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BOH 055.2022 Granting Paul Derby Extension of Time - Complete Wastewater Alterations RESOLUTION GRANTING PAUL DERBY AN EXTENSION OF TIME TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON PROPERTY LOCATED AT 25 CANTERBURY DRIVE RESOLUTION NO.: BOH 55,2022 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 31, 2022, Paul Derby (Applicant) advised that as a result of a septic inspection of his property located at 25 Canterbury Drive in the Town of Queensbury (Tax Map No.: 289.17-1-20) on May 20, 2022 Applicant wishes to obtain an updated elevation survey of the property, develop an engineered septic system and secure the necessary variances from the Board of Health to complete the installation of a replacement wastewater treatment system on his property and therefore, the 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 November 20'', 2022, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health, hereby authorizes and grants Paul Derby additional time or until November 20'', 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 replacement wastewater treatment system located on his property at 25 Canterbury Drive, Queensbury and to extend the date on which the $2,000 escrow deposit shall be automatically forfeited to the Town until such date of November 20'', 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, and BE IT FURTHER, RESOLVED, with the condition that the property shall not be utilized for rental until and unless the new septic system is installed, and BE IT FURTHER, RESOLVED, with the condition that this approval in no way approves any of the variances that might be forthcoming for the forthcoming septic system. Duly adopted this 131h day of June, 2022, by the following vote: AYES Mr. Freer, Ferone, Mr. Strough, Mr. Metivier NOES None ABSENT : Mr. McNulty