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