BOH 091.2022 Granting William B. Wetherbee Trust Extension to Complete Wastewater System Alerations RESOLUTION GRANTING THE WILLIAM B. WETHERBEE TRUST
AN EXTENSION OF TIME TO COMPLETE WASTEWATER SYSTEM
ALTERATIONS ON PROPERTY LOCATED AT 51 MASON ROAD
RESOLUTION NO.: BOH 91,2022
INTRODUCED BY: Mr. Timothy McNulty
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 September 30, 2022, William Wetherbee on behalf of the
William B. Wetherbee Trust, (Applicant) advised that due to his septic contractor's schedule,
Applicant will be unable to arrange for completion of the upgrade of the existing septic system on
Applicant's property located at 51 Mason Road in the Town of Queensbury(Tax Map No.: 226.16-
1-19) by January 26, 2023 and therefore, Applicant has requested that the Town Board grant
additional time (at least six months) 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, and
WHEREAS, the Acting Director of Building and Codes Enforcement has recommended
Town Board approval of this requested extension to July 26, 2023,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants the William B. Wetherbee Trust additional time or until July 26,
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 upgrade of the existing septic system
located on property located at 51 Mason 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 26, 2023
as delineated in this Resolution, with the condition that the property shall not be utilized for rental
until and unless the new replacement wastewater treatment system is installed, 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 71h day of November, 2022, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES None
ABSENT : None