BOH 089.2022 Granting Paul Derby Additional Extension - 25 Canterbury Drive RESOLUTION GRANTING PAUL DERBY ADDITIONAL EXTENSION
OF TIME TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON
PROPERTY LOCATED AT 25 CANTERBURY DRIVE
RESOLUTION NO.: BOH 89,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
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:
1) 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 Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT : None