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1.3 1.3 WASTEWATER\Extension of Time Again to Complete Septic Alteration&Escrow Deposit Property Transfer Law-Derby—25 Canterbury Drive-11-7-2022 RESOLUTION GRANTING PAUL DERBY ADDITIONAL EXTENSION OF TIME TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON PROPERTY LOCATED AT 25 CANTERBURY DRIVE 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 31, 2022, Paul Derby (Applicant)previously 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 wished 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 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 the Town's Acting Director of Building and Codes Enforcement recommended Town Board approval of the requested extension to November 20d', 2022, and WHEREAS, by Resolution No.: BOH 55,2022, the Town Board authorized and granted Applicant the requested additional time or until November 201h, 2022 to complete installation of the replacement wastewater treatment system and obtain a certificate of compliance from the Town's Building and Codes Enforcement Office, and WHEREAS, by letter dated October 20, 2022, Applicant has advised that due to his surveyor's busy schedule, the needed topographical survey for engineering a wastewater septic unit was not available until September 16d' and he will also need to come before the Town's Local Board of Health to request needed variances and as a result installation of the replacement wastewater treatment system cannot be completed by November 22nd and therefore Applicant has requested that the Town Board grant additional time to complete such work and extend the date on which the $2,000 escrow deposit Applicant previously deposited with the Town shall be automatically forfeited to the Town to November 15'h, 2023, and WHEREAS, the Acting Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension, 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 15'h, 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 the installation of the 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 15'h, 2023 as delineated in this Resolution with the conditions that: I) the property shall not be utilized for rental until and unless the new replacement wastewater treatment system is installed; and 2) this approval in no way approves any of the variances that might be forthcoming for the new replacement wastewater treatment system; and BE IT FURTHER, RESOLVED, that the Town Board, as the Town's Local Board of Health, further 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 7fh day of November, 2022, by the following vote: AYES NOES ABSENT : CIO October 20, 2022 RE: Second extension request for septic system installation for Paul Derby at 25 Canterbury Drive To Supervisor John Strough, Queensbury Board of Health: This is a request for a second extension to install a septic system at 25 Canterbury Drive, Lake George (Queensbury), NY 12845 [tax map#289.17-1-20, owner Paul Derby]. After an inspection on May 20, 2022 by John O'Brien, Director of Building and Code Enforcement, it was determined that the existing 1000 gallon holding tank does not meet Town requirements. At that time, a six-month extension was granted by the Town Board of Health [June 13, BOH 55;2022]. However, due to the very busy schedule of the surveyor, the topographical survey needed for engineering a wastewater septic unit was not available until September 16. The survey has been provided to ONSITE Engineering. Subsequent to completion of that plan, I will need to come before the Queensbury Board of Health to request needed variances. As a result, the installation of a new and permitted wastewater treatment unit cannot be completed by the November deadline. I am requesting a one-year extension to November 15, 2023, to allow sufficient time to secure potential variances and find contractors to do the septic installation and.other additional work related to the project, which has been challenging. Please note there is no one living at the residence. Over the next year, the residence will be very minimally used, and it will not be rented. Thank you for your time and consideration on this matter. If you have questions or require additional information, please contact me at glernlakeca)roadrunner.com or 518- 761-7015. • .___,e.m lr� ectfully, �nn `' ' 7 OCT 2 0 2022 ; - pjl4. . i�r. t.. ... Paul Derby TU ���p� cz q } Li l_LJw.:' .... ATT:John O'Brien 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 r WHEREAS, the Town's Acting Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension to November 20'h, 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 201h, 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 13'h day of June,2022,by the following vote: AYES Mr. Freer, Ferone, Mr. Strough, Mr. Metivier NOES None ABSENT : Mr. McNulty