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1.2 1.2 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 .� 3 ,. . Snaring the phy-'ir"i er ire::n;.zn, 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 2 (P)518.371.7621 (F)518.371.9540 edpllp.com