BOH 099.2022 Granting Extension of Time to Replace Septic System - Gilchrist - 2483 State Route 9L RESOLUTION GRANTING ROBERT AND LOUISE GILCHRIST
EXTENSION OF TIME TO COMPLETE REPLACEMENT
WASTEWATER SYSTEM ON PROPERTY LOCATED
AT 2483 STATE ROUTE 9L
RESOLUTION NO.: BOH 99,2022
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 November 29, 2022, Nicholas Zeglen, P.E., on behalf of
Robert and Louise Gilchrist (Applicants) advised that due to delays in obtaining the required APA
permit and difficulties in finding a contractor, Applicant is unable to arrange for installation of the
replacement wastewater system on Applicants' property located at 2483 State Route 9L in the
Town of Queensbury (Tax Map No.: 240.6-1-10) and therefore, Applicant has requested that the
Town Board grant additional time, until May 1st, 2023, to complete such work and extend the
date on which the $2,000 escrow deposit Applicants 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 May 1 ', 2023,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants Robert and Louise Gilchrist additional time or until May 1 ', 2023to
obtain a certificate of compliance from the Town's Building and Codes Enforcement Office as
set forth in Chapter 137 for installation of the replacement wastewater system located on
property at 2483 State Route 9L, Queensbury and to extend the date on which the $2,000 escrow
deposit shall be automatically forfeited to the Town until such date of May 1 ', 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 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 51h day of December, 2022, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES None
ABSENT : Mr. McNulty