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exemption EXEMPTION CONDITION OPTIONS Due to one of the conditions listed below, I am requesting an exemption from the Septic Inspection Upon Property Transfer by the Town of Queensbury: ❑ The property to be sold or transferred will not be inhabited, and the new owner plans to demolish the existing structure. In order to qualify for the exemption, a notarized affidavit must be submitted to the Building and Codes Enforcement Office stating that the dwelling will not be inhabited and that it will be demolished with no immediate plans to rebuild or the dwelling will not be inhabited, it will be demolished and rebuilt, in which case the affidavit shall be accompanied by a site plan, including adequate detail to demonstrate a lawful OWTS, together with a check payable to the Town of Queensbury in the amount of$2,000. Such funds will be held in a non-interest-bearing escrow account and will be released, in the former case, upon issuance of a demolition permit and, in the latter case, upon issuance of a certificate of compliance from the Building and Codes Enforcement Office. If the Property Transfer inspection is not completed within that 6 (six) month timeframe, the $2000 will be forfeited. ❑ An OWTS inspection was not able to be completed prior to the conveyance of real property due to inclement weather. In order to qualify for the exemption, a notarized affidavit from the new property owner to complete the requisite OWTS inspection within six months of the date of the conveyance of real property, or June 1, whichever comes first, must be filed with the Building and Codes Enforcement Office. A check payable to the Town of Queensbury in the amount of$2,000 will be held in a non- interest-bearing escrow account and shall be released upon the completion of a satisfactory OWTS inspection from the Building and Codes Enforcement Office. If the Property Transfer inspection is not completed within that 6 (six) month or June 11' timeframe, the $2000 will be forfeited. The property to be sold or transferred contains an existing OWTS that does not comply with the provisions of this article, and the prospective purchasers and/or the Seller wish to forgo an inspection in favor of installing an approved OWTS within six months of the transfer of property. In order to qualify for the exemption, a notarized affidavit must be submitted to the Building and Codes Enforcement Office stating that the existing OWTS will be replaced within six months from transfer of property. The affidavit must be accompanied by a site plan, including adequate detail to demonstrate that the replacement OWTS will comply with this article, together with a check payable to the Town of Queensbury in the amount of$2,000. Such funds will be held in a non-interest-bearing escrow account and will be released upon issuance of a certificate of compliance from the Building and Codes Enforcement Office. If the Property Transfer inspection is not completed within that 6 (six) month timeframe, the $2000 will be forfeited. Property Transfer Packet Revised October 2019 ❑ During the OWTS inspection, a failure of the septic system was determined. Due to winter and frozen conditions, the repair to an existing OWTS could not occur or a new OWTS could not be installed before the conveyance of real property. In order to qualify for the exemption, a notarized affidavit from the new property owner to complete the installation or repair of the septic system within six months from the date of the conveyance of real property, or June 1, whichever comes first, must be filed with the Building and Codes Enforcement Office. A check payable to the Town of Queensbury in the amount of$2,000 will be held in a non-interest-bearing escrow account and shall be released upon the completion of the repair or installation of a new septic system and a satisfactory OWTS inspection from the Building and Codes Enforcement Office. If the Property Transfer inspection is not completed within that 6 (six) month or June Pt timeframe, the $2000 will be forfeited. ❑ There is a record of a septic system inspection upon property transfer permit and inspection completed and passed within the last three years. Please provide a copy of this record. PLEASE READ NOTICE THOROUGHLY: Failure to complete the inspection, obtain the permit or complete all repairs/installations identified in the preceding subsections of this section within the time provided or any subsequent deadline established by the Building and Codes Enforcement Office will result in forfeiture of the moneys held in escrow, and the Town may use such funds toward abating the conditions caused by each such violation of this article. Inspections must take place within one (1) year of submission of a completed application. Inspections scheduled to take place after the one year period will be subject to submission of a renewal application and payment of the renewal fee based on the current fee schedule. I have read and understand the above notice regarding the expectations and possible forfeiture of moneys submitted to the Town of Queensbury for an exemption request. Seller: Print Name: Date: Sign Name: Date: Buyer: , Print Name: ,,��r1�' Date: Sign Name: Date: Property Transfer Packet Revised October 2019 September 22, 2020 To Whom It May Concern, I am purchasing 3 Polk Road Queensbury, NY 12804 on October 51h, 2020. 1 have waived the septic inspection by the Town of Queensbury and am aware that I have construct a totally new septic system and leach field. My intention is to demolish (1)of the (2) existing cottages within the next year. However, I am aware that I must install a new septic system that complies with all Town codes and regulations. Enclosed is my escrow check of$2,000. Sincerely, SEP Chris Abele 7'0— �of eUlCdlAf( LUDA PATON NOTARY PUBLIC-STATE OF NEW YORK No.01PA6397373 Qualified in Albany County My Commission Expires 09-03-2023 ENVIRONMENTAL DESIGN PARTNERSHIP, LLP. 900 Route 146 Clifton Park,NY 12065 (P)518.371.7621 (F)518.371.9540 edpllp.com Shaping the physical environment March 26, 2020 RECEIVED Town of Queensbury Board of Health !!' �� � 11 742 Bay Road 1 MAR 3 IJ ''2 2 i , ! Queensbury, NY 12804 QUEENSBURY % \, CLERK'S OFFICE Attn: John Strough, Chairman . lul Re: Graziano Wastewater—195 Assembly Point-Road �_:-: iw- Dear John: In compliance with provisions of Queensbury Ordinance Chapter 137,John Graziano sought and received an `inspection exemption'for his property at 195 Assembly Point Road in October 2020. Following receipt of the exemption, Mr. Graziano received approvals from the Building Department for a permit associated with their proposed replacement wastewater system. Due to the wintertime- frame the work was not undertaken. Mr. Graziano is now proceeding with a site plan application associated with a garage addition. As it will make logistical sense to complete the two projects in conjunction with one another an extension of the exemption seems to be an advisable approach. The six-month timeframe granted in the exemption will expire soon so at this time Mr. Graziano is requesting an extension of the exemption until September 30,2021. My understanding from discussions with Dave Hatin is that this request can be administered at the upcoming Board meeting on April 5tn. Thank you for your consideration of this request. Sincerely, -Devlv115 WIGiG�lra�( v Dennis MacElroy, PE Environmental Design Partnership Cc: John Graziano Dave Hatin September 29,2020 To Whom It May Concern, I am purchasing 3 Polk Road Queensbury NY 12804 on October 5th,2020. 1 have waived the septic inspection by the Town of Queensbury and am aware that I must construct a totally new septic system and leach field.My intension is to demolish both structures within the next year,as soon as I can get a demolition permit. I am aware that I must install a new septic system that complies with all new rules, codes,and regulations.I have given the Town an escrow check of$2000 and filled out the septic -application. Sincerely Wp Chris Abel0)e ' A V MAUREEN ABELE NOTARY PUBLIC=STATE OF NEW YORK No.01AB8344276 Qualified n:Saretoga County My CoMM10eIQn Expires 06-27-2024 SEWAGE DISPOSAL SYSTEM EXEMPTION COMPLIANCE LETTER Town of Queensbury 742 Bay Road,Queensbury,NY 12804 P:518-761-8256 www.gueensbury.net Date: 29 September 2020 To: Chris Abele (Purchaser) Re: System Inspection Site Report for: 3 Polk Dr, Lake George, NY 12845 (Site Address) The purchaser of the above-referenced parcel has submitted to the Town of Queensbury an exemption request which includes a notarized letter stating the existing structure will be demolished with no immediate plans to rebuild. The purchaser has also submitted a waiver deposit of$2000, as well as paid the $250 inspection fee. If, however,the Septic Inspection.Upon Property Transfer has not occurred or the demolition of the existing structure does not occur within 6 months of the date of Property Transfer,the$2000 waiver deposit will be forfeited. Sincerely, 4 David Hatin, Director Building&Code Enforcement Town of Queensbury Building&Code Enforcement September 2019 Y n 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: t 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. Duly adopted this 5th day of April, 2021, by the following vote: AYES: Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None