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BOH 41, 2019 Grant Don Bernard Extension for Septic Replacement at 20 Brayton Road RESOLUTION GRANTING DON BERNARD OF 20 BRAYTON LLC AN EXTENSION OF TIME FOR SEPTIC SYSTEM REPLACEMENT AT 20 BRAYTON ROAD AND REINSTATING ESCROW DEPOSIT RESOLUTION NO.: BOH 41, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden 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, in February 2019, Don Bernard of 20 Brayton LLC (Applicant) purchased property located at 20 Brayton Road directly on the shore of Lake George with the intention of demolishing and removing the existing structure and substandard wastewater treatment system, and delivered a $2,000 escrow deposit to the Town, and WHEREAS, the demolition and removal of the structure and substandard wastewater treatment system has not been completed to date, and WHEREAS, Chapter 137 provides that such escrow deposit will be forfeited to the Town in the event that any removal of the structure and substandard wastewater treatment system are not completed within the time provided as established by Chapter 137, and WHEREAS, by application dated October 1, 2019, Applicant advised that the home on the property is unoccupied, all utilities are disconnected, the existing septic system has been pumped, the septic design is completed and a new home design will be submitted within the next few weeks and therefore, the Applicant has requested that the Town Board grant him additional time to remove the structure and substandard wastewater treatment system and to extend the date on which the $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, st hereby authorizes and grants Don Bernard of 20 Brayton LLC additional time or until April 1, 2020 to obtain a demolition permit and certificate of compliance from the Town’s Building and Codes Enforcement Office as set forth in Chapter 137, Subsection 137-4(C)(1), for the completed demolition and removal of the structure and substandard wastewater treatment system located at 20 Brayton Road and to extend the date on which the $2,000 escrow deposit shall be st automatically forfeited to the Town until such date of April 1, 2020 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. st Duly adopted this 21 day of October, 2019, by the following vote: AYES: Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES: None ABSENT: None