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1.8 1.8 WASTEWATER\Extension of Time to Complete Septic Alteration&Escrow Deposit Per Property Transfer Law-DiMemmo-6-13-2022 RESOLUTION GRANTING GUY DIMEMMO AN EXTENSION OF TIME TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON PROPERTY LOCATED AT 11 NACY 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 May 26, 2022, Stefanie DiLallo Bitter, Esq., on behalf of Guy DiMemmo (Applicant) advised that Applicant took title of property located at 11 Nacy Road in the Town of Queensbury (Tax Map No.: 289.6-1-18) on March 10, 2022 and Applicant's contractor anticipates completion of the installation of a new septic system for the property by no later than June 30t', 2022 rather than the required completion date of June lst, 2022 and therefore, Applicant has requested that the Town Board grant him additional time to complete such work 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 Town's Acting Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension to June 30'', 2022, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health, hereby authorizes and grants Guy DiMemmo additional time or until June 30'', 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 the installation of a new wastewater treatment system located on his property at 11 Nacy 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 June 30'', 2022 as delineated in this Resolution 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 131h day of June, 2022, by the following vote: AYES NOES ABSENT : ALAN R.RHODES BARTLETT,PONTIFF,STEWART& RHODES,P.C. GREGORY J.TEREsi PHILIP C.MCINTIRE VICTORIA M.CRAFT MARK A.LEBOWITZ ATTORNEYS AT LAW ALExANDRA C.DAVIS J.LAWRENCE PALTROWiTZ P.O.BOX 2168 BENJAMIN R-PRATT,JR. MALCOLM B.O'HARA ONE WASHINGTON STREET OF COUNSEL PATRICIA E.WATKINS ROBERT S.MCMILLEN MARK E.CERASANO GLENS FALLS,NEW YORK 12801-2168 RETIRED BRUCE O.LIPINSKI RICHARD J.BARTLETT PAULA NADEAU BERUBE 1926-2015 JONATHAN C.LAPPER TELEPHONE(518)792-2117 PAUL E.PONTIFF JAMES R.BURKETT FAX(518)792-3309 1930-2021 STEFANIE DILALLO BITTER EMAIL Into aftsdamcom ROBERT S.STEWART KARLA WILLIAMS BUETTNER WEBSITE wim.besdaw.com 1932-2001 JOHN D.WRIGHT BERTRAM J.DUBE 1916-1999 SERVICE BY FACSIMILE NOT ACCEPTED May 26, 2022 Supervisor John Strough and Town of Queesbury Town Board 742 Bay Road Queensbury New York 12804 Re: 11 Nacy Road Property Transfer Sewage Disposal Information Form Dear Supervisor Strough and Town Board Members: Please be advised that I represent Guy DiMemmo who took title of the above mentioned property on March 10,2022.At that time we requested an exemption,because my client is in the process of installing a new septic for the home. On the closing date we submitted the $2,000 refundable deposit plus the$275 permit fee. At this time my client has retained Rick McGuire Excavation and Trucking LLC and it is anticipated to be completed by no later than June 30, 2022 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, Bartlett,Pontiff, Stewart&Rhodes,P.C. Stefanie DiLallo Bitter Direct Line:(518)832-6419 Direct E-mail. sdbaa.bpsrlamcvnl Enclosure 713671