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1982-08-10
170 TOWN BOARD MEETING AUGUST 10, 1982 TOWN BOARD MEMBERS Mrs. Frances Walter-Supervisor Mr. Daniel OZson-Councilman Dr. Charles Eisenhart-CounciZman Mr. Daniel Morre ZZ-CounciZman Mrs. Betty Monahan-CounciZman Mr. Joseph Brennan-Town Counsel PRESS: G.F. Post Star GUESTS: Mr. Henry Parry, Mr. Matthews, Mr. Kretz, Mr. Douglas Coons, Mr. Grego . Mr. Turnbull, Dr._Morrison, Mr. Daire, Mr. Zemanek League df omen Voters TOWN OFFICIALS: Mr. Lynn, Mr. Dean, Mr. VanDusen Pledge of Allegiance Zed by Councilman Olson Meeting Opened 7:40P.M. Queensbury Town Board Meeting as Queensbury Board of Health 7:42P.M. Notice Shown Variance of Henry 0. Parry of CLeverdaZe Road, Lake George, Town of Queensbury _ to install a spetic system at less than 100 feet setback from the Lake. Supervisor Walter- Asked if anyone was present to speak in regard to the variance request? Mr. Henry 0. Parry- Applicant- You all have before you the copies of the variance and the copies of the plans for the installation of the Wisconsin Mound System necessitated by the fact that we cannot meet the 100 ' restriction from the Lake Shore, we are asking for a variance to 83' dimension indicated. The shortest dimension of the Lot is only 102' from the Labe Shore, at the point indicated on the plan the 83' we would be approximately 110 ' from Lake Shore to the Road Side edge of Oe property,this is the reason for our request for a variance. Councilman Eisenhart- Steve, can you tell us if the Wisconsin Mound System would be adequate? Mr. Lynn- yes Councilman Olson- What is your situation presently, I assume you have a failing septic system? Mr. Henry 0. Parry- We have had for the last sixteen years a normal septic tank and Zeach bed and it has failed and we have tried to resurrect it so to speak without any success and we had to go for a new system, this is why we are applying for this variance. On recommendation of Mr. Lynn and Mr. Matthews who made these drawings we are applying for the Wisconsin Mound System. Councilman Olson- Do you live there year round? Mr. Henry 0. Parry- yes Councilman Monahan ' Mr. Parry what is the number of feet that seperate you and the new mound system from the Kretz property next door? Mr. Henry 0. Parry- approximately twentyfive feet. Councilman Monahan- where is their septic system? Mr. Carl Kretz-neighbor of Mr. Parry/s- I want to go on record as saying that I am One hundred percent in favor for the board to give permission to Mr. Parry to build this system as outlined. He has voluntarily agreed to build this so called Wisconsin Mound System in complete regulation, rules and regulations that have recently been adopted by the Town, which are very much stricter than anything else that has existed before. I would bring your attention to the fact that because they are bearly a hundred feet from the road to the Lake that he is simply asking to move the edge of the mound system from 1001 to the Lake to 83' to the Lakes in so doing he is still complying with all the rules and regulations for the square footage required to make the system funetionaZ. I want Pou to know that I, as an adjoining property owner would ask that you vote in favor of the variance. Noted that the systems are not togs than 75 ' apart. . . Mr. John Matthews-builder and designer of the system-I would Like to say that their 171 existing system as it stands right now is not functioning because the effluent has { no where to go. It is not running into the lake, right now it is not polluting the lake. The reason that it is not working is, that the old system was too deep in the ground, it is below the soils that would absorb water,it has no place to go and is backing up into the house. We have pZanud to .'. raise it up so it is within the limits of perculating soils, had it been a foot higher in the ground it probably would still be working, today. Councilman Olson- what you are sayings that you have a problem with the leach field and not the septic tank. Mr. John Matthews- It;wiZZ drain out of the septic tank into a pump chamber to be pumped into the mound. Mr. Fred AZexy-Mr. Parry's neighbor-I would like to add?my support,'-for this application he has no reasonable alternative. . . Mr. Jack SZopey-neighbor-I can in favor of this system. W. Lynn- the old system,as it exists wouZd be even more non-conforming than the new system would be. Supervisor.-NaZter-asked for further comments, _hearing none the public hearing was closed at 7:53 P.M. TOWN BOARD RECONVENED Public Hearing Mobile Home Application of Mr. Douglas Coons of 1 Holman Ave. to locate a mobile home on Moon Hill Road - Mr. Coons will purchase property- Notice Shown- 7:53 P.M. Mr. Douglas Coons- I can trying to get myself established, I would like to build my own home, by purchasing my own mobile home I will sage %-self One hundred Dollars a month to go toward building the house. . . Councilman Olson- you will place the new mobiZe*me in the same location as that of the present mobile home? Mr. Douglas Coons-yes 3 Councilman Eisenhart- who owns the mobile home that it thererow? Mr. Douglas Coons Mrs. Linda Hammond Supervisor Walter- asked if anyone else wished to speak in regard to the mobile home application, hearing none the public hearing was closed. 7:56 P.M. RESOLUTIONS i RESOLUTION TO APPROVE MINUTES RRRO N..J:r4r Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED, that the Town Board Minutes o f.JuZy 27, 1982 be and hereb y are. roved. aPP DuZy adopted by the foZZowing vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO TRANSFER FUNDS RRMr,UZ= Q 909` Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mr. Daniel Morre Z Z: RESOLVED, to transfer $1,012.40 from A1990.4 Contingent to A1420.441. Duty adopted by the following voter Ayes: Mr. Olson, Dr. Eisenhart, 1&. Morrell, Mrs. Monahan, Mrs. WaZter Noes: None Absent: None _r 172 RESOLUTION TO SCHEDULE PUBLIC HEARING CONCERNING POSSIBLE ADOPTION OF LOCAL LAW FOR ADMINISTRATION AND ENFORCEMENT OF THE STATE FIRE PREVENTION CODE, SOL NCR- Introduced by Dr. Charles Eisenhart who moved for its adopting, seeon ed by Mrs. Betty Monahan: WHEREAS, Article 18-A of the Executive Law authorizes the adoption by the Town of Queensbury of a Local Law providing for the administration and enforcement of the State Fire Prevention Code, and WHEREAS, the Fire Study Committee of the Town of Queensbury has recommended the adoption of such a Local Law for the administration and enforcement of the State Fire Prevention Code in the Town of Queensbury and the repeal in its entirety of the present Ordinance No. 40 of the Town of Queensbury entitled "Ordinance f adopting a Fire Prevention Code, establishing the position of Fire Code Enforcement Officer and defining his power and duties. ", and WHEREAS, such a proposed local law, a copy of which is hereto annexed, has been prepared and presented for consideration by the Town Board of the Town of Queensbury, and WHEREAS, a public hearing is mandated by Law prior to consideration for adoption of the proposed Local Law by the Town Board of the Town of Queensbury and the repeal of Ordinance No. 40 of the Town of Queensbury, and WHEREAS, the proposed Local Law is worthy of consideration for legislative action as is the repeal of Ordinance No. 40 of the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that a public hearing be held concerning the proposed adoption of a local Law for the administration and enforcement of the State Fire Prevention Code, in the form annexed hereto and the repeal of Ordinance No. 40 of the Town of Queensbury, and that said public hearing be held at 7:30 P.M. in the meeting room of the Town of Queensbury Office Building, Bay & Haviland Roads, on August 24th, 1982, and the Town Clerk be directed and authorized to publish and provide notice of said public hearing as required by i haw. I Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Discussion- Supervisor Walter- We have been mandated by the State of New York to adopt a Fire Prevention Code, as of 1984 if we had not adopted one�we would than be under that particular prevention code anywaj. The Board has been studying this for over a year— we have met. wi.th the Fire Study Committee and had some meetings, our counsel has drawn up a ZoeaZ Law and the purpose of this resolution is to hold a public hearing so we can have comments from the public relative to the fire dude. This piice of legislation will be the administration and the duties of the code enforcement officer, that is what the public hearing will be held for. Councilman Eisenhart-requested that any interested personsare urged to Look at the firs prevention code. .. . RESOLUTION TO AMEND ZONING ORDINANCE QIU j Nn- R7 Introduced by Dr. Charles Eisenhart who moved for its adoption, seeon ed by W. Daniel Olson: WHEREAS, certain areas of the Town of Queensbury in the vicinity, of Quaker Road and Bay Road are presently included within a zoning classification of UR-5 and' Lj WHEREAS, certain other areas of the Town of Queensbury in the Sunset Park area are presently included in a zoning classification of UR-10, and WHEREAS, the Town of Queensbury Planning Board has recommended to the Town Board the rezoning of certain premises in the vicinity of Quaker Road and Bay Road from the present zoning classification of UR-5 to a new classification of HC-15, and WHEREAS, the Town of Queensbury Planning Board has further recommended to the Town Board the rezoning of certain premises in the Sunset Park area from the present zoning classification of UR-10 to a new classification of LI-IA, and 175 come up Bay Road approaching the Co Uege, approaching the Town Office Building, some of this is farm land, country land, it is beautiful land. I strongly believe that by not touching the area on the west side of Bay Road leaving it the way it presently is zoned would make a good natural buffer or a buffer in businesses and reduce down in size and the intent of the businesses as we approach out here in the country area. Councilman Monahan- I concur with Mr. Olson sentiments. Councilman Eisenhart- I disagree I Supervisor WaZter- I would also disagree, as rZooking at good planning I think that the area is presentZy highway commercial and it would only be, the zone would only be reflecting what the area is. I feel that by not rezoning that area that we by the very nature of Bay Road and the fact that the College is there, there has been new housing introduced at the College, special needs are going to arise from that fact and we would be looking at businesses. The other couneilpeople are worried about the area and the neighborhood of the road being rura4 I think we are going to find businesses running up and down the road under a variance in the next ten yea2S I raalZy do not think that, that is good planning. . Councilman Morrell- I will vote for this resolution but I have some reservations because if we can't build'' building over forty feet high and we restrict the area where we have commercial estab Ushments� there isn't going to be a place, businesess to go. I hate to see progress but sometimes we have to do it that way. Councilman Eisenhart- It might be pointed out to the public that the college does not build housing for students. . . the housing that is going in there is private enterprise. . . Councilman Monahan- I might point out that while we do have commercial uses along Bay Road now they are not all of them permitted uses, that would be allowed under the new Highway Commercial zones, I think some of these new uses would be very detrimental to thatr;area. When we started this planning we said we did not want any more strip zoning and what this isjif we rezone those,wouZd be strip zoning. I would like to ask Mr. Gregory something, what is the maximum height that our Fire trucks in the Town of Queensbury can reach now? Mr. Gregory- with the new ladder truck it would be 75' right now it is 40 . . . RESOLUTION TO ESTABLISH FEE RESOLtrrrnN Nn_ PRR_ Introduced by Mrs. Frances Walter who moved for its adoption, seconded by Dr. CharZes Eisenhart: WHEREAS, Section 5.030 of the Queensbury Sanitary Sewage Disposal Ordinance authorizes the Town Board of the Town of Queensbury to establish fees to be charged in connection with applications for the issuance of permits or for actions by officers or boards of the Town of Queensbu-T thereunder, and WHEREAS, the establishment of a proposed new fee in the sum of $25.00 to be charged in connection with an application to .bhe Tam Board acting as a Local Board of Health for a variance from the terms and provisions of the Sanitary Sewage Disposal Ordinance has been recommended to the Town Board for consideration, and WHEREAS, it appears to be appropriate to establish the proposed new fee as authorized by the aforesaid ordinance, NOW, THEREFORE BE IT RESOLVED, that a fee in the amount of $25.00 be established for an application to the Town Board aeting .as a Local Board of Health for a variance from the terms and provisions of the Town of Queensbury Sanitary Sewage Disposal Ordinance, and be it further RESOLVED, that the foregoing fee be added to the official Schedule of Fees of the j Town of Queensbury. DuZy adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter . Nees: None Absent: None TOWN BOARD AS BOARD OF HEALTH 11F.qQ Tn-trodueed"byW!lc `Olson y' who moved for its adoption, seconded F by lh.°Egenhai� ti 176 RESOLVED, that the Town Board of the Town of Queensbury reconvenes as the Queensbury Board of Health. Duty adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO APPROVE VARIANCE Introduced b y Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: f WHEREAS, the Local Board of Health of the Town of Queensbury has reviewed the request for a Variance to Article 3 Section 3.030B of the Sanitary Sewage Disposal Ordinance requested by Henry 0. Parry ASD WHEREAS , there are special circumstances or conditions of which the strict application of the provisions of this Ordinance would deprive the applicant of reasonable use of such land and WHEREAS`, the variance would not be materially detrimental to the purposes or objectives of this Ordinance, or to other adjoining properties or otherwise conflict with the purpose or objectives o an plan or policy o the Town and 0 f I, f p� f any p � WREREAS-3 the granting of the variance is necessary for the reasonable use of the land and that the variance is the minimum variance which would alleviate the specific unnecessary hardship found by the local Board of Health to affect the applicant,�N4W' THEREFORE BE IT RESOLVED, that there will be no special conditions set forth by this board and be it further RESOLVED, pursuant to the above findings the local Board of Health has approved the variance application. I Duty adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None QUEENSBURY TOWN BOARD RESOLUTION TO RECONVENE LL T��I,�O. no Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mr. Daniel Olson: RE SO VED that the Tow n B oa r d o f the Town o f Queensbury hereby reconvenes.nes Duty adopted by the following voter Ayes: _Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None t Absent: None RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO, 290. Introduced by Mrs. Betty Monahan, who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, Mr. Douglas Earl Coons has made application in accordance with_paragraph 2 (c) Section 4, of an ordinance of the Town of Queensbury entitled; ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home at property situated at Moon Hill Road, and 173 WHEREAS, upon said recommendation of the Town of Queensbury Planning Board, the recommended changes in zoning classification set forth above were referred to the Warren County PZanning Board rf6r recommendations concerning the said proposed zoning ra assifications, and WHEREAS, the Warren County Planning Board has concurred in the recommendation of the Town of Queensbury Planning Board and has recommended the rezoning to the new classifica- tions set forth above, and WHEREAS, the Warren County Planning Board and the Town of Queensbury Planning Board have further recommended to the Town Board an amendment to Article A for Section 4.020-m of the Queensbury Zoning Ordinance to allow fire houses as a permitted use in a Light Industrial 1 Acre (LI-IA) zone, and WHEREAS, Joseph R. Brennan, Counsel to the Town Board, has recommended the amendment of Section 12.030 of the Ordinance to change the limitations period within which to commence proceedings pursuant to Article 78 of the Civil Practice Law and Rules from the present sixty (60) day period to a period of thirty (30) days to bring the same into compliance with the requirements of the Town Law, and WHEREAS, the aforesaid recommendations were and are worthy of consideration, and WHEREAS, pursuant to a resolution duly adopted by the Town Board, a public hearing was held before the Town Board on August 3, 1982, to consider the aforesaid recommendations, and WHEREAS, at said public hearing all persons wishing to be heard concerning these matters were duly heard by the Town Boaxid, and r WHEREAS, notice of said public hearing was provided in accordance with law, NOW, THEREFORE BE IT RESOLVED, that the Town of Queenebury Zoning Ordinance be amended by 'rezoning that area in the vicinity of Quaker and Bay Roads as is particularly described in Exhibit "A" annexed hereto, from the present zoning classification of UR-5 to a classification of HC-15, and be it further RESOLVED, that the Town of Queensbury Zoning Ordinance be amended by rezoning those premises in the Sunset Park Area as more particularly described in Exhibit "B" annexed hereto, from the zoning classification of UR-10 to a new classification of LI-1A, and be it further RESOLVED, that Article Four, Section 4.020-m of the Town of Queensbury Zoning Ordinance be amended to allow fire houses as a permitted use in a Light Industrial 1 Acre (LI-1A) zone, and be it further RESOLVED, that Section 12.030 of the Queensbury Zoning Ordinance be amended to provide a limitations period of thirty (30) days for review pursuant to Article 78 of the Civil Practice Law and Rules and be it further RESOLVED, that the Town Clerk be directed to cause notice of these amendments to be published as required by Town Law Section 264 and to take all other action necessary under law to cause said amendments to become effective in accordance with the provisions of Town Law Section 264, and be it further RESOLVED, that the Zoning Map of the Town of Queensbury be amended to show the rezoning of the above-described premises and that the Zoning Map, as amended, be filed and maintained in the Office of the Town Clerk as required by law. Duly adopted by the following votes Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None EXHIBIT A. BEGINNING at a point in the centerline of Cronin Road, which point is 500 feet easterly of the center line of Bay Road; thence easterly in the center of Cronin Road to a point thereon intersected by the projection northerly of the easterly bounds of premises conveyed by Mary A. Cronin,to Glens Falls Lodge Number 81, B.P.O.E. by deed dated September 13, 1976 and recorded in Book 599 of Deeds at page 986; thence southerly to the northeasterly corner thereof and continuing the same course on the easterly bounds thereof to a >point in the northerl ounds of premises conveyed *. 1?4 by Mary A. Cronin to Quaker Village Development Corporation by deed dated December 28, 1977 and recorded in Book 610 of Deeds at page 1013; thence easterly along the northerly bounds thereof to the center of HaZ,Iuay Brook; thence running in a generally southwesterly diredtion in the center of said brook, as the same winds and turns, to a point therein at an angle point in the easterly bounds of premises conveyed by Albert J. Leombruno to Stephen K. and Dorothy zemanek by deed dated Agusut 13, 1964 and recorded in Book 444 of Deeds at page 558; thence southerly along a portion of the easterly bounds thereof and being also along the westerly bounds of a strip of Land about twelve feet in width now or formerly owned by Niagara Mohawk Power Corporation , and continuing the same course to the centerZine of Quaker Road; thence westerly along the centerline of Quaker Road to a point where said Line intersects with the southerZy. coniinuation of the easterly bounds of the lands now or formerly owned by Quaker Electric Supply Co. Inc. and described in a deed recorded in Book 605 of Deeds at page 151; thence northerly through the Lands now or,formerly owned by Quaker Village Development Corp. on a Line which is an extension southerly of the f easterly bounds of said Quaker Electric Supply Co. Inc. to the southeast corner k of the lands of said Quaker Electric Supply Co. Inc.;thence continuing northerly on the same course and along the easterly bounds of the Lands of said Quaker Electric Supply Co. Inc. to the` northeasterZy corner thereof; thence continuing north on the same course through the Lands now or formerly owned by Willard J. Shanahan and Glenna R. Shanahan to the centerline of Cronin Road at the point or F place of beginning. EXHIBIT B. Rewording of the description of a portion of UR-10 Zone in Sunset Park Area. . .Running thence easterly along Sherman Avenue 175 feet to the intersection of the same with the centerZine of Veterans Road; thence woutherZy in the center of Veterans Road to a point therein at the intersection of the same with the extension westerly of the southerly bounds of Lands of Niagara Mohawk Power Corporation and the northerly bounds ( of Lands of Rocco Denino and others; thence easterly to the southwesterly corner of the said Lands of Niagara Mohawk Power Corporation and the northwesterly corner of the said lands of Denio, and continuing the same course easterly to the tester of Alta Avenue; thence southerly in the center of Alta Avenue to the intersection of the same with the center of Columbia Street; thence easterly in the center of Columbia Street to a point therein intersected by the extension northerly of the course of the easterly bounds of Lands of Paul and Margery Hayes; thence southerly to the northeasterly corner of the, ._, said lands of Hayes and continuing the same course along the easterly bounds of the said Lands of Hayes to the northwesterly corner of the Lands of Floyd and Margaret Barnes; thence southerly along the westerly bounds of the said Lands of Barnes and being also along the westerly bounds of lands of Peter and Nancy Leonbruno and the easterly bounds of Lands of Candda Dry Bottling Co. and continuing the same course to the center of Luzerne Road; thence westerly in the center of Luzerne Road. . . . . . I� Discussion Supervisor Walter- Exhibit "All will describe the Lands to the east of Bay Road. Exhibit "B" will describe the lands at Sunset Park. As a further expZ f.�6nt to those of you that are here this evening who attended the public hearing Zast week, what the Town Board has chosen to do is to rezone the area to the east of Bay Road�to go along with the changes that were Listed in the paper on the public hearing relative to West rZens Falls to go along with the changes of thirty days on the article 78 proceedings and to allow fire houses in the LI zone. What we have done then is to take out of the description lands that Lie to the west of the Bay Road. Does the Board understand that,that is what the resolution is tonight? We will be acting to rezone the Land east of the Bay-Road from j UR-5 to HC and the Land in the West Glens Falls Area to a light industrial use and we are not rezoning the area that is currently UR-5 on the west side of Bay Road. There will be a vote of the Town Board and that is what they will be voting on. Councilman Olson- the only question I had was in the Sunset Park area of West Glens FaYs . . . I hope the Planning Board and the Town Board would consider sometime to extend the Line to Western Avenue. . . 1 e Supervisor Walter- the Town Board has a letter from the Planning Board where they did address the area of rezoning on. ..I think for the mecord we should mention - in our discussion of this resolution that the Planning Board after the public hearing Last week met again at their regular meeting and discussed this area in question. The Planning Board has written a memo to the Town Board indicating that they would Like to staid with their original recommendation that is to zone or rezone both sides of that road. That is not what we are presenting here tonight in the resolution. Councilman Olson- I could support this resolution it would deal only with the east side of Bay Road. I feel strongly that the present'':' businesses that have been built through variances on the west side of Bay Road lend something desirable to the area. I think it is an excellent buffer zoneja built in buffer zone between the commercial area,;:the traffic we see along Quaker Road, Route 4 or any other major road where there is heavy ommercial business. We had people in the audience Last week at the public y p p hearing that had good argue .tt -and some of their comments were that the area as you 177 I WHEREAS, this town board has conducted a public hearing in connection with said application and has heard all persons desiring to be heard in favor of or .against said application, and WHEREAS, it is hereby determined that the facts presented in said application and at said puZEc hearing are sufficient to authorize the issuance of the permit requested by said application, NOW, THEREFORE BE IT RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given to Mr. Douglas Earl Coons to locate a mobile home at property situated at Moon Hill Road and that the Bt6Zding Inspector is hereby authorized and directed ! to issue such permit in accordance with the terms and conditions of said ordinance. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None COMMUNICATIONS Ltrs. New York State Comptroller's Office 1. filed Big Bay-Big Boom Water Dist. with the Warren County Board of Supervisors 2. 'preliminary review of the application requested that the Town file a certificate in relation to the permissive referendum as required by Town Law, Section 209-e (4). (letters on file) Mobile Home AppZieation-John Winslow and Linda Winslow of Luzerne Road to locate a mobile home on the corner of Corinth and Indiana Avenues- owner of property Judith Barrett Councilman Eisenhart- the last two tenants did have mobile homes on this property? Mr. WinsZow-yes Councilman Eisenhart-were they granted by permit from the Board? Mr. WinsZow-I know the last one was. RESOLUTION TO AUTHORIZE PUBLIC HEARING z&7Q""rPTnN Nn �g� Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, John A. Winslow and Linda E. Winslow have made application in accordance with paragraph 2 (c) Section 4, of an ordinance of the Town of oueensbuzy entitled ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home outside at property situated at the corner of Corinth Road and Indiana Avenue, and WHEREAS, it is hereby determined that said application compZies with the requirements of said ordinance, and WHEREAS, it is hereby determined that the facts presented in said application are sufficient to justify further consideration by this board, therefore be it RESOLVED that pursuant to the provisions of the above mentioned ordinance, the Town Board shaZZ conduct a public hearing on said application on August 24th 1982 at 7:30 P.M. in the Queensbury Town-Office Building, Bay Road, and that the Town Clerk is hereby authorized and directed to give proper notice of said public { hearing in accordance with the provisions of said ordinance. DuZy adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Mobile Home Application-Faith Bible Church of P.O.Box 955 to locate a mobile home on the end of Ogden Street Rev. Storms present. .. Councilman Olson- The church will own the mobile home? 178 Reverand Storms- no. . . .vandalism of our property necessitates a resident watchman, we can not afford to build a house for him but we could move his traitor on the church ground. . .Watchman Mr. Rod Warrington. . . listed the type of vandalism that occurred on this property. . . Town Counsel- the application should be in Mr. _k rrington's N€me RESOLUTJW TO AUTHORIZE PUBLIC HEARING RF.SnT,T7T TAN Nn- 292- Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Dr. Charles Eisenhart: WHEREAS, Mr. Rod Warrington has made application in accordance with paragraph 2Ccl Section 43 of an ordinance of the Town of Queensbury entitled ORDINANCE FOR THE REGULATION OF MOBILE HOPES AND MOBILE HOME COURTS TN THE TOWN OF QUEEN5BURY., WARREN COUNTY, NEW YORK, to Locate a mobile home outside at property situated at end of Ogden Street, and WHEREAS, it is hereby determined that said application compZies with the requirements ,,, of said ordinance, and k WHEREAS, it is hereby determined that the facts presented in said application are sufficient to justify further consideration by this board, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, the town board shaZZ conduct a public hearing on said application on August 24th 1982 at 7:30 P.M. at the Queensbury Town Office Buitding3 Bay Road and that the Town Clerk is hereby authorized and directed to give proper notice of sad public hearing in accordance with the provisions of said ordinance. j Duty adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None F REPORTS i the following reports were placed on fiZe-Town Clerk month of July 1982 and Building & Zoning report July 1982 OPEN FORUM Mr. Joseph Daire- thanked Mr. Naylor and his men for the fine job they have done on the roads in South Queensbury. . . Glen Gregory-President of West Glens Falls Fire Dept.-presented the Town Board,ivith pictures of the West Glens Falls VoZ. Fire Co. aquipArant. . . noted that the fire company have had numerous fires on Burch Road requested that a fire lane be cut from the hydrant on Michael's Drive through to Burch approximately 250 ' . .noted that this would save time. . . jCounciZman Morrell- is that private property? Mr. Gregory- I believe it belongs to Barry Converse. . . i Councilman CL-on - suggested that Mr. Gregory and Mr. Naylor Zook over the situation and determine ownership of the property in question Unknown- Assembly Point- asked for state on AssempZy Point-Knox Road- Town Counsel- noted that he has spoken with Mr. Kn x's attorney, more information is forthcoming and the town should have an answer y the next town board meeting. . . Mr. Joseph Daire- asked that more publicity be placed out when the new lights are installed at Quaker And Dix. . .alsonnoted a dangero*s area of Highland and Quaker. . . Dr. Morrison-Clifton Park-I would like to ask a co wple questions about ui;a happerrd earlier. . .You had the right to seperate the parceli ? Supervisor WaZter-yes Dr. Morrison-has there also something going on with 20% of the residents Councilman Eisenhart- owners of twenty percent of the Land Dr. Morrison-- that changed the vote to four fift48 179 Supervisor Walter-If the entire parcel was to be rezoned, that was originally advertised there was strong indication that we would have had, to have had four fifths of the board, but I do not honestly think that, that hnfered into what happened. The Board determined that they would put up a resolution with only that acreage that was to the east of Bay Road. Dr. Morrison-right, we excluded three parcels, you excluded the,*. I'know the Board holds a closed session and Supervisor Walter- no Dr. Morrison- well, it must have made that decision some time Supervisor Walter- Well, the Board went out, took a Zook at it and when I asked this evening what we were going to go with has.>far as resolutions were 'concerned we had: counsel draw up the descriptions. It was the consensus of the Board to have a resolution leaving that side of the road out. Dr. Morrison- So, that was not a closed session? Supervisor Walter- we were doing that when I was running over to the Town Clerk with pieces of paper etc. Dr. Morrison- was that a vote Supervisor Walter- no, it was a consensus It was my feeling that if the parcels were not broken out we would have had no rezoning at all. Dr. Morrison-ok, because? Supervisor WaZter-In my conversations with various members of the Board they made it very clear as to how they felt about it. There was never any vote taken. Dr. Morrison- I am curious as to how strongly in terms of the board felt against what I can going to call my parcel, . . . the only change there would be, would be my section to get a resolution back to the Board, how wound I have the Board vote again? Supervisor Walter- I do not really know what you are driving at? �--- Dr. Morrison- I would like to see, would be curious to see what would have happened if the Board had actually voted on that section. Supervisor WaZter-That is why I asked for comments when I made an explaj.?W6n1 before we had a resolution to vote on, I made sure the Board knew exactly w3,h they were voting on, nobody seemed to want to disagree with me at that time. I had given the two exhibits to the Town Clerk. In discussion I think that I asked every member of the Board to make some kind of a comment. . Dr. Morrison- two out of the five people, I am not sure was it three, felt that the east side should be possibly rezoned? Supervisor Walter- It seemed to me in my converations it was four to one. Dr. Morrison- you were kind of feeling Supervisor Walter- I very cfelt that the whole area should be rezoned highway commercial to re Pct what it was. Dr. Morrison- and the Dr. said, I was not sure? Supervisor Walter he also agreed with me ' Dr. Morrison- I was not sure how you felt sir? Mr. Daniel Morrell- I was tentatively n agreement with the planning board on thht - y gr p 9 there is a variance procedure by which you can. . . Dr. Morrison-again, we were talking in terms of last night and the zoning issue rather than the variance issue was my concern tonight, I felt kind of like they did, it was, and the Town Board did, it was commercial, I am just trying to get an idea basically had it nbt been in the twenty percent issue, you might have taken the whole thing to a vote? Supervisor WaZter- I do not think so, because the indication I got from home of the Board Members, isn't exactly what you heard here tonight. 180 Dr. Morrison- My only comment would be that I feeZ, badZy, it seems to me, I just want it on the record, that it does seem to me an Obvious commercial zone if you drive through there, especially in the evening wit some of the Zarge neon signs that are there, it is nice to have a buffer zone in the area appears nicely farm Zand and nicely Zandscaped and I do not think whenlyou are talking that smraU an area that is already commercial.,that you are going', to irreparable damage to the community by talking about this. It does seem to me politics and pressure in terms of not, not in terms of not, do not take me wrong ,II do not mean politics personally I mean just by people because of per onal? gain getting out impedus to help change other peoples opinion is really whgt caused this thing to go the other way. I very honestly feel that if we had, had a sportinggpods store who was about to lease that property]Mr. Hart would not have spent that money to motivate the people to get up the twenty percents and it would have taken thirtyseconds. Counci:tz=-Monahan- Dr. Morrison, I have got to disagree with you. In the first f place if you think the people who were against thus has anything to do with your own persZL, use of the building on your application, no. If you Zook at the uses:_ that are permitted on Highway Commercial, they arelmueh different uses then there are there aZready, and uses that I personally feeZlthat would be detz"entaZ to the area even would be detr-*nentaZ to the use you wantl, to put to your building. The other uses that are permitted] if you Zook at the new sc6duZe, on what is permitted under Highway Commercial, I feel that many of those do not belong in that particular area. It is commercial yes but the uses, the particular uses allowed in a Highway. ConrnerciaZ are much different then the uses that are fere now, With a resttur.ant would you Me ff r y an automobile sates and service next door to you? i Dr. M r son- tk Ski Doo b�sigess dg not seem mu dzd'f rent om to iZ ;,sales . . .boffy iiazn fe ing agazns �. was xt you were Rx raz dose ee s �go-&ng as one)and hav6ng an effect on the whole area? Councilman Olson-You have to Zook at the future. j Dr. Morrison- It would have to be someone big enough to buy aZZ three pieces of property. I Councilman Monahan- not really w Dr. Morrison- It is really not big enough to put anything major other than what is on them. Councilman Monahan- I think maybe what the problem is, that I think we need two highway commercials zones one.>more restrictive than the other. If there were a more restrictive zones I would not mind. Dr. Morrison, you would not be opposed to the restaurant usage? Councilman Monahan- no Supervisor Walter- I do not think any member of this board was opposed to the restruuant usage. . . Dr. Morrison with,:some of the usage that is allowed with the commercial zoning that are there. . . Councilman Monahan- two highway commercial zones, one more restrictive tha-A the '-other as we do in the industrial zone, then it would hav made a difference. ` 'I 4 Dr. Morrison- heavy commercial vs. . . .so it was not the idea of a restaurant. I Supervisor Walter- absolutely not. . . Dr. Morrison- it was the possible alternatives. . . Councilman Monahan- once;!you opened this up to highway commercial. . . Councilman Morrell- the variance procedure allows ou to do what you want. .. Dr. Morrison- and it keeps a control for you. . . Councilman Olson- . . .was permitted to build there by a variance(.,. . . Dr. Morrison- 'I realize that, I was just curious t get the feelings of the Board. . . Councilman Monahan-It defin,�,teZy was not for the e that you were going to do, as far as I am concerned. . . . i 181 Supervisor Walter-Some of the members of this Board were very happy with what was there right now, the interesting part of that is, to do what is there right now on. the lots that are currently vacant those people will hat, to apply for a variance, because it was not rezoned, it is really a strange predicdvnbrit. Dr. Morrison- Thank you very much. . . Mrs. Tessino- asked the Board to rename her road, presently Glen Road, too confusing. . . (petition was presented to highway dept. for name change) Supervisor Welter- how many residences are on that road? Mrs. Tessino- four. .. Supervisor Walter- how long is the road ? Mrs. Tessino- four house lots. . . Supervisor W&Iter- is that a Town road? Mr. Naylor- I can not sure. .. Mrs. Tessino- I have checked into that, it is a Town Road. . . The Town Board requested that W. Naylor lookiinto the situation and report to the Town Board. . . Supervisor Walter- we will see shat we can do and come up with a name that is n6t already in use in the Town of Queensbury. Mr. Turnbull- spoke to the Town re-garding the activities of the Senior Citizens. . trip this month to the Garnet manes and also the upcoming annual picnic, inviting the Town board Members to attend. . .August 27th 1982 Elks Club. . . Supervisor Walter- asked for further comments, hearing none the open forum was closed. . . RESOLUTION TO APPROVE AUDIT OF BILLS „RESOL on NO, 2g3. .Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded y Mr. DanteZ &rreZl: RESOLVED, that Audit of Bills as listed on Abstract No. 82-8 and numbered 1303 through 1490 and totaling $253,821. 79 be °.and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, W. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None -Ltr. Warren County Social Services regarding a repair of a septic system for a residence on Cottage Hill, Mrs. Rosengren. . .asked if the funds fov repair could come from community development funds. . .Supervisor Walter noted that the house is not in the target area. . .it was the consensus of the Town Board that due to the fact that the property was not in the Community DeveZopmeht target areas funds could nrSt be used. . . -Mr. Stephen Lynn presented that Town Board with a request from the Planning Board to amend the Queensbury Zoning Ordinance (no where in the ordinance does it state that bz�finesavffices are permitted in the Town of Queensbury) . .the ordinance to be amended as follows: 1. Article 4. Section 4.020-m the light industry LI-IA adding to permitted uses, Office Buildings. 2. Article 4. Section 4.020-h Plaza Commercial (PC-1A) add to permitted uses Office Buildings. 3. Article 4. Section 4.020-i Highway Commercial (HC-15, HC-1A) add to permitted uses Office Building, Type 2 Site Plan Review add Office Buildings over Five Units or over Two Buildings. RESOLUTION TO SET PUBLIC HEARING ON ZONING ORDINANCE AMENDMENTS RESQLLY,Xj NO, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by M2& Betty Monahan: 182 (resolution forthcoming from Town Counsel to be found on page I0,71. .1 Discussion held in regard to the Town property on Zen Lakk. . .Mr. Zerwnek;: suggested that guide post be pZacd so that people cannot blo k access to the Lake—then it would be only accessable by foot. . Mr. Zemane7 noted that his association would like to burg,. the property—after discussion the Board felt the property should be left so that all the people could use it. . .and �ot be made private. . .Supervisor Walter noted that the Board is still reviewing their options and have not yet made a decision in regard to this property. . . On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase, Town Clerk RESOLUTION TO ADOPT ON - SITE SEWAGE DISPOSAL ORDNANCE LESOLUTION NO. 221. Introduced by Dr. Charles Eis�nhart who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, a proposed sewage disposal ordinance knou n as the- "Town of Queensbury On - Site Sewage Disposal Ordinance" has been prepared and presented to the Town Board, a copy of which proposed ordinance is annexed hereto, and WHEREAS, the Town of Queensbury Planning Board hag recommended the adoption of said proposed On-Site Sewage Disposal Ordinance, and WHEREAS, a public hearing concerning the possib Zellladoption of the proposed ordinance, as required by law, was scheduled pursuant to resolution adopted by the Town Board, and WHEREAS, said public hearing was held at which aZ persons interested in the subject of the possible adoption of :said ordinance were uZy heard, and WHEREAS, the enactment of the proposed ordinance s authorized by Article 16 of the Town Law, Article 3 of the Public Health Law and ArticZ 27 of the Executive Law of the State of New York, and WHEREAS, upon due consideration of all information received by the Town Board J including the comments of all persons addressing the subject of the proposed, adoption of said ordinance at said public hearing, it appears that the health, safety and welfare of the Town of Queensbury will be promoted by insuring through the location, construction and use of properly de igned facilities, that sewage and other wastes are disposed of in a manner tha i will not create a health hazard, adversely affest the environment or impair the en oyment or use of property, and WHEREAS, all procedural legal requirements for c sideration of adoption of the proposed ordinance including publication of the notice ofublic hearing, and any and all other notices required by laze, have been fiZfMed, and I WHEREAS, it appears that the adoption of the proposed ordinance would be in the best interest of the Town of Queensbury, NOW, THEREFORE BE IT s RESOLVED, that the proposed "Town of Queensbury -Site Sewage Disposal Ordinance" in the form annexed hereto be adopted as an ordin ce of the Town of Queensbury and that the same become Effective upon such pub Zicat on and filing as are required by aZw, and be it further RESOLVED, that the Town Clerk be and he hereby is directed to take all necessary action to cause any publication, posting, or fili g as may be required by law to render said ordinance effective at the earlies time permitted by law. f Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs.li Monahan, Mrs. Walter f Noes: None i Absent:None l 4 • P.'.._.�.+la�-��. �.�; t fix 27, Afm-l\l/ SANIT SEWAGE IS. ....SAL pni ORDINANCE r , 4 k � I } Town of Queensbury, N .J.' . ;f z SANITA;' S ,DISPOSAL ORDINANCE FM THE"ZCl r Cr QUEEN►SBLW Ct7N'I'E'NTS Pa ARTICLE I Introductory Provisions l ARnCIE II General Provisions.. ... .. ............................. 2 AR'T'ICLE' III.. <Standards 6 fSCC11t..LC+'.;1Y �C.L e" �.r�ting Systems... .. ........ ............ ......... 9 AFMCIE V Administrative Provisions..... . .............. .... ..... 10 ARTICLE VI Enforcement.. .. ..... . ... . ..... .... 17 ARTICLE VII MiscellanamUs Provisions... ... ........r...,........ .. . 18 -° APPENDICES A. H4ritontal.�ation Distances from Wastewater.. Sources(Table I) ............. .. ... .. .. 19 B. Vertical,Distances Fran Base of Sewage Treat uent Facilities to Elements Listed (Tabl+e ....... ........ ......... .. .. 20 C. Absorption Field.Separation Requirements...... .... 21 D. Seepage Pit Separation Requirements. ......... . .... 22 E. Sewage Disposal Reference Sketch......... .... ..... 23 F. High Groundwater Determination and Percolation Test.... . .. ...... .... . .... ..0......... .. .. ... 24 G. Guidelines for Operation and Maintenance. .... . . ... 26 ARTICLF I nESC OUCTORY FRCNISICUS SECTION 1.010 SHORT TITLE This Ordinance shall be knawn as the Towm of Queenshiry On-Site Sewage Disposal Ordinance. The ` bum of C?ueensbury is hereinafter referred to as the "Town." SFCTICN 1.020 APPLICAFILITY This Ordinance shall govern the disposal of sewage and the design of all sewage disposal systems within the Tom except that this order shall not govern the design or installation of, or disposal of sewage by means of a community or public sewer. SECTICV 1.03 0 Atfl' PXIY Enactment of this Ordinance is pursuant to Article N of the Town Law, Article 3 of the Public Health Law, and Article 27 of the ncecutive Law of the State of New York, SECTION 1.040 PURPOSES AND OI&EC'TIM CF THE CIWR The Purpose of this Ordinance is to promote the health, safety and general welfare of the ccmmriity by insuring through the location, construction and use of properly designed facilities, that sevage and other hestes are disposed of in a manner that will not create a health hazard, adversely affect the environment, or impair the enjoyment or use of property. ARTICLE II GFNMI, PIOVISIOM, SECTION 2.010 PROHIBIM J3L'I'S Except as hereinafter provided: shall be uh3awfti1 for any MM to construc t alter, repair Cr ext6.4 any "facility or part of such facility'intended or used for the discharge 6t 6eweige. B it,s2iell re t Iav� ul fcyr any Person to cause to re discharged, wit h the "'m; any she exc� 'by s�'st ms designed, installed, aixl apprc eted `in accxardanc e with 'he r'eatiirdnehti of this ordinance Except that holding tank, sewage wastes shall be disposed of in an a over7'disosal site d ignated ky the''T of story and approved ky the NYS Department of Fnviromental Conservation. C. It shall � unlawful far aril person to use cr'�tiain any i�vual swage dispel syste+in that is unsafe,= is a source of pollutio `t6'any of the surface waters in the T-160m, permits the seepage of sewage to ground surface; or rote eta with the enjoyment or use of property. SECTICN 2.020 DWINITIONS "Appliiti bite" ra +s:" tt which die tank fluent is applied _„�. a�aorptit� trench or pit, for'desiem purposes, expressed in gpd/ft. squared. a flcQk deflectiriq device used in gtic tanks to check or inhi t -the velocity' of:a strewn of f low car t. escharge of floating and suspended solids. See Sanitary Tee.' "Build "Building Drain means that part of the lowest piping of a drainage system which receives the discharge of soil, wastes, and other drainage pipes inside the walls of the building and conveys such discharges to the building sewer. The building drain extends to three (3) feet outside the building wall. "Building Sewer" - that part of the drainage system which extends from the end of the building drain and conveys its discharge to an individual sewage disposal system,,public sewer, private sewer, or other aprxoved point of disposal. "Cleanaut" - an opening providing access to sere disposal devices (house sew;, .tic tank, distributio�i box) .which allows for the cleaning or purging of materials and obstructicni. "Combined Sewer" - means a sewer receiving both surface runoff and sewage. "Comun ty Water Supply System" - means a public water system which serves at lust five (5) service corawctions used by year-round residences or regularly serves at least twenty five (25 seasonal. residences. "Disposal Field" - means that area to which sewage is distriruted for infiltration to the soil. "Disposal System aiL.�„ Permit" means ,the p+erimit required before construction an on-site sewage disposal system. i "Disposal System Use Certificate" - means the certificate required before any pcFtions of an on site sewage disposal system are backfilled or covered. The Building insFector's report shall be deemed as the Use Certificate. "Distribution Boa or Device" a device used to uniformly distribute sewage to the distribution lines. "Rmergency Repairs" - are repairs designed to prevent or abate an imminent threat to the public health, safety or welfare, caused ` or about to be caused by an individual sewage disposal system. "EZiforcement Officer" - means the person appointed by the Town Board whose duty and authority it is to administer and enforce the provisions of this order, with assistance from the Zoning Administrator. "Existing Grade means the natural topography of land prior to construction activity. -3- "Fill System" -means any sewage disposal system involving earth fill above natural existing ground level, and designed according to the provisions of Particle III. "Final Grade" the elevation, that ground will have at the con- clusion of cutting, filling or other site work. "Garkge" - means organic solid wastes from domestic and cormercial preparation, cooking, or dispensing of food, or from the handling, storage and sale of produce. "Grade" - the slope of a line of pipe, trench bottom, or ground surface in reference to a horizontal surface. "Gravel." - one,a mixture of mineral soil particles whose individual di.aometers range from 1/4" to 3 inches. .fly Vii, as the effluent from sinks, lavatory, Y.machine., di bath or .ShOt#er,' excluding_ of f luent fi�am #o lets ur a7als. etc:`,..which dischame sanitary sewage. Gzeywater consists of waiter, soap, detergents, household cleaners, etc., tut, not human or animal wastes. "Groundwater" soil moisture occupying a zone of saturated soil Which has 'a thickness jcif at least six niches (6") for at least a two (2) week period during t. average water year. "Impervious Material" means material with a percolation rate of °'Px�rer than sixty (60) minutes per inch. "Individual age of p s .. Piping, tanks or other facilities for the on-site collections, treatment and disposal Of, sevege, and not connected to a cxacrmunity or public sewer system. "Industrial Wastes" - means any liquid, gaseous, solid, or waste UnCM* or a.cCMbixaatiPn thereof, resulting from any process , c induatry, dim. .trade or ;business or from develor- ment :car recovery of anY natural resource. "In Existence" - means with,respect to ind vi l sewage disposal svatens that such structure has been substantially commenced or completed. "Iaxvt" nsans;the; ottvm-most.paint of an conduit or the bottam-most point on the insde of a closed conduit. "IAaching.,.,Facility" 1 - means any structure that is designed to di.4- tribute sewage into the soil. See seepage pit or tile field. °Local Board of Health" - means the Tcxm Board acting pursuant to its authority found in Article 3 of the Public Health law. "Major Alteration" - see Major Repair. �,W -4- "Major Repair" - means any replacement or reconstruction affecting the septic tank or the leaching facility of an individual sewage disposal system. "Mean Nigh Water Mark" - means the average annual high water level: "Minor Alteration" - see Minor Repair. "Mind Repair" - is any remedial measure not defined as a rajor repair, rfiajor alteration, or extension. my "Percolation" - the movement of water dc& ard through the pores of a soil or other porous medium following infiltration trrouah the soil surface. "Percolation Test" - a standard procedure for testing soil Per- meability to determine the softwe application rate. Gee .appendix vil for proper procedure for such a test. "privy - a building fixed to a vault or pit, equipped with seating to alloul for excretion of body waste. "Pre-existing Individual Sewage Disposal System" means any individual disposal system that *,as lawfully in existence prior to am ary-198-in: kuya7, tay Tee" - Pipe fitting used in septic tanks to reduce flcv velocities so as to increase solids settlina in the tank and prevent carry-over of solids. See Eaffle. "Seepage Pit" - a covered undemrcurxI pit with a permeable lining that permits the infiltration`of treated sea�aae to the sur- roundinv soil. "Sewage" - the carrination of haanan and household pastes v ith eater which is discharged to the home plumbing system; the o aste from a flush' toilet, 'bath, sink, lavatory, dishwashing or laundry machine, or the water-carried waste from any other fixture or eauipment or machine. "surface Absorption System" - means seepage Pits or file fields. "Surface ter' Body" -- any lake, fond, river, steam, intermittent stream or wetland "Toilet wastes means haanan excretion and toilet flushing fluid. "Usable Soil" - means all soil with a percolation rate faster than one (1) inch in sixty (60) minutes. " -5- `" ` » ARTICLE Iii Il�TVIDLW SEWAGE DISPOSAL SYSTEM S=r1CN'3.OIO 'TIANCL A. Individuale D' sal. Systems shall ccmply,with the s u'x % of this Arts 1a:_and with the t recent editions o the ; rte Trea :' In w dual .33cx Behold stems,DI'It ta.to t o" . ;404tutimal and • e' 'a ti as, New York tineait of GYM• F�k—Y4We4T.. N lta , 1$eCtT�# lri t caso 'Of'Conflicts among tie: skarsdards, the meist restti.ctive shall'apply. B. Alternative systems (as.defined, in the Waste Treatment Handbook individual eptizlig Fill Systems Which are e .rt3rdirance may be permitted by application to the New')tark' Stag Department of Health or, if gable, the New York State Department of Fwiroa�mental ns-7vatioh. 1 section 3.00 `GM AL sn*MMM I � F t A. Only sewage may be discharged into the individual sewage disposal system. Surface and subsurface water including roof, cellar foundation and stem drainage shall be excluded fmn such systems and shall be disposed of so they will in no %my`affect the system. B. No-cmpment of a leachingr facility sha11 be_located under drive- ways, roads, parking areas or leas subject to heavy loading. C. With reference to`the 10{3 foot.min ma setback distance required betty i water,bcdias and a Iea lii g facility,� ift no case shall any disposal field, se epit;oi-otter lees facility be located • closer than 100 feet frtam the hisein high water mark of any lake, pond, river, permanent,(tr intermittent stream. D. Water wastes known as "greywater" dialed fram dishwashers, laundry machines, sinks, bath tubs and sbowprs shall not be permitted, to-be discharged into a separate leaching facility not meeting the standards loor sanitary sewage discharges. -6- 1 SECTION 3.030 SPBCIAL STANMMS A. The natural ground intended for the leaching facility must have a minimum depth of three (3) feet of usable soil above bedrock, impervious material, or maximum high seasonal groundwater within 1000' of. the shoreline of Lake George. See Appendix F for high groundwater determination and percolation test procedure. B. No sewage disposal fill or mound system may be located within two hundred (200) feet of the shorelines of Lake George. the repair or replacement of existing systems, the distance may be a minimum of one hundred (100) feet. C. No leaching facility will be permitted within two hundred (200) f eet of the mean high water mark of a ].aloe, pond, river, per- manent or intermittent stream, if the percolation rate is 0 to 3 minutes per inch. A systen may be allowed within two (200) feet of the shoreline, if corrective measures are taken to reduce the percolation rate to a minimum of 7 to 10 minutes per inch, provided that all other requirements of this Ordinance are met. D. TABLE I' - Horizontal Separation Distances from Wastewater Sources, as per Waste Treatment Hayftook of the New York State Department of Health. (See Appendix A) . E. "TABLE II Vertical distances fran Base of,Seviage Treatment Facilities to Elements Listed, as per Waste Treatment Handbook of the New York State Department of Health. (See Appendix g) . � SBC.IION 3:040 FILL SYSTEM A. in those cases where tests for high groundwater determination and soil percolation as provided for in Appendix F indicate that the guality and depth of natural soil is inadequate for an instal- laticon, a fill system may be utilized, provided the following specificationns are met. Final approval of fill systems shall not be granted until the fill is in place and the system evaluated according to the administrative provisions of this Ordinance. B. The design and installation of a fill system shall comply with the following specifications. 1) There mast be at least two (2) feet of naturally occurring soil (three (3) feet within 1000 feet of Take George) over an impervious layer or seasonally high groundwater. 2) The maximn allowable existing natural ground surface slope for built-up systems shall be ten (10) percent. -7- i t 4 r _ ) When placing fill on top of existing grade, organic debris, including leaves, roots, and other plant forms, shall be renoved prior to the placement of the f soil plowed<-or scarified. X11 and the natural 4) The soil used for fill shall be well graded loamy sand or well graded loamy sandy gravels, and should contain a mini- Mum of twelve 0 2) percent silts or clays containing ring no crganic'debris or no solid object 7 larger than three {3} inches in cliff..and the fill sal be aLUCWed to stabilize naturally for at least sixty (60) days. S) Sufficient If 11 .R be,installed t o ensure a minimum of two (2) feet be'tws any f rewh bottom and V-xi-. high seasonal 9r=xNMter, hrPOIrViOUS material, Or -bedrock. This separation msust be three (3) feet within 1000 feet of Lake George. 6) only absc�rpton fields shall be used as the leaching facility in fill systems. 7) A chattel or diveisim `zYg shall be plated about the fill system in the up--slope direction and of sufficient length to divert stzrfaae and sheet Water runoff around the fill system. 8) The tap of fill over the leaching facility shall be crowned Or shaped to allow-'natural'iAwface runoff, and seeded. 9) Side slopes of fill shall be graded to a slope not steeper than one (1) vertical on thee (3) horizontal. -8 r ARTICLE IV PRF-FXISTINC7 SYc'ITMF J f I SF'CTICN 4.010 C+CNTI"TICN OF PRF-FXISTDr-, SYSTEM. Surject to the provisions of this Ordinance, the use or maintenance of a properly functioning pre-existing individual smiage disposal system may to continued kut it shall be unlawful to alter, enlarge, repair, Cr extern- such systems except in conformity with the provisions herein. This Article shall not he construed to knit any unsafe use or structure, or permit such structures or their use when such structure cr use constitutes a threat to pudic health, safety, welfare or environmental duality; permits the seepage of sewage waters to ground surface; or interferes with the enjoyment or use of property. SECTION 4.020 FTPA.IR, ALTF'RATICN, FIZA_U 4117 OR FXTFNSIC N CF' P SYMV A. It shall t-e unlavful to repair, alter, enlarge ar extend a pre- existing individual sem*age disposal system except that: 1) Minor repairs and minor alterations may be undertaken without a permit. 2) Major* repairs, extensions or major alterations may k•e undertaken pursuant to a disposal system huildinv permit. B. It shall he unlawful to use any system that has been extended or undergone majcr repairs or major alterations unless a disposal system use permit is issued pursuant to Article V of this order. * Major Repair -means any replacement or reconstruction affecting the septic tank or the leaching facility of an individual sewage disposal system. -9- — ARTICLE V ArMINIS'MTTVF PRC%7ISICr;S SB TICN 5.010 MISC"PCEVn?r CFTTCTR A. Duties _ It shall 1 be the'duty-of the Fnforcement Officer(s) to adm�ni ster and enforce the provisions of t As Ordinance. B`. int'ament - Thle.Tokm Ward of the Town of Oueenshiry shall a# the Enforcement Officers) C. Duty -o i3 . (s) _ It shall he the duty of the Building Inspectors to inspect all facilities falling under the Jurisdiction of this OYdinatu*e, and they are 'hereby authorized to enter any parcel of property within the To on of Neenskury pursuant to this authority. The FUildinq Inspectors shall report their findings to the `Fnfa rcement Officer(s) SEC'!'ION 5.020 Fsnunup RECORDS The original or a -died copy of all decisions, approvals, rulings and fiCndings of any Roar under this order, and of all permits and certificates smell 'Pursuant-t, this order `shall be retained in the f is s cif the F'nforcement Cuff ictr as at per nan nt public record. A copy shall be retained in the files of the Building Inspector's Office for the flue s (It is reoamyonded that owners also retain a Copy Of the Flan of the disposal system.) SECTION 5.0,1,0`A WCWICNT , '` r' (F MSPOSAL SYSTEM BUIIr nr 11IM11'M 'AM D:L tm usr C 'IFICATES I r DISPMM SY5TjM P'E ING `pF*aTS: A.` It shall be unlawful.for-any person to construct, alter, repair ,car, extend an iniVidual sgwaqe disppsal system within the Town imless a dispcasal syn w lding pennit has keen issued, except that. miner repairs may E4 masde without a permit. B. Appl,:,cations for di,SV6,dM,1,syst40 tui'Iding permits may k�e made only by the- o c or lessee ,o the=lot for which the system is proposed or his duly 'authciriz I - c'gegnt'or as ors and shall be in writing, signed ty..the applicant in spch� form as determined by the rnforce- ment Officer, 'i"he appropriate fee posted in the Officer of the Building,Inspector. shall achy the application for a sewage disposal system ;Applications shall be suh m ti ted to the Enforcement Off icer or the ldina Inspector and shall include such information as the Neu' York_`State Board of Health and the Enforcement Officer shall require, including the following: R�,•. -10- r a 1) The roams and address of the applicant. 2) Specific location of the property on which the construction alteration, repair or extension is proposed. 3) A plan of the proposed disposal systsn with substantiating data attesting to compliance with the minimum standards set forth in this order. 4) A sketch of the property showing the location of the proposed construction, alteration,, repair or extension and including delineation of the property lines and sources of water supply for the property and adjoining properties. 5) Evidence to demonstrate to the satisfaction of the Enforcement officer that there is no public sewer available into which the sewage can be discharged from p1m Bing facilities on the pr osed building site, or that it is impracticable to dis- charge sewage fran on-site plunbing facilities into a sanitary sewer system. 6) A percolation test is required for the site of a proposed facility. The percolation rate shall be determined by the methods described in the Waste Treatment Hacnd=k - Individual Household Systems, New Yor State Ut- artment o Hea a) The Enforcement Officer may verify the results of such percolation ,tests and require all such information from applicant necessary for such review, alternatively, the Enforcement Officer shall indicate the individual design ed by the Board of Health to conduct this test. b) See Appendix F for suggested percolation testing techniques and a sample application. 7) Site data which might affect, or be affected by, the proposed: system, including but not limited to, specifications, regarding soil type, topography, depth or seasonal high grwndwater, depth to impervious material., depth to bedrock, distance to surface bodies of water. The determination of depth to seasonal high groundwater shall be made in the months of March, April, May or June, within six (6) weeks of the time that the frost leaves the ground. All determinations shall be accompanied by a detailed statement of the testing methods used as well as the basis for the determination. The Enforcement Officer shall determine whether or not an application is caanplete. (See Appendix F for technique for determination of seasonal high groundwater.) -11- C. The Enfcxrcerient Offia r shall, have the authority to rewire ±e of cation or reteitino to verify fy nfcmtiiat on sukmitted as part of the application. D. The E'.nfcrcement officer may conduct such investigation, examinations, tests and site evaluations as he deans necessary to verify infcDcmation contained in an application for a sewage disposal building Permit .and the' applicant or'owner of land on k ith the system is pr shall grant the,Administrator or hie agents ,misaion enter on his land for these purposes. E. The Enfca'cenont'Offscer shall"not issue a disposal building per- mit unless'allrtitt site data has ' muted, verified and certified as` r this order; all t fees have been . . P� old. and t e +i t Officer has.`determined that the alteration, rir ter �ristrton as 'prtposed in the appli- cation c aV1 es w th,a 1 the sped icati i contained in this Ctrdinance. F. The Enforcement Officer may disapprove an'application for a disposal system hiildlzr permit if he determines I} That the indiviax sy zspa l system, as Proposed will not cXmfarm C e the re* renertts, or specif ications, 2) That the applicant`etas failed to supply all data necessary to make a determination as to whether or not such individual sewage disposal system conforms to the reauirements or ats * . A specift s ' ' #h e ar_d has 'failed to supply such infest cn'f sigty ( y ' after a written recauest for such additional information bas been mailed. 3) The applicant has"failed to pay all necessary fees and has failed to make srh payment for sixty (CO) days after notice of such non-payment has been mailed. G. The Enfc.rcesri nt Officer*pay, by written notice, order all further work std d on any z frv3,dual s qe disposal system which is being constructed or installed 'in' vialation of this Ordinance. DIS K 5"Y.Orm ust CxfWlx"`lUAUXB: A. It shall be unlawful f+er arty unauthbized person to cover or utilize any individual sewage dispel system unless a disposal system use certificate has been issued-therefor. -12 i a. B. It shall be the duty of the holder of the disposal system building permit to notify the Enforcement officer when the installation is ready for inspection. The inspection shall be made as soon thereafter as practical by the Enforcement Officer. The Enforcement officer may also make inspections during construction to insure that the system is being installed in accordance with the application and this Ordinance. Any part of any installation which has been covered prior to final approval shall be uncovered upon order of the Enforcement Officer. C. A disposal system use certificate shall not be granted until the Enforcement officer has determined that the individual sewage disposal systen has been installed in czmpl.iance with the application and this Ordinance. The Enforcement officer may make such a determination only after he has made an on-site investigation of the system or received a certification from the individual designing and installing the system, that the system conforms to the specifications as set forth in the application and this ordinance. The Woarcement Officer may withhold a determination until after an on-site investigation has been completed notwithstanding that the system has been certified as properly installed and designed. sBCTICN 5.035 VARIANCES The kcal Board of Health may vary or adapt the strict application of any of the requirements of this ordinance in the case whereby such strict application would result in unnecessary hardship that would deprive the owner of the reasonable use of the land involved. No variance in the strict application of any provision of this Ordinance shall be granted by the local Board of Health unless it shall f nd al 7 of the followings F (a) That there are special circumstances or conditions, fully described in the findings of the Local Board of Health, applying to such land and that such circumstances or conditions are such that strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of such land. (b) That the variance would not be materially detrimental to the purposes and objectives of this Ordinance, or to other adjoi w SEJCTION 5.036 APPLICATION FOR VARtANCEr Variances may be instituted by filing an application with the Local Board of Health,usiM=fCOM 0spglied by the Local. Board of Health, which shall include all 0 3riata+on reasonably considered by the Board as necessary to make its ��s under Section 5.035 of this Ordinance including, among ®then thipg*, .the legal description of property for Which, the vari ce is so�� ,s map ahawing the property and all 'ti within a radius 1pt 500 feat.Of the exterior boundaries thereof r .Plans and elevations necessary to fully describe the conditions for which a variance is sought, and all other information reasonably considered necessary by the Local Board of Health for an understRnding of OWMIditiOnS :of the pry ty for which the variance is sought and the relationihip thereof to surrounding properties. SE7LTIM 5,;037 VARIANCE APPZCATIC�T ANp DECT911bN' (a), Within thir ty (30)�days of receipt:bY. the Local Board of Health of a canpleted,application for a variance fran the provisions of this Ordinance, the Local Board of Health shall give notice by publication in an Official ne(s 9 r of the Town of a public hearing to beheld on the variance application which public hearing shall be held n®t,,,,less than five (5) days nor more than Thirty (30) days after .the publicaticn of said notice. In addition to the publ.,icaFtion of tie Notice of Public Hearing, at least ton ,(10), days.prlor to said public hearing, the Enforcement Officer shall mail notices of said public hearing to all; Owners of pro ,ties located within 500 feet of the property for which the variance is sought. FO' :purposes of said, notion by,mail, the owners of Pryties Within 500 Feet ;shall be determined fran the latest ocmpleted assessment roll of the Town of 4ueensury and notices shall be trailed to said owners at the address et forth on said rW 1. (b) Within;thirty,_(30) days of the closing .,of the public hearing, the,Locai,,Roard of Health_shag grant, grant with ccandition, or deny tare variance applied for. The decision of the,[ a1 Board Of Health..shall be in writ ing and shall.ccntain-, ch of the findings specified in Section 5.035 of ;thi trdix�ance (c) IIX=eesnent 4ffficer,.shall notify the Adirondack Park y.by, mo d . of any varu ce grant involving lands located v4 .t„he Adiroondack lark. Any variance granted, or granted with conditions, shall not be effective until thirty (3 0) days after such notice to.the Adirondack Park Agency.,,_If 1f vgthin such thirty (30) day Period the Agency;dete mm wi .that such action involves the provisions of the Lam Use;aid Delont Plan as approved in the Local Land Use Program, Including any shoreline restriction, and that such was not predicated upon an appropriate statutory basis of unnecessary hardship, the Agency may reverse the detennination of the Local Board of Health in granting the variance. -14- (d) As part of any determination granting a variance involving lands within the Adirondack Park, the Local Board of Health shall direct the Enforcement Officer to issue any apFopriate permit an conformity with its determination and shall state a time by which the permit shall be issued in conformity with this ordinance and the terms and conditions of the variance granted. SEX rim 5.040 APPEAL FROM AMCN CF THE .FiBE'O 7" 1T ClH'FIC'ER Persons adversely affected by an actien, omission, decision or rule by the E-forcenent Officer may aWeal. such actions or inactions only to the Local Board of Health, which shall render a decision regarding the appeal only after holding a hearing on the matter. SBCT CN 5.050 FORM CF PETITIONS, APPLICATIONS AND APPEALS Unless otherwise stated, all Petitions, applications and appeals provided for in this ordinance shall be made on forms prescribed by the Enforcement offices. Completed forms shall be accompanied by whatever further infomation, plans or specifications as may be required by such forms. SDCI'ItIN 5.060 APPLICATIC K FEES Fees shall be paid upon the sukmission of aMlications provided for by the terms of this Ordinance. SE�MCN 5.©7 a CNCE 'S LOCAL LAND USE PROGRAM IS APPS BY At)jT4Ct4DACK PARK AGENCY A. The En£orcenent Officer shall notify the Adirondack Park Age' by mail of appeal actions. Any application approved, or armed with conditions, shall not be effective until thirty (30) days after such notice to the Agency. If within such thirty day period, the Agency determines that such action involves the Provisions of the Land Use and Develops- ment Plan as approved in the local Land Use Program, including any shoreline restriction, and was not based upon the appropriate statutory basis, the Agency may reverse the Enforcement officer's action. B. As past of any decision, the Board shall direct the Ehforcernent officer to issue any appropriate permit in conformity with its rulinq and shall state a time by which the permit shall be issued, in conformity with this ordinance- -15- r r SBCTICN 5.080 SITE INSPECTIONS A. The filing of an application for a disposal system building t � pen-nit represents permission by the applicant for the Enforcement Officer and/or other designated person, to acanduct such examinations, tests, and other inspections of the disposal system site. Hover, entrance upon the applicant's property, vtiere Practicable, shall be made only after reason- able prior notice to the applicant. B. The Enforcement Officer or his designee may inspect any individual sewage disposal ayetam built after this Ordinance takes effect to insure thatAt is being maint ed in proper vwking.order. It shall be unlawful, for the owner or occupant of the r ty to deny such-official or his designee access to ,the=property at reasonable times for the purpose of staking, such inspectis. Where practical, inspections shall be made only after reasonable notice to-,the owner or occupant. Where the Eri w ent Officer detemd nes that a system is not being,-meta ned in compliance with this Ordinance, he may order that use of the system,-cease, and/or that the defects be corrected; MWor misuse abated-mitbiin a reasonable time. ' If the.pribefl actin is -rat tin .thin the time fixed by the EnforceTtent Officer, he may revoke the use permit for the system. SEMON 5.090 „ IM OR. °EXPIR MOM OF,PE'E NiITS Any permit issued pursuant to this Ordinance shall expire within sixty (60) days from the date of issuance thereof unless extension has been applied for by the applicant in the Building Inspector's office. sBCTION 5.100 EXPnwiaN CF PE.* ['t*3 GRiMIZZ Unless otherwise provided fm in the Permit, al,.l.,. nits shall wcpire within two (2) year's i-of :issuance. Once ae perm .t expires, and the disposal, system is,;not completed, a new permit application is required. -16- 4 AIUICLF VI 'tea. ENFCFKEAM SECT' ON 6.010 PENALTY Any person owning, controlling cr managing any building, structure, sand or premises therein or whereon there shall he placed on or there exists a structure or system in violation of this Ordinance and any person who shall cacm :t or assist in the commission of any violation of this Ordinance, or who shall build, erect, construct, or attempt the same, any structure contrary to the plans or specifications submitted to the authorized official and by him certified as complying with this Ordinance; and any person who shall emit, neglect, or refuse to do any act required b-y this order shall be subject to a civil penalty of not more than $250.00 to be reoovered by the TOkm Board in any court of competent jurisdiction. Every such person shall be deemed guilty of a separate offense for each day that such violation, disobedience, cmission, neglect or refusal shall continue. Where the person cannitting such violation is a partnership, association or corporation, the principal executive officer, partner, agent or manager may he considered to he the person for the purposes of this Article. SECTION 6.020 ALTERNAITT REMEDY In case of any violation or threatened violation of any of the provisions of this Ordinance, in addition to other remedies herein provided, the Town Board may institute any appropriate action or proceeding to prevent unlawful construction, structural alteration, repair, reconstruction, moving and/or use, to restrain, correct or abate such violation to prevent the use of the individual sewage disposal system or to prevent any illegal act, conduct, business or use regarding such disposal system. SECTION 6.030 MCSMMSERrATION Any permit or approval granted under this Ordinance which is based upon or is granted in reliance upon any material representation, or failure to make a material fact or circumstance known, by or on behalf of an applicant, shall be void. This Section shall not he construed to affect the remedies available to the Tc*m Board under Sections 6.010 and 6.020 of this Ordinance. -17- J y AFMCLF VII MISCELLANNMS PROVISIONS SEMO N 7.010 INTERM TATICN Where the conditions imposed by any provision of this Ordinance are less restrictive than Viable conditions imposed by any other provisions of this Ordinance, or of any other Statute, Ordinance, Local law, Order, Rule, Regulation, the provisions which are more restrictive shall govern. SECTIJ4 7."020'SE�aLTTY The provisions of this Ordinaince are severahle. If any Article, Section, Subsection or Provision shall be invalid, such invalidity shjudgedplinvalid, Aresteof thiso nor der�shaltion arar ,provsions main valid and effective. SECTION 7.030 SAVINGS CLAUSE { x The 'ad6ptim of this Ordinance shall not affect arr ; a r any act done, offense cowdtted or right accrued or acquired or liability, penalty, forfeiture or punishment incurred prior to the time this Ordinance takes' effect. _ SECTION 7.040 EF'F CTIVE DATE This Ordinance shall take effect and he in farce ten (10) days after its passage `publication and filing as prescribed by Section 308 of the Public`Nealth Law. -18- TA63LE I - PO 1 ZO,:T a L E"r'ARATI O' .,1 sTitEA:., WELL 0? :•;AST E1.ATE SuC T ON c:AT F FsRC)PERTY Lhi:L SUU CAS L?' (a) COQ:_E (c) D��ELLING LI::E AND House Sewer 25' if cast 25' - 10' 50' t•Jatertight iron pipe joints) 50' otherwise Septic lank 50' S0' 10' 10' 50' Effluent Line to Distribution L'ox 50' 50' 10' 10' 50' Distribution Box 100' 100' 20' 10' 100' Absorption Field 1001 (b) 100' (d) 20' 10' 1001 (b) (d) Seepage Pit 150(b) 1001 (d) 20' 10' 150 (b)(d) (more in coarse gavel) Dry Well 50' 25' 20' 10' 50' (Roof & Footing) Fill or Built- 100' 100' 20' 10' 2001 e) up System Evapotranspiration- 103' 100' 2u' 20' e00' Evapotranspiration- Absorption System Sanitary Privy Pit 1001 50' 20 ' 10' 1001 Privy, hater- 50, 50' 20, 10, 100 ' tight Vault (a) Water service and sewer lines may be in the same trench if cast iron sewer wit: lead-caulked joints is laid at all points 18" below water service pipe; or sewc:• may be on dropped shelf at one side at least 13" below water service pipe, prc.- vided that sewer pipe is laid below frost with tight and root-proof joints and not subject to settling, superimposed loads or vibration. Water service lines under pressure shall not pass closer than 10 feet of a septic tank, absorption the field, leaching pit, privy or any other part of a sewage disposal syste^r. (b) Sewage disposal systems located of necessity upgrade in the general path. of drainage to a well shall be spaced 200 Feet or more away. (c) glean high water mark. (d) If percolation rate is 0 to 3 minutes per inc:., this distance becomes 200 linear feet. (e) For repair or replace-rent of exist.inC, systems, the distanco ulay be a r:K "' of one hundred (100) feet. -1�- t APPENDIX B TABLE II VERTICAL DISTANCES FROM. BASE QF.SEWAGE TREAT14ENT FACILITIES TO ELE?4ENTS LISTED BELOW SEAS014AL HIGH GROUNDWATER AND BEDROCK WITHIN 200' WITHIN 1000 OF LK. GEO. TOWN OF LK. GEO. AND TRIES. Absorption Field 21 3' 31 Seepage Pit 21 31 31 Fill or Built-up System+ 21 3f Not allowed Evapotranipifation- Not Absorption System 2 3 allowed * `# Sanitary Privy Pit 2' 31 3' Privy, Watertight Pit 2' 2' 21 * Vertical distances from the base of the fill material ** Holding - tanks would be acceptable alternatives. _ 20 _ E SThZE.AM 1 ` POND s WF-u- WATER- TIC?k? G.A.It4CC, t* HOUSE 4E -' HOUSL ` JE ' o ZR►vZ-i. SDKs1� r A�r©RPtxara Flrr.Li> Q 21 - PON TIN tV�t.t.. iN TC HT rtr WOUW- V- 4 w Q rAA OR11lElVAY ClhRaf# �f _ 22 PROPERTY LINE J --- �1: - --x- 24" TRENCH f,i f V I /62• 5E 59, / 35, I p WELL 36- • `�� SMITH ROAD i c, N 7 A S I S 1. ho. of bedrooms 2. Daily f l(n, gpd 3. Septic tank capacity gals. 4. Percolation rate min!in. S. Length of absorption field ft. WT- DATE: the above sketch shcaos the locations of the units comprising •our sewage disposal srsten, for future reference in case of difficulty. It shoos measured distances frog buildings, trees, garage, fence posts, ctc . , to septic tank, sewers, distribution box and abscrpt on field or seenage pits. SAVE------- --POST i'-" Y�t1FA�" --__ -•_-_SAVE FIGURE S SEWAGE DISPOSAL REFERENCE SKETCH - 23 _ i r . APPFND]X F t HIM GRJJNDWAM DF'M MINATIdN Subsurface!Ccnditions shall be determined by digging a hole five (5) feet deeper than the anticipated depth of the proposed leaching facility. The det mination of the seasonal kph groundwater level shall he made during the mast .c March, ,Apia 1, May coat'��'une, yii thin six (6') weeks of the time that the:fa c 3t leaves the g'=d.''�.sch'determinati'' may he made by montcix�g the water level in the open ,soil test,pit aa,described above, for a period of not less than twenty-f=" - (24) hours aneT recording the highest level observed. If such determ 4, is made at other than such times, the seem high groundwater evaluated and: certified by a qualified person apr-roved by the Local Hoard of Health. son TEST All tests shall be made within the area of the proposed sewage disposal system. At least two voil percolation tests shall be made in the area proposed for each sewage disposal system. More tests may be required. The procedure noted below shall be followed in performing a soil percolation ' test: i 1. Dig a hole approximately twelve (12) inches in diameter with vertical sides. If a the trench field is being considered, the bottan of the percolation test hole shall be six (6) inches below the anticipated trench bottan. If a seepage pit is under consideration, percolation tests shall he run at one-half (1/2) depth and at the full estimated depth of the seepage pit. In order to facilitate the running of the test, a larger excavation shall be made for the upper portion of the hole with the actual test hole in the bottom. 2. Fill the test hole with water and allow it to completely seep away. For all soils excepting clean sands and gravels this must he done at least four (4) fours but not more than twenty-fcue (24) hers before the test and again at the time of the test. For clean sands and gravels, pre-soaking must be done at the time of the test. After the water has seeped away, remove any loose soil that has fallen fran the sides of the hale. Place a one (1) inch layer of small stones in the bottan of the test hole to reduce scoring and silting action.' i -24- 3. Pour clean water into the hole, with as little splashing as possible, to a depth of six (6) inches above the bottom of the hole. 4. Observe and record the time in minutes required for the water to drop one (1) inch as measured from a fixed reference point. 5. Repeat steps (3) and (4) of the test, a minim= of three (3) times, until the time for the water to drop one (1) inch for two successive tests gives approximately equal results. , last test will than be taken as the stabilized rate of percoltion and the time recorded for this test will be the design basis for deter- mining'the square footage of leaching or absorptive area required for a subsurface absorption system (see Tables 4 and 5) of the New York State Department of Health's Waste Treatment Handbook Individual Household Systems. For exsp e, assume of owaffiJ rates were obtained ru ins a test (see 4 above) : Ruii Number Time Minutes 1 14 2 20 3 24 4 27 5 30 6 30 The stabilized rate of percolation would then be taken as thirty (30) minutes per inch. -25- APPENDIX G, GUIDELINES FOR TEPRATTal AI ND h)AIN'T �1CCF [ The tents of the tic tank..;should be inspected every 2-3 years and ! pimped when the total epkh of sludge and scur�► .exceeds one-third of the liquid depth of the tank (see Figure 1) . If the tank is not cleaned, periodically, the solids are carried into the di rapid clogging occurs; disposal field;clogging premature failure follows and finally, the disposal field must be replaced. Pumping your Septic tank is less expensive than replacing your disposal field. - Detergents, kitchen wastes, laundry wastes, and household chemicals in normal amounts do not affect the proper operation of household sewage disposal systems. However, excessive quantities can be harmful. - Avoid the disposal of ;cigarette butts, ear-le diapers, sanitary plastics, trash, etc.,,,into d ."po P taxy naplins, not readily c1 Your_ho4sel,63 sewacre system. These items are y eoumtposed. - Septic tank additives are not re"Mended Additives are unnecessary to the proper operation of household systems and may cause the sludge and scum in the septic tank to be discharged into the disposal field, resulting in premature failure. - Garbage grandees substantially irlOrema ehe accumulation of solids in the septic tank; as well as the Boll enter the disposal fields and pits. Their ditarges outweigh the vto'nvenience they wide and are not rec ecl for housebolds,yAdththeir,own, sewage disposal systems. If used, the sdptid'tank size and di l' field should be increased. f - Connecting law-'dry wastes to a separate waste system (dry well or seepage ' pit), while not romm ally necessary, will reduce the load on the regular sys- ton and pezmit the survival of &:--marginal system - All roof, cellar and fa*-ing drainage,-and surface water must be excluded from the system. This.dra n ge water can be discharged to the ground surface without treatment; make sure it drains away from your sewage disposal system. - Roof downspouts should not drain toward the disposal field. - Roots from trees in the inmediate area of the absorption lines may clog the system. - Keep swimming pools (above cr in-ground) away fran the disposal field. Never permit heavy equipment to pass over the disposal field. Conserve water usage; this can prolong the life of your sewage disposal system. Check defective toilet tank valves, repair leaky fixtures, install appliances and fixtures which use less grater, and avoid wasteful practices. - Water softener wastes (salts) can destroy a disposal system and caution should be advised in their ueeage. -2f A sewage disposal system is ncrmally designed to accamicIdate tv?O 'Persons per bedrocm. If the house rIld is larger than this, or if additional bedrooms are added, enlarge the system. if surface water frcm higher ground is running onto the disposal field, install a ditch cr berm to intercept this surface Ater. For two dMiled inkr1wrion concerning wec al conditions in your or=,contact the counry hey th dvartment or the NY$ District H"Ith Office serving your locality. ' AA ANHCLE STAKE GROUND LEVEL I IL COVER MOUSE SEMER BAFFLE } a INL E 1 .+w•�ww....•... 00 LE 1 SCUM j i LIQUID LEVEL LIQUID Of 01H y ,` SLUDGE i CROSS SECTION OF A TYPICAL CONCRETE SEPTIC TANK F FIGURE 1 .. 27 _ fY I u i 1�3 RESOLUTION TO AUTHORIZE ISSUANCE OF LICENSE FOR OPERATION OF JUNK YARD i RrESOLU= NO,267, .Introduced by Dr. Charles Eisenhart who moved for its adoption, { seeondeed by Mr. Ddntel MorreZZ: 1 WHEREAS, Jerry Broom as purported owner of certain premises situate on Lower Warren j - Street in the Town of Queensbury, Warren County, New York, being those premises 1 described in a deed from Frank K. Bronk, et at to Jerry Brown dated May 29, 1982 and recorded in the Warren County Clerk's Office in Book 639 of Deeds at page 801 has made application to the Town Board, pursuant to Ordinance No. 6 of the Town of Queensbury, for a License to operate a junk yard business thereon, and WHEREAS, the Planning Board of the Town of Queensbury has issued its written approval of the Location of the proposed junk yard with the recommendations that (1) all vehicles and equipment be kept behind fence (2) a suitable and more attractive fence be installed and (3) there by a referral of this matter to the Queensbury Beautification { Committee for its recommendations, and WHEREAS, the recommendations of the Queensb ury Beautification Committee had been forth- coming and have been presented to the Town Board for its consideration, and WHEREAS, pursuant to resolution adopted by the Town Board and upon due publication of notice thereof, a public hearing was held before and by the Town Board on June 22, 1981 at which all persons interested in the subject of the application of Jerry Brown for a junk yard License were duty heard, and WHEREAS, due consideration has been given to the application and the recommendations of the Queensbury FUnning Board and the Queensbury Beautification Committee, and WHEREAS, it appears that all procedural requirements provided by Zawin connection with the application for a junk yard License and the requisite hearing and recommendations relative thereto have been fulfilled, NOW, THEREFORE BE IT RESOLVED, that a junk yard license relative to the aforesaid premises be issued to Jerry Brown pursuant to Ordinance No. 6 of the Tombf Queensbury upon payment of the prescribed fee and subject to the requirements set forth in Ordinance No. 6 and the following express conditions: (1) Neither the junk yard nor any activity in connection therewith shall be established or operated within One Hundred (100) Feet of the boundary line of any public highway, street, avenue nor within Three Hundred (300) feet of a dwelling, school, church or other building; (2) The entire area of land used in any manner in connection with such junk yard operation shall be enclosed at all times within a tight board or sheet metal fence not less than Eight (8) feet in height and such fence shall be painted green or other color which will fairly blend with the surroundings. (3) No ' advertising matter of any kind shall be attached to or painted on any sign enclosing the junk yard and there shall be no signs posted on the fence surrounding the junk yard operation; (4) No vehicles or other waste material within the junk yard shall be piled or stacked to a height where the same shalt be visible over the top of the fence; (5) No burning of waste material shall be done unZess'a permit for such burning shall have been issued by the Department of Environmental Conservation of the State of New York; and (6) No vehicles or other waste material shall be stored or deposited outside the fence area as such is prohibited by Section 2 of Ordinance No. 6 of the Town of } Queensbury. Duty adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, W. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None I I