BOH 034.2023 Granting David Barlow Additional Ext of Time Complete Installation of Holding Tank System 22 Ward Lane RESOLUTION GRANTING DAVID BARLOW ADDITIONAL
EXTENSION OF TIME TO COMPLETE INSTALLATION OF HOLDING
TANK SYSTEM ON PROPERTY LOCATED AT 22 WARD LANE
RESOLUTION NO.: BOH 34,2023
INTRODUCED BY: Mr. George Ferone
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, 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, and
WHEREAS, David Barlow (Applicant) previously advised the Town Board, as the Town's
Local Board of Health, that when the required property transfer septic inspection took place for
his property located at 22 Ward Lane (Tax Map No.: 240.6-1-6), it was found that the existing
wastewater system was deficient; however, the proposed new holding tank system was not able
to be completed within the required six (6) month time period due to the time of year and timing
of permitting, and
WHEREAS, Applicant therefore requested that the Town Board grant him additional
time to complete installation of the holding tank system and extend the date by which the $2,000
escrow deposit Applicant previously deposited with the Town be automatically forfeited to June
3rd 2023, and
WHEREAS, by Resolution No.: BOH 3,2023, the Town Board approved Applicant's
variance to allow installation of the holding tank system and authorized and granted Applicant the
requested additional time or until June 3rd, 2023 to complete such installation and obtain a
certificate of compliance from the Town's Building and Codes Enforcement Office, and
WHEREAS, by letter dated May 30, 2023, Hutchins Engineering, PLLC, agent for
Applicant, advised that they have had difficulty acquiring the sewage pump system required to
complete installation of the holding tank system and therefore has requested that the Town Board
grant Applicant additional time to complete such work and extend the date by which the $2,000
escrow deposit Applicant previously deposited with the Town be automatically forfeited to
September 1, 2023 and the 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 David Barlow additional time to obtain a certificate of compliance
from the Town's Building and Codes Enforcement Office to complete installation of the holding
tank system on his property located at 22 Ward Lane, Queensbury and extends the date by which
the $2,000 escrow deposit the Applicant previously deposited with the Town be automatically
forfeited until September 1 ', 2023 with the condition that the premises shall not be utilized for
rental purposes until and unless the holding tank system has been installed as confirmed by the
Director of Building and Codes Enforcement and authorizes and directs the Town Supervisor
and/or 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 June, 2023, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES None
ABSENT : None