1.4 1.4
WASTEWATER\Extension of Time to Complete Septic Alteration&Escrow Deposit Per Property Transfer Law-0rban—21 25 Duncan Cove-6-13--2022
RESOLUTION GRANTING STEPHEN AND MEGHAN ORBAN
ADDITIONAL EXTENSION OF TIME TO COMPLETE INSTALLATION
OF NEW WASTEWATER SYSTEM ON PROPERTY
LOCATED AT 21, 25 DUNCAN COVE
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 May 4, 2022, Stefanie DiLallo Bitter, on behalf of Stephen
and Meghan Orban (Applicants) advised that the Applicants took title of property located at 21, 25
Duncan Cove in the Town of Queensbury (Tax Map No.: 226.16-1-7) in January 27, 2022 with the
intention of demolishing the existing structure and reconstructing the septic system at the time their
new home is constructed with the new septic system scheduled to be installed and running in the
spring of 2023, and
WHEREAS, since the new septic system will not be installed by June 2022, the
Applicants requested that the Town Board grant additional time to complete such work and
extend the date on which the $2,000 escrow deposit Applicants previously deposited with the
Town shall be automatically forfeited to the Town and the Acting Director of Building and
Codes Enforcement recommended that the Town Board as the Town's Local Board of Health
approve this requested extension to May 1, 2023, and
WHEREAS, by Resolution No.: 218,2022, the Town Board authorized and granted the
Applicants additional time or until June 13'', 2022 to complete such work and obtain a certificate
of compliance from the Town's Building and Codes Enforcement Office, and
WHEREAS, the Town Board requested additional information from the Applicants and
agreed to an extension to gather that information, and
WHEREAS, the Applicants have provided the Local Board of Health with the requested
additional information, and
WHEREAS, the Acting Director of Building and Codes Enforcement has recommended
that the Town Board as the Town's Local Board of Health approve the requested extension to
May 1, 2023, and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants Stephen and Meghan Orban additional time or until May 1, 2023 to
obtain a certificate of compliance from the Town's Building and Codes Enforcement Office as
set forth in Chapter 137 for completion of Applicants' new septic system located on their
property located at 21, 25 Duncan Cove, Queensbury and to extend the date on which the $2,000
escrow deposit shall be automatically forfeited to the Town until such date of May 1, 2023 and
authorizes and directs the Town Supervisor and/or Acting Director of Building and Codes
Enforcement to and take any and all actions necessary to effectuate all terms of this Resolution.
Duly adopted this 13Ih day of June, 2022, by the following vote:
AYES
NOES
ABSENT :
4
RESOLUTION GRANTING STEPHEN AND MEGHAN ORBAN
EXTENSION OF TIME TO COMPLETE INSTALLATION OF
NEW WASTEWATER SYSTEM ON PROPERTY
LOCATED AT 219 25 DUNCAN COVE
RESOLUTION NO.: 218,2022
INTRODUCED BY: Mr.Anthony Metivier
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 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 May 4, 2022, Stefanie DiLailo Bitter, on behalf of Stephen
and Meghan Orban(Applicants) advised that the Applicants took title of property located at 21,25
Duncan Cove in the Town of Queensbury(Tax Map No.: 226.16-1-7) in January 27, 2022 with the
intention of demolishing the existing structure and reconstructing the septic system at the time their
new home is constructed with the new septic system scheduled to be installed and running in the
spring of 2023,and
WHEREAS, since the new septic system will not be installed by June 2022, the
Applicants have requested that the Town Board grant additional time to complete such work and
extend the date on which the $2,000 escrow deposit Applicants previously deposited with the
Town shall be automatically forfeited to the Town, and
WHEREAS, the Acting Director of Building and Codes Enforcement has recommended
Town Board approval of this requested extension to May 1, 2023,
WHEREAS, the Town Board requested additional information and agreed to an
extension to gather that information,
NOW, THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants Stephen and Meghan Orban additional time or until June 13, 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 Applicants' new septic system located on their
property located at 21, 25 Duncan Cove, Queensbury and to extend the date on which the $2,000
escrow deposit shall be automatically forfeited to the Town until such date of June 13, 2022 and
authorizes and directs the Town Supervisor and/or Acting Director of Building and Codes
Enforcement to and take any and all actions necessary to effectuate all terms of this Resolution.
Duly adopted this 10h day of May, 2022, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES None
ABSENT : None
c
ALAN R.RHODES BARTLETT,PONTIFF,STEWART&RHODES,P.C. GREGORY J.TEREsi
PHILIP C.Mi cINTiRE - VICTORIA M.CRAFT
rMum A.LEBOwrr{ ATTORNEYS AT L1AW ALExANDRA C.DAvis
J.LAwRENCE PALTROwrrz P.O.BOX 2168 BENJAAIIN R.PRATT,JR.
NIALCOLm R.O'HARA ONE WASHINGTON STREET OF COUNSEL
PATRrm E.WATKINS ROBERT S.MCMILLEN
MARK E.CERASANO GLENS FALLS,NEW YORK 12801-2168 RETIRED
RRUCE O.LIPINSKI RICHARD J.BARTLETr
PAULA NADEAU BERUBE 1926-2015
JONATHAN C.LAPPER TELEPHONE(518)792-2117 PAUL E.PONTIFF
JAMEs R.BURK= FAX(518)792-3309 1930-2021
STEFANIE DILALLo Rrrr£R EINAIL info-4 bgriaw.com ROBERT S.STESYART
KARLA WILumms RUI:TTNER WEnsrm www.brisrtitw.com 1932-2001
JOHN D.WRIGH•r BERTRAM J.DUB£
SERVICE BY FACSIMILE NOTACCEPTED 1916-1999
May 4,2022
Supervisor John Strough and
Town of Queesbury Town Board
742 Bay Road
Queensbury New York 12804
Re: 21,25 Duncan Cove
Property Transfer Sewage Disposal Information Form
Dear Supervisor Strough and Town Board Members:
Please be advised that I represent Stephen and Meghan Orban,the individuals who took title of the
above mentioned property on January 27,2022. At that time we requested an exemption, because
it is my clients intention to demolish the existing structures and reconstruct the septic system at the
time the home is constructed. On the closing date we submitted the$2,000 refwidable deposit plus
the $275 permit fee. At this time my clients have retained AJA Architecture and Planning, EDP
Engineering and Hilltop Construction relative to the site's construction. We will be submitting the
applications to the Town of Queensbury this month and it is anticipated that the applications will be
before Planning and Zoning in June. The Team anticipates that the new septic system should be
installed and running in the Spring of 2023.
In speaking to John O'Brien relative to the status of the project he advised that it will be necessary
to submit and request an extension of the Septic Inspection since the new System will not be
installed by June 2022. Please accept this as my request for an extension and place this on your next
available agenda. I have enclosed the proposed Site Plans together with proposed Septic for your
review.
Sincerely,
Bard 'it,Poi ' f, StSN�irt&Rhodes,P.C.
Ste - ie;i`iLl�cri�' Lci
'Dire t 're:(S18)832-6419
Direct E-nail ullxii..bnsrlaw.coi?;
Enclosure
Office Use Only
Pertnitt
Fee:
.T614M ofI S Vrlr
742,Day Rpad,QL;4e#sbury,NY 12804
.
P:518-761-8206 or 5.:L13=761-8205 Invoice#*.
www.0_tfeensbUN,net
SEWAGE.DISPOSAL SYSTEM INSPECTION INFORMATION
Individual Residential w0teWaiet Tmbnent System
coNTACT'l N FORMATION(please print legibly-or type.and joc[qde An email address.)
Propettyand Owner friformati.on: (Please attach property survey or,tax parcel map).
Property address for.inspebiloh? 21,25*buncan Cove(PVT).
Tax map,numberi 226,16=',-7-.and*22_6,1&.I-'9"
Property owner: Jean.nette.t.V.osburgh Evan L.Connolly, Lisa V.Earl,B.everiyL.Vo�-bur,-h,Jean Fr.andes.:Gar�y
Mailing Address(c/s/i):_P;6. Box'97,tleverdal .NY 12820-
Cell Land.Line 4:
Email- michaelgarry@garrygarry.com.
Applicant(if different than above)k-_ Stephen and Meg'han Orban c/o Stefanie.Dilallo Bitter
Mailing Address(C/s/i); 162 Larchmont Avertuo,.Lardhm.brit,NY 10518
Cell#: La'nd Line#.-_519-832-:6419
Email:, sdb@bp*srlaw*,com
M Proposed'.0w.ner ❑ Realtor Attorney 'D other(,explain:
Septic Contractor:.. Dennis Ma*cElt.by/EbP
9VE
-Address(c/s/z): E
Mailing
Cell#: Land Line#:
JAN
Email:
L-TOVVN OF QUEEEENSBURY
BUjLDING&COT)Ej
.ILD
'Reason far l"spedtiph ALiqU6st
Fj On the market El Future listing N Sale Pending Deed Transfer 0 Other:
Ptoperty'rransfer Packet Rrvfiqd April 20�
HOUSEHOLD INFORMATION
"PLEASE SEE.SEPARATE PAGE FOR EXEMPTIONS"
#Bedrooms 6 #.BathroQms .15 sier
4t.Kitchens Z JacuzzI't0( ")_. Earbage:grind
(system services 2 dwellings: raziln.h-ouse with 4 b7r,-2.5 bath, I kitchen;-cottage.with 2:br, 297,
1 kitchen)
Onsite Wastewater Treatment System:
How Many systems are on the property? I
Yearsyst-dm(s).installed:' Tank 1 Size of Septic Tank 1966.+/-
Type of Absorptio-n System: uncertain
Are all system corn pon em wholly within,the property boundaries? ElYes. EjNo,
Are system plans available? E] Yes ® No
Does thesystem(s) serve multiple proper-ties? F-1 Yes ® No
If yes, describe.
Maintenance:
Service aghaerbent?'[j Yes Q No;- if yes; business' name
Date oflast inspection—N/AEJ Date tank last pumped N/A
Frequency of pumping._.N/A F
List known repairs/replacements,with dates:
Date Type of Repair/Replacement
Operation:
System problems? E]-yVS 0- N.O.
Sewage,odors?- F-I Yes '171 No
Direct surfacedischarge(s)? Fj Yes; No
# Back-up of Collets? Elyes n: No-
* Ba&-up of any other fixtures? (eg.slow deafris) pYes 0: No
4 Seasonal.pond ingor-breakout of!each field? Yes 11.
F.r6pdrty Transfer Packdt Xevlscd,April 2021