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WASTE WATER\Extension of Time to Complete Septic Alteration&Escrow Deposit Per Property Transfer Law-Duane Averill—317 Glen Lake
Road—1-1 0-2022
RESOLUTION GRANTING DUANE AVERILL AN EXTENSION OF TIME
TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON
PROPERTY LOCATED AT 317 GLEN LAKE ROAD
RESOLUTION NO.: ,2022
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 transfer of ownership 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, by letter dated January 3, 2022, Duane Averill (Applicant) has advised the
Director of Building and Codes Enforcement (Director) that generally due to the unavailability of
contractors and winter weather conditions, Applicant has been unable to arrange for the
completion of needed alterations to the wastewater system on his property located at 317 Glen
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Lake Road in the Town of Queensbury (Tax Map No.: 289.9-1-57) by January 23�d, 2022, and
therefore, the Applicant has requested that the Town Board grant him additional time to
complete such alterations 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 has recommended Town Board approval of this requested
extension to July 1st, 2022,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants Duane Averill additional time or until July Pt, 2022 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 the wastewater system located on his property at
317 Glen Lake Road, Queensbury and to extend the date on which the $2,000 escrow deposit shall
be automatically forfeited to the Town until such date of July l St, 2022 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.
Duly adopted this 101h day of January, 2022, by the following vote:
AYES
NOES
ABSENT :
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NY I2",
Dear Mr. Hatin,
In July, 2021, Brian Backus had the septic system at 317 Glen Lake Road inspected by the Town of Queensbury as
part of the process of selling his home. The septic system failed on inspection and he was given 6 months by the
town to correct this failed system. In September 2021, my wife Christine and I purchased this home and
immediately went to the Town Offices and signed a document stating that we would correct the septic system and
we placed a deposit of$2,000 as a bond assuring this would be completed. We thought we had 6 months from
when we placed the deposit to correct the system, but in talking to you, now understand that it was to be
corrected 6 months from the failed inspection.
Since our purchase, we have been working with Tom Hutchins, the Engineer who previously worked with Brian
Backus to complete drawings of a system and to hire an engineering firm to perform the work. To date,we have
not heard from the Septic company on a cost estimate. We are now concerned that the company won't be able
to perform the work before the ground freezes.
We would like to request of the Board an extension of the timeframe to complete this work to July I, 2022 to
protect our$2,000 deposit. We are still trying to have this completed ASAP, but cannot guarantee that it is
completed prior to January 23ra
Thank you for your consideration.
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Duane Averill -
Owner, 317 Glen Lake Road
[Type the sender company name]
January 3, 2022