1.4 1.4
WASTE WATER\Extension of Time to Replace Septic System&Reinstate$2000 Deposit Per Property Transfer Law-Bernard-10-21-19
RESOLUTION GRANTING FRANK AND ERIN STEINBACH AN
EXTENSION OF TIME FOR SEPTIC SYSTEM REPLACEMENT AT
211 ASSEMBLY POINT ROAD AND REINSTATING ESCROW DEPOSIT
RESOLUTION NO.: ,2020
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 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 sale of certain real property, and
WHEREAS, Frank and Erin Steinbach (Applicants) previously applied for and received an
inspection exemption for their property located at 211 Assembly Point Road in the Town of
Queensbury (Tax Map No: 226.19-2-18) and following receipt of the exemption, received Local
Board of Health (BOH) approval (Resolution No.: BOH 39,2019) for certain variances from
provisions of the Town's On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement
wastewater system on their property and the Applicants delivered a $2,000 escrow deposit to the
Town, and
WHEREAS, Chapter 137 provides that such escrow deposit will be forfeited to the Town
in the event that completion of a substandard wastewater treatment system is not completed
within the time provided as established by Chapter 137, and
WHEREAS, by application dated January 20, 2020, the Applicants have advised that due
to winter weather conditions, their contractor has been unable to complete installation of the
replacement wastewater system and therefore, the Applicants have requested that the Town
Board grant them additional time to complete such installation and to extend the date on which
the $2,000 escrow deposit shall be automatically forfeited to the Town,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants Frank and Erin Steinbach additional time or until May 31 s', 2020 to
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 treatment system located
at 211 Assembly Point Road and to extend the date on which the $2,000 escrow deposit shall be
automatically forfeited to the Town until such date of May 31", 2020 as delineated in this
Resolution, and authorizes and directs the Town Supervisor, Director of Building and Codes
Enforcement and/or Town Budget Officer to and take any and all action necessary to effectuate
all terms of this Resolution.
Duly adopted this 271" day of January, 2020, by the following vote:
AYES
NOES
ABSENT :
v
RESOLUTION APPROVING FRANK AND ERIN STEINBACH'S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 39,2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
WHEREAS, Frank and Erin Steinbach (Applicants) filed an application for variances from
provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install
a replacement wastewater treatment system as follows:
1. Absorption field to be 70' from the well instead of the required 100' setback;
2. Absorption field to be 3' from the west property line instead of the required 10'
setback; and
3. Absorption field to be 3' from the south property line instead of the 10' required
setback;
on property located at 211 Assembly Point Road in the Town of Queensbury, 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
variance requests on Monday, October 21St, 2019, and
WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners
within 500 feet of the subject property,
NOW, THEREFORE, BE IT
RESOLVED,that
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i
1. due to the nature of the variances, the Local Board of Health determines that the
variances would not be materially detrimental to the purposes and objectives of this
Ordinance or other adjoining properties nor otherwise conflict with the purpose and
objectives of any Town plan or policy; and
2. the Local Board of Health finds that the granting of the variances is necessary for the
reasonable use of the land and is the minimum variances which would alleviate the
specific unnecessary hardship found by the Local Board of Health to affect the
Applicants; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Frank and
Erin Steinbach for variances from the Sewage Disposal Ordinance to install a replacement
wastewater treatment system as follows:
1. Absorption field to be 70' from the well instead of the required 100' setback;
2. Absorption field to be 3' from the west property line instead of the required 10'
setback; and
3. Absorption field to be 3' from the south property line instead of the 10' required
setback;
on property located at 211 Assembly Point Road in the Town of Queensbury and bearing Tax Map
No: 226.19-2-18, and
BE IT FURTHER,
RESOLVED, that a condition of this approval is that an audible and visual control panel
will be installed to notify the owner of a UV lamp failure, and
BE IT FURTHER,
2
RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by
certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review,and
BE IT FURTHER,
RESOLVED, that this approval Resolution shall not be effective until 30 days after such
notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack
Park Agency during such period.
Duly adopted this 2 1"day of October, 2019,by the following vote:
AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
3
ENVIRONMENTAL DESIGN
PARTNERSHIP LLP. 900 Route 146 Clifton Park,NY 12065
(P)518 371.7621 (F)518.371.9540 edpllp.com
January 20,2020
Town of Queensbury Board of Health
742 Bay Road
Queensbury, NY 12804
Attn: John Strough,Chairman
Re: Steinbach Wastewater—211 Assembly Point Road
Dear John:
In compliance with provisions of Queensbury Ordinance Chapter 137, Erin and Frank Steinbach
sought and received an `inspection exemption'for their property at 211 Assembly Point Road on
August 3, 2019. Following receipt of the exemption,the Steinbach's received approvals from the
Board of Health for variances associated with their proposed wastewater system on October 21,
2019 and a Septic Disposal System building permit from the Building Department in November 2019.
They have contracted with Crandall Excavating to install the system but due to the winter conditions
the system has not yet been completed.
The six-month timeframe granted in the exemption will expire February 3rd so at this time the
Steinbach's are requesting an extension of the exemption until May 31,2020.
Please note that as the Steinbachs are currently in Florida they have issued an attached letter
authorizing me to serve as their agent for this application. My understanding from discussions with
Dave Hatin is that this request can be administered at the upcoming Board meeting on January 27tn
Thank you for your consideration of this request.
Sincerely,
Dennis MacElroy, PE
Environmental Design Partnership
Attachment
Cc: Erin Steinbach
Dave Hatin
Chris Crandall
SEPTIC VARIANCE Office Use Only
Received:
APPLICATION Permit#:
'[(.M.n olQreen ry
Permit Fee:
742 Bay Road,Queensbury,NY 12804
Invoice#:
P:S18-761-8256 www.gueensbury.net
Approvals:
Submittal: 1 (one)original &8 copies of the completed application package
Property Owner's): Frank&Erin Steinbach Owner's Agent: Dennis MacElroy
Address: 211 Assembly Point Rd. Address: 900 Rt. 146
Lake George, NY 12845 Clifton Park, NY 12065
Phone#: 518 222-6031 Phone#: 518 376-4485
Site Address: 211 Assembly Point Rd. Tax ID#: 226.19-2-18
Directions to Site: Bay Rd. north to Rt.9L to Assembly Point Rd.
Distance from well on property to septic system (if applicable) NA feet
Is it possible to install a conforming septic system on this property? ❑ Yes N No
If YES, please explain and attach a diagram: Click or tap here to enter text.
Does the proposed system meet setback requirements for distance from wells&septic systems on neighboring
properties? ❑ Yes N No If NO, please explain: Neighboring well on property to the north will be closer
than 100'from the proposed absorption field
Is the proposed system to be installed under a parking area? ❑ Yes N No
Section of the Sanitary Sewage Ordinance from which you are seeking the variance (i.e. leaching system will be 89 ft.
from well in lieu of required 100 ft.):
The Owner/Applicant is seeking an extension to the inspection exemption granted in August of 2019. A new wastewater
system design has been approved by the Town of Queensbury Board of Health(October 21,2019) and the Building&
Codes Department(November 2019). The work has been contracted with Crandall Excavating but due to winter
weather conditions has yet to be completed. An extension is requested until May 31, 2020.
Septic Variance Application Revised February 2019
List the names, parcel addresses, and tax map numbers of all adjoining property owners. You may obtain tax
map numbers from the Assessor's Office as well as the names and addresses:
North Name The Carte Camp LLC
Address 631 Rt. 149 Lake George, NY 12845
Tax Map ID 226.19-2-19
South Name John Graziano,Jr
Address 230 Washington Ave. Ext. Albany, NY 12203
Tax Map ID 226.19-2-17
East Name Assembly Point Rd./Lake George
Address Click or tap here to. enter tex-,.
Tax Map ID Click or tap here to enter Le.•.:
West Name Rita Saunders and Others
Address 3101st.Ave Indialantic, FL 32903
Tax Map ID 226.19-2-36
OWNER STATEMENT
I/We do hereby relieve the Town of Queensbury from any liabilities on the plumbing and septic system located at: 211
Assembly Point Rd.
I/We realize that putting the leaching system less than the required 10 feet from the property line may increase the risk
of pollution.
Owner—Print Name: Francis or Erin Steinbach Date:
Owner—Signature: 1 /Adb Date: J—ZC�)—'QQ
NEIGHBOR OR TENANT RELEASE STATEMENT (if applicable)
I/We do hereby relieve the Town of Queensbury from any liabilities on the plumbing and septic system located at: 211
Assembly Point Rd.
I/We realize that putting the leaching system less than the required 10 feet from the property line may increase the risk
of pollution.
Neighbor/Tenant—Print Name: Date:
Neighbor/Tenant-Signature: Date:
Septic Variance Application Revised February 2019
AUTHORIZATION AND SIGNATURE PAGE
This page includes the Authorization to Act as Agent form, engineering fee disclosure, authorization for site
visits, other permit responsibilities and agreement to provide documentation required.
Complete the following if the OWNER is using an Agent:
Owner's Name: Frank& Erin Steinbach
Designates: Dennis MacElroy as agent regarding the Septic Variance for
Tax Map#: 226.19-2-18
OWNER'S SIGNATURE: 4 /�► Y-�,'i` DATE:
Engineering Fee Disclosure: Applications may be referred to the Town consulting engineer for review of septic
design, storm drainage, etc. as determined by the Town Board of Health. Fees for engineering review services
will be charged directly to the applicant.
Authorization for Site Visits: By signing this page and submitting the application materials attached herein,the
Owner,Applicant and his/her/their agent hereby authorize the Town Board of Health, building and code
Enforcement Officers and Town Engineer to enter the subject properties for the purpose of reviewing the
application submitted.
Please Note: Other permits may be required for construction or alteration activity subsequent to approval by
the Town Board of Health. It is the applicant's responsibility to obtain any additional permits.
Official Meeting Minutes Disclosure: It is the practice of the Town Board of Health to have a designated
stenographer tape record the proceedings of the meetings resulting from the application, and that the
minutes transcribed from those tapes constitute the official record of all proceedings. If there is a discrepancy
between such record and the handwritten minutes taken by the designated stenographer, the handwritten
minutes shall be deemed the official record.
I,the undersigned, have thoroughly read and understand the instructions for submission; agree to the
submission requirements and completed checklist:
OWNER—PRINT NAME: Frank/Erin Steinbach
OWN ER—SIG NATURE:1 efer.To Acr - c.h+Ez �t K DATE:September 28,2019
AGENT—PRINT NAME: Dennis MacElroy
AGENT—SIGNATU DATE: September 28, 2019
Septic Variance Application Revised February 2019
d
January 17, 2020
Town of Queensbury
742 Say Rd.
Queensbury, NY 12804
To Whom it May Concern.
Dennis MacElroy is authorized to serve as my agent regarding the application for an extension
of our existing wastewater system inspection exemption for 211 Assembly Point Rd,located in
the flown of Queensbury.
Sincerely,
A"C
Erin C.Steinbach
518-222-6031'
erinsteinbachrealtor@gmail.com
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