BOH 052.2024 Granting Lynne Colleen McNeil Rutnick Additional Extension of Time to complete New Code Compliant Sewage Disposal Sys on 316 321 Glen Lake Rd 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.: BOH 52,2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
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 17'', 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 17', 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 Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon
NOES None
ABSENT : None