BOH 016.2021 Granting Chris Abele Ext. of Time to Replace Wastewater System at 3 & 10 Polk Drive
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.: BOH 16, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
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.
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Duly adopted this 5 day of April, 2021, by the following vote:
AYES: Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES: None
ABSENT: None