BOH 091.2024 Granting Lynn Rutnik Additional Extension - 316-321 Glen Lake Road - Complete Sewer System
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 91, 2024
INTRODUCED BY: Mr. Michael Dixon
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
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, 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
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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
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Applicant’s requested additional time until October 17, 2023, and
WHEREAS, Applicant subsequently advised that due to continuing litigation, the work had
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not been completed and therefore Applicant requested a six month extension or until April 17,
2024 to complete such work and by Resolution No.: BOH 69,2023, the Town Board approved
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Applicant’s requested additional time until April 17, 2024, and
WHEREAS, Applicant subsequently advised that the process had taken much longer than
anticipated and therefore Applicant requested an additional six-month extension or until October
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30, 2024 to complete such work and by Resolution No.: 52,2024, the Town Board approved
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Applicant’s requested additional time until October 30, 2024, and
WHEREAS, by letter dated 23 October 2024, Applicant has again advised that the process
has taken much longer than anticipated and has therefore requested an additional six-month
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extension or until April 30, 2025 to complete such work and the Director of Building and Codes
Enforcement has recommended Town Board approval of this request,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town’s Local Board of Health, hereby
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authorizes and grants Lynne Colleen McNeil Rutnik additional time or until April 30, 2025 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 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 any actions necessary
to effectuate this Resolution.
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Duly adopted this 4 day of November, 2024, by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Dixon, Mr. McNulty
NOES : None
ABSENT: None