BOH 002.2022 Granting Duane Averill an Extension of Time to Complete Wastewater System
RESOLUTION GRANTING DUANE AVERILL AN EXTENSION OF TIME
TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON
PROPERTY LOCATED AT 317 GLEN LAKE ROAD
RESOLUTION NO.: BOH 2, 2022
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 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, 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
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extension to July 1, 2022,
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 Duane Averill additional time or until July 1, 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
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be automatically forfeited to the Town until such date of July 1, 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.
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Duly adopted this 10 day of January, 2022, by the following vote:
AYES : Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES : None
ABSENT : None