BOH 051.2021 Grant Robert Stephens Ext to Wastewater System 128 Sunnyside N
RESOLUTION GRANTING ROBERT STEPHENS EXTENSION OF TIME
TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON
PROPERTY LOCATED AT 128 SUNNYSIDE NORTH
RESOLUTION NO.: BOH 51, 2021
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
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, Robert Stephens (Applicant) previously advised the Town Board, as the
Town’s Local Board of Health, that a change of deed for the Applicant’s property occurred on or
about August 12, 2020 and when the required property transfer septic inspection took place, it
was found that the existing wastewater system was deficient but the proposed holding tank was
not able to be completed within the required six (6) month time period and therefore the
Applicant applied for a timeline extension or until August 31, 2021 to install the holding tank and
extend the date on which the $2,000 escrow deposit he previously deposited with the Town shall
be automatically forfeited to the Town and the Director of Building and Codes Enforcement
recommended Town Board approval of this requested extension, and
WHEREAS, by Resolution No.: BOH 32,2021, the Town Board authorized and granted
Applicant the requested additional time or until August 31, 2021 to complete installation of the
holding tank and obtain a certificate of compliance from the Town’s Building and Codes
Enforcement Office, and
WHEREAS, by letter dated August 31, 2021, the Applicant has advised that due to issues
relating to the weight of the holding tank, removal of power lines by National Grid the necessity of
a crane from Rozell East, and the Applicant’s leave for military training, the Applicant was unable
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to complete installation of the holding tank by August 31 and therefore the Applicant has
requested that the Town Board grant him additional time or until the end of 2021 to complete the
installation and to extend the date on which the $2,000 escrow deposit he 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 Robert Stephens 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 installation of the holding tank/alterations to his wastewater system
located on his property at 128 Sunnyside North, 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 13 day of September, 2021, by the following vote:
AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES: None
ABSENT :None