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WASTEWATER\\Extension of Time to Replace Septic System Per Property Transfer Law-Graziano – 4-5-2021
RESOLUTION GRANTING CHRIS ABELE AN EXTENSION OF TIME
TO INSTALL WASTEWATER AND REPLACEMENT WASTEWATER
SYSTEMS ON PROPERTIES LOCATED AT 3 POLK DRIVE
AND 10 POLK DRIVE
RESOLUTION NO.: ______________________________________________________, 2021
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” which is 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
and by Resolution No. 47,2020, adopted Local Law 1 of 2020 to make additional minor
modifications to Chapter 137, and
WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems
(OWTS) prior to the sale of certain real property, and
WHEREAS, by letter dated March 29, 2020, Dennis MacElroy, PE, agent for Chris
Abele, owner of properties located at 3 Polk Drive and 10 Polk Drive, Queensbury has advised the
Town Board concerning the following two properties:
1. 3 Polk Road - Mr. Abele received Site Plan approval from the Town Planning Board for
a new house and wastewater system on this property but construction of the wastewater
system will not be completed within the required six (6) month timeframe and he will
not seek an occupancy certificate for the new house until spring of 2022 so Mr. Abele
has requested that the Town Board grant him a timeline extension or until June 1, 2022
to complete installation of the wastewater system and to extend the date on which the
$2,000 escrow deposit (that he previously delivered to the Town) shall be automatically
forfeited to the Town; and
2. 10 Polk Road - Mr. Abele removed the existing non-compliant and substandard
wastewater system on this property but construction of a new wastewater system will
not be completed within the required six (6) month timeframe so Mr. Abele has
requested that the Town Board grant him a timeline extension or until June 30, 2021 to
complete installation of the wastewater system and to extend the date on which the
$2,000 escrow deposit (that he previously delivered to the Town) shall be automatically
forfeited to the Town; and
WHEREAS, the Director of Building and Codes Enforcement has recommended Town
Board approval of these requested extensions,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town’s Local Board of Health,
hereby authorizes and grants Chris Abele additional time to obtain certificates of compliance
from the Town’s Building and Codes Enforcement Office for the following two properties as set
forth in Chapter 137, until:
1. June 1, 2022 to complete installation of the wastewater system on his property located
at 3 Polk Road and to extend the date on which the $2,000 escrow deposit shall be
automatically forfeited to the Town until such date of June 1, 2022; and
2. June 30, 2021 to complete installation of the wastewater system on his property located
at 10 Polk Road and to extend the date on which the $2,000 escrow deposit shall be
automatically forfeited to the Town until such date of June 30, 2021;
and authorizes and directs the Town Supervisor and/or Director of Building and Codes
Enforcement to and take any and all actions necessary to effectuate all terms of this Resolution.
th
Duly adopted this 5 day of April, 2021, by the following vote:
AYES :
NOES :
ABSENT :
0_: ENVIRONMENTAL DESIGN
PARTNERSHIP LLP. 900 Route 146 Clifton Park,NY 12065
' (P)518 371 7621 (F)518.371 9540 edpllp.corn
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March 29, 2021
Town of Queensbury Board of Health •
742 Bay Road
Queensbury, NY 12804
Attn: John Strough, Chairman cL tTil r?j
� ,8-:f:fC
Re: Abele Wastewater—3 Polk Drive (111
Abele Wastewater— 10 Polk Drive
Dear John:
In compliance with provisions of Queensbury Ordinance Chapter 137, Chris Abele sought and
received `inspection exemptions'for his properties at 3 Polk Drive and 10 Polk Drive in October
2020. The following provides information on the current status of those two lots.
3 Polk Road
Following Mr. Abele's acquisition of this property he has been developing plans for a new house
and wastewater system to replace the existing two cottages. The proposed plans received Site Plan
Review approval at the March 23rd meeting of the Queensbury Planning Board. While this project
will begin this Spring, it is not expected that the associated house will be completed and seeking an
occupancy certificate until Spring of 2022. In consideration of that schedule, it is requested that the
issued exemption be extended until June 1, 2022. Mr.Abele has paid the required `refundable $2000
deposit'which the Town will continue to hold for the duration of the construction period. Once the
approved wastewater system is constructed and the house is allowed to be occupied,the deposit
will be requested for refund.
10 Polk Drive
Following Mr.Abele's acquisition of this property he removed the existing non-compliant and sub-
standard wastewater system that served the existing single-family residence. It is Mr.Abele's desire
to use the existing residence this coming summer season. A new wastewater system for this
property has been designed and will be submitted to the Town Building & Codes Department for
permitting in the next two weeks. Once the permit is obtained, construction will be completed this
Spring in time for occupancy and use in June. In consideration of that schedule, it is requested that
the issued exemption be extended until June 30,2021. Again a$2000 deposit has been issued to the
Town and will be held until such time the replacement system has been constructed, is operational
and has been inspected by the Town.
John Strough ENVIRONMENTAL DESIGN PARTNERSHIP, LIP.
March 29, 2021 Shaping the physical environment
Page 2
The six-month timeframe granted in the exemption will expire soon so at this time Mr.Abele is
requesting an extension of the exemption at an upcoming meeting. My understanding from
discussions with Dave Hatin is that this request can be administered at the Board meeting on April
5th,
Thank you for your consideration of this request.
Sincerely,
Veovlis W acE(re'
Dennis MacElroy, PE
Environmental Design Partnership
Cc: Chris Abele
Dave Hatin
•
900 Route 146 Clifton Park,NY 12065
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(P)518.371.7621 (F)518.371.9540 edpllp.com