BOH 36, 2019 Loretta Landry Extension of Time Septic System
RESOLUTION GRANTING LORETTA LANDRY AN EXTENSION OF
TIME FOR SEPTIC SYSTEM REPLACEMENT AT 53 ASSEMBLY POINT
ROAD AND REINSTATING ESCROW DEPOSIT
RESOLUTION NO.:BOH 36, 2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, by Resolution No. 380,2018, the Queensbury Town Board adopted Local
Law 2 of 2018 entitled “Septic Inspection Upon Property Transfer” which is now set forth at
Queensbury Town Code Chapter 137 (Chapter 137), and
WHEREAS, by Resolution No. 176,2019, the Town Board adopted Local Law 5 of 2019
to make a minor modification to Chapter 137 to add an additional exemption, and
WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems
(OWTS) prior to the sale of certain real property, and
WHEREAS, by letter and application dated September 26, 2019, Loretta Landry, the
former owner of property located at 53 Assembly Point Road directly on the shore of Lake
George (Applicant), advised that in March, 2019 she entered into a contract to sell such property
and in accordance with Chapter 137 scheduled a wastewater treatment system inspection and
delivered a $2,000 escrow deposit to the Town, and
WHEREAS, Chapter 137 provides that such escrow deposit will be forfeited to the Town
in the event that any needed septic repairs/installations are not completed within the time
provided as established by Chapter 137, and
WHEREAS, the Applicant has advised that during the process of replacing the on-site
wastewater treatment system, it was discovered that a new wastewater system will require
several variances and additional time is required and therefore the Applicant has requested that
the Town Board accordingly grant her additional time to obtain variances for and installation of a
new replacement wastewater system meeting Town standards and extend the date on which her
$2,000 escrow deposit shall be automatically forfeited to the Town,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town’s Local Board of Health,
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hereby authorizes and grants Loretta Landry additional time or until November 30, 2019 to
submit an application, obtain variances for and complete installation of a new replacement
wastewater system at 53 Assembly Point Road as set forth in Chapter 137, Subsection 137-
4(C)(3), and to extend the date on which her $2,000 escrow deposit shall be automatically
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forfeited to the Town until such date of November 30, 2019 as delineated in this Resolution,
and authorizes and directs the Town Supervisor, Director of Building and Codes Enforcement
and/or Town Budget Officer to and take any and all action necessary to effectuate all terms of
this Resolution.
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Duly adopted this 7 day of October, 2019, by the following vote:
AYES: Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES: None
ABSENT :Mrs. Atherden
ABSTAIN:Mr. Metivier