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WASTEWATER\Extension of Time Again 2x to Complete Septic Alteration&Escrow Deposit Property Transfer Law-Adam Searles—Demolish Home-11-4-2024
RESOLUTION GRANTING ADAM SEARLES ADDITIONAL
EXTENSION OF TIME TO COMPLETE INSTALLATION OF NEW
CODE COMPLIANT SEWAGE DISPOSAL SYSTEM ON PROPERTY
LOCATED AT 89 BIRDSALL 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" 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 an OWTS meeting all
standards is not completed within the time provided, and
WHEREAS, Adam Searles (Applicant) purchased property located at 89 Birdsall Road
identified as Tax Map No: 289.17-1-29 on or about August 22nd, 2023 and advised that the existing
home would be demolished and the OWTS removed; however, due to challenges finding
contractors to start the project, such work was not completed within the required six (6) month
time period and therefore, Applicant requested additional time and by Resolution No.: BOH 9,
2024, the Town Board granted additional time or until October 31 st, 2024 and in the meantime,
Applicant advised that the home was not being used and its plumbing had been shut off, and
WHEREAS, by letter dated October 30, 2024, Applicant has advised that due to detected
asbestos in the structural elements of the home and accordingly the need to apply for a variance
through the NYS Department of Labor for a controlled demolition of the structure, Applicant has
hired an architect to design his home and an engineered OWTS which will most likely require
septic variances through the Local Board of Health, and therefore Applicant has requested a six
(6) month extension of time to complete installation of the OWTS or until April 30'', 2025 and the
Director of Building and Codes Enforcement has recommended approval of this request,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board,as the Town's Local Board of Health,hereby
authorizes and grants Adam Searles additional time or until April 30'', 2025 to obtain a certificate
of compliance from the Town's Building and Codes Enforcement Department to complete
demolition of the existing home and installation of a new Code compliant onsite wastewater
treatment system (OWTS) on Property located at 89 Birdsall Road and extend the date by which
the $2,000 escrow deposit shall be automatically forfeited until with the conditions that:
I) the home shall not be inhabited nor utilized for rental use until demolition is complete
and a new Code compliant OWTS has been approved and installed; and
2) this approval in no way approves any of the variances that might be forthcoming for
the OWTS; 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 actions necessary to effectuate
this Resolution.
Duly adopted this 4 h day of November, 2024, by the following vote:
AYES
NOES
ABSENT :