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WASTEWATER\\APPROVE OR DENY\\Waiver From Chapter 137-Property Transfer Law-Cholakis Deny-12-16-19
RESOLUTION DENYING EVANGELINE H. CASEY-CHOLAKIS AND
GEORGE T. CHOLAKIS’ APPLICATION FOR VARIANCE/WAIVER
FROM CHAPTER 137 “SEPTIC SYSTEMS” – SEPTIC INSPECTION
UPON PROPERTY TRANSFER
RESOLUTION NO.: ______________________________________________________, 2019
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 now 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 sale of certain real property, and
WHEREAS, by application dated 10/24/19, Evangeline H. Casey-Cholakis and George
T. Cholakis, Trustees, owners of property located at 1155 Pilot Knob Road, Queensbury and
identified as Tax Map No.: 227.14-1-21.1 (Property) directly on the shore of Lake George
(Applicants), advised that they acquired title to the Property in 2013 and for estate planning
purposes only, the George T. Cholakis Living Trust and the Evangeline H. Casey-Cholakis
Living Trust acquired title to the Property on June 21, 2019 and the Applicants were unaware of
the requirements established by Chapter 137, and
WHEREAS, the Applicants have requested a variance/waiver from the requirements of
Chapter 137, and
WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s
official newspaper and the Local Board of Health duly conducted a public hearing concerning the
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variance request on Monday, November 18, 2019, and
WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners
within 500 feet of the subject property, and
WHEREAS, the Town Board, in deciding to adopt Chapter 137, was very concerned with
the condition of the septic systems in the Town’s waterfront residential zone and with the impact of
septic systems near the Town’s lakes and waters that do not work properly, and
WHEREAS, there have been many studies and investigations of the condition of Lake
George waters and the need for properly working septic systems, and
WHEREAS, since the Town adopted Chapter 137, the Town’s Department of Building and
Codes Enforcement has inspected 43 septic systems pursuant to Chapter 137 and 25 of these septic
systems have failed to pass the required inspections, and
WHEREAS, the Town Board is concerned about the possible transfer of properties within
the waterfront residential zone without an inspection consistent with Chapter 137 to determine if the
septic system meets the provisions of Chapter 137, and
WHEREAS, the Town Board considered whether to exempt family transfers but did not do
so, and
WHERAS, while a trust may be called a “living trust” or a “grantor trust” and for many
purposes be considered similar to being owned by the grantor(s), it is a different entity, and it can be
amended at any time, and it can have provisions where title will pass effectively to others without
the need for a new deed, and
WHEREAS, the Town Board determined and determines again that it is an important policy
of the Town that upon the recording of any deed or other effective transfer of real property located
in its waterfront residential zone, that the requirements of Chapter 137, including the inspection
described therein, must be met, and
WHEREAS, this specific property includes a house located in the Town’s waterfront
residential zone and that house must have a septic system which meets the Chapter 137
requirements, wherever any or all portions of such septic system may be located, and
WHEREAS, the engineer’s report the applicant refers to from nearly four (4) years ago
describes a very different inspection from that detailed in Chapter 137 and, even if it were within
three (3) years, such inspection would not meet the requirements of Chapter 137,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board as the Town’s Local Board of Health
hereby denies the application of Evangeline H. Casey-Cholakis and George T. Cholakis as
Trustees of the George T. Cholakis Living Trust and the Evangeline H. Casey-Cholakis Living
Trust for a waiver from the provisions of Queensbury Town Code Chapter 137 regarding
property located at 1155 Pilot Knob Road, Queensbury and identified as Tax Map No.: 227.14-
1-21.1, and
BE IT FURTHER,
RESOLVED, that the Town Board adopts the above “WHEREAS” clauses as part of
their Resolutions hereunder, and
BE IT FURTHER,
RESOLVED, that the Town Board expressly confirms that Chapter 137 applies to any
transfer, including a transfer in trust, whether a “living trust” or “grantor of trust,” or another
trust, and
BE IT FURTHER,
RESOLVED, that the Town Board confirms that Chapter 137 applies to any transfer of
real property in the Town’s waterfront residential zone, even if part of the property including the
septic system is located in another municipality and also even if all or part of the septic system is
shared with other residences, and
BE IT FURTHER,
RESOLVED, that as it is currently December, the Town Board hereby grants the
applicant an extension until May 31, 2020 for the Applicants to meet the requirements of the
Town’s Chapter 137, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Clerk and/or Director of Building and Codes Enforcement to and take any and all action
necessary to effectuate the terms of this Resolution.
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Duly adopted this 16 day of December, 2019, by the following vote:
AYES :
NOES :
ABSENT :