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WASTEWATER\Extension of Time Complete Septic Alteration Escrow Deposit Per Property Transfer Law-Adams-37 Birch-6-17-2024
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 17�',
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(11/2)
year extension 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,
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 17'', 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 17'', 2025, 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 17'h day of June, 2024, by the following vote:
AYES
NOES
ABSENT :
I ,
May 17th 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 only camp myself,wife&our two 6-year-old children plan to use on summer
holiday'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 wilt 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 .
Sworn .o before ore me 1.h I I J...Clay of_
i .._ /CjZi
LYNN PHEW DRE
NOTARY PUBLIC STATE OF NEW YORK
QUALIFIED IN ORANGE COUNTY
NO.01PR6096663 MY COMMISSION EXPIRES AUGUST 4,201L0'�