4 RESOLUTION GRANTING LYNNE COLLEEN MCNEIL R.UTNIK ADDITIONAL EXTENSION OF TIME TO COMPLETE NEW CODE COMPLIANT SEWAGE DISPOSAL SYSTEM ON PROPERTY LOCATED AT 316/321 GLEN LAKE ROAD RESOLUTION NO.: BOH 06% 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone 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 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, Lynne Colleen McNeil Rutnik (Applicant) previously advised the Town Board, as the Town's Local Board of Health, that she acquired the majority interest in the property located at 316I321 Glen Lake Road identified as Tax Map Nos: 289.9-1 -93 and 289.9-1 -58 (Property) on or about October 31 ', 2022, and by letter dated 5 April 2023, advised that the existing structure on such Property will be demolished and the onsite wastewater treatment system removed; however, due to litigation regarding full ownership of the Property, the demolition of the structure and the onsite wastewater treatment system removal process would not be completed within the required six (6) month time period, and WHEREAS, Applicant 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 until October 17u'', 2023 and in the meantime, Applicant advised that the structure would not be inhabited, and WHEREAS, by Resolution No. : BOH 28,2023, the Town Board approved Applicant's requested additional time until October 171', 2023 to complete work, and WHEREAS, by letter dated 4 October 2023, Applicant has advised that due to the continuing litigation, the work has not been completed and therefore Applicant has requested a six month extension or until April 17t', 2024 to complete such work and the Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, as the Town's Local Board. of Health, hereby authorizes and grants Lynne Colleen McNeil Rutnik additional time to obtain a certificate of compliance from the Town's Building and Codes Enforcement Office to complete demolition of the existing structure and installation of a new Code compliant onsite wastewater treatment system on Property located at 316/321 Glen Lake Road, Queensbury and to extend the date on which the $2,000 escrow deposit shall be automatically forfeited until April 1?"h, 2024 with the condition that the structure an the Property shall not he inhabited and the Property shaft not he utilized far rental use until demolition is complete and a new Cade compliant onsite wastewater treatment has been approved and installed as confirmed by the Director of Building and Codes Enforcement and authorizes and directs the Town Supervisor and/or Director of Building and Codes Enforcement to and take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 16' day of October, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr, Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT : None 1, Colleen Rathbun, Deputy Town Clerk of the Town of Queensbury, Warren County, New York, do hereby certify that I have compared the foregoing with the original resolution as listed above adopted at a regular meeting of the Town Board of the Town of Queensbury held on the 16' day of October 2023 at which a quorum was present and that the same is a correct transcript therefrom and of the whole original thereof to date. IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, this 18`' day of October, 2023. SEAL SIGNED: Colleen Rathbun Deputy Town Clerk Town of Queensbury