BOH 057.2002 Granting Reece Rudolph Extension of Time to Complete Wastewater Alterations RESOLUTION GRANTING REECE RUDOLPH AN EXTENSION OF
TIME TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON
PROPERTY LOCATED AT 31 NACY ROAD
RESOLUTION NO.: BOH 57,2022
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
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, Reece Rudolph (Applicant) owner of property
located at 11 Nacy Road in the Town of Queensbury (Tax Map No.: 289.6-1-19) advised that due
to the fact that he is unable to get materials delivered on time, completion of the installation of a
new septic system for the property will be completed by no later than August 1st, 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 August 1", 2022,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants Reece Rudolph additional time or until August 1st, 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 31 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 August 1 st, 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.
Duly adopted this 131h day of June, 2022, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough
NOES None
ABSENT : Mr. McNulty