BOH 056.2022 Granting Guy Dimemmo Extension of Time to Complete Wastewater Alterations RESOLUTION GRANTING GUY DIMEMMO AN EXTENSION OF TIME
TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON
PROPERTY LOCATED AT 11 NACY ROAD
RESOLUTION NO.: BOH 56,2022
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 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
July 30'', 2022 rather than the required completion date of June 1", 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 July 301h 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 July 301h, 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 July 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 Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES None
ABSENT : Mr. McNulty