BOH 028.2021 Granting Nicole & Joseph Pickering Ext Time for Wastewater 3 Palmer Dr
RESOLUTION GRANTING NICOLE AND JOSEPH PICKERING
EXTENSION OF TIME TO COMPLETE WASTEWATER SYSTEM
ALTERATIONS ON PROPERTY LOCATED AT 3 PALMER DRIVE
RESOLUTION NO.: 28, 2021
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
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 provides that a $2,000 escrow deposit will
be forfeited to the Town in the event that completion of a wastewater treatment system meeting
all standards is not completed within the time provided as established by Chapter 137, and
WHEREAS, Nicole and Joseph Pickering (Applicants) previously advised the Town Board,
as the Town’s Local Board of Health, that due to inclement weather, the Applicants’ contractor
was unable to complete needed alterations to the Applicants’ wastewater system on their property
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located at 3 Palmer Drive in the Town of Queensbury by April 30 and therefore, the Applicants
requested that the Town Board grant them additional time or until the end of May 2021 to
complete such alterations and to extend the date on which the $2,000 escrow deposit they
previously deposited with the Town shall be automatically forfeited to the Town, and
WHEREAS, by Resolution No.: BOH 18,2021, the Town Board authorized and granted
Applicants the requested additional time or until the end of May 2021 to complete such
alterations and obtain a certificate of compliance from the Town’s Building and Codes
Enforcement Office, and
WHEREAS, by letter dated May 25, 2021, the Applicants have advised that due to
inclement weather, their contractor will be unable to complete the needed alterations to the
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Applicants’ wastewater system by May 31 and therefore the Applicants have requested that the
Town Board grant them additional time or until the end of 2021 to complete the alterations and
to extend the date on which the $2,000 escrow deposit they previously deposited with the Town
shall be automatically forfeited to the Town, and
WHEREAS, the Director of Building and Codes Enforcement has recommended Town
Board approval of this requested extension,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town’s Local Board of Health,
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hereby authorizes and grants Nicole and Joseph Pickering additional time or until December 31,
2021 to obtain a certificate of compliance from the Town’s Building and Codes Enforcement
Office as set forth in Chapter 137 for completion of alterations to their wastewater system
located on their property at 3 Palmer Drive, Queensbury and to extend the date on which the
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$2,000 escrow deposit shall be automatically forfeited to the Town until such date of December 31,
2021 as delineated in this Resolution 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 7 day of June, 2021, by the following vote:
AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES : None
ABSENT : None