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1.05 1.5 WASTEWATER-SEWER\Set PURies-Replacement—Groundwater Below Surface Share Builtup Mounded System With Neighboring Property Eberlem to Dwelling—In APA-2-12- 2024 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF DAVID AND THERESA RIES RESOLUTION NO.: 92024 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, David and Theresa Ries (Applicants) have applied to the Local Board of Health for variances from Chapter 136 for installation of an on-site subsurface wastewater treatment system, specifically a mounded soil absorption system, to be located on Applicants' property located at 8 Seeyle Road North to serve both 8 Seelye Road North and 12 Seelye Road North in the Town of Queensbury,with the: 1. Groundwater table to be 6" below the ground surface in lieu of the required 3' below ground surface; and 2. Fill or built-up system to be located 4' from the dwelling in lieu of the required 20' setback; NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, February 26t", 2024 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider David and Theresa Ries' sewage disposal variance application concerning property located at 8 Seeyle Road North in the Town of Queensbury (Tax Map No.: 227.17-1-24) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 12t'day of February, 2024,by the following vote: AYES NOES ABSENT: r LaBeLLa Powered by partnership. January 23, 2024 Mr. John Strough. Town Supervisor & Town Board Members Town of Queensbury 742 Bay Road Queensbury. NY :12804 Via email• lohnsna queensbury net RE: Town Board Review Ebertein-Ries Septic Variance 12 Seelye Road North Town of Queensbury. Warren County, New York L.aBeLLa Project No. 2220706.95 Dear Mr. Strough and Town Board members, LaBella .Associates has received a submission package from your office for the above referenced project. The AppLicants are proposing to construct two new onsite wastewater treatment systems on the same parcel. Information submitted to our office for review includes the foltowving: • Comment response Letter prepared by StudioA, dated January 9, 2024 (2 pages). UtiUties Plan. prepared by StudioA. Last revision date January 9, 2o24 (1 sheet). Based upon our review of the information submitted, we find that our previous technical comments have been addressed to our satisfaction. In the event the Town Board or Town staff have any questions or require additional Information, please do not hesitate to contact me at (518) 824-1943- RespectfuLLy submitted. LaBeLLa Associates Paut Guillet, PE LaBeLLa Associates P.C. 120 Elm Street, Suite 100 I Glens FatLs. NY aizOoz www.LabeLtapc.com i Senior Civil Engineer Attachments: none CC: .John O'Brien, Director of Buildings and Codes Enforcement (via email} Erin O'Donnell 2 studioA Landscape Archltacture + Engineering, tWc January 9, 2024 Mr. Craig Brown Zoning. Administrator and Code Compliance Officer Town of Queensbury 742 Bay Road - ' Queensbury, NY 12804 Re: Eberlein4Mes Septic Variance Town of 0imensbury, Warren County, New York— LaBella Review Letter dated, December 20, 2023 Dear Mr. Brown, We are in receipt of the review letter provided Labella Associates, DPC, dated December 20, 2023 pertaining to the above referenced project located In the Town of Queensbury, NY. We offer the following responses to the technical comments provided in the aforementioned comment letter: Comment No. 1: "The applicant has acknowledged that a waiver will be required for the proposed septic system. Most notably, the proposed location for the system has only 6 inches of naturally occurring soft above seasonally high groundwater, while the DOH requirement is 12 inches and the Town of Queensbury Code Section i36-10.B(1) requirement Is 3 feet. While we defer to the local health department review in regard to the consideration of this waiver application, we are concerned that the extend of the deviation from standards being considered here Is extreme and may be outside the spirit of the waiver process. ' Response to Comment No. 1: This comment is noted. It is our opinion, based on previous experience with the Town of Queensbury 'Local Board of Health (LBH), that the waiver request Is within the character of the waivers that have been historically approved by the LBH. Additionally, It appears that a mound system, with similar groundwater and soil conditions, was approved and constructed on the adjacent property (tax parcel ID 227.17-1-31) east of the site. Comment No. 2: ?he applicant has acknowledged a legally binding agreement and easement will be needed to allow a septic system on a neighboring property, We defer to the Town's attorney on this matter.' Response to Comment No. 2: The easement terms were provided to the Town on 10/18/2023. Comment No. 3: "The grading plan shows the that a portion of the absorption bed area will be located within the sloped taper area, which is not acceptable. The grading must be revised so that the entirety of the absorption bed Is within the level portion of the mound.' 74 warren Street I P.O. Liao 272 1 Saratoga Springs, NY 22866 1518.450.4030 Response to Comment No. 3: The grading plan has been revised accordingly and is attached to this correspondence. Comment No. 4: *The hatched areas labeled on the grading plan asfuture expansion area appear to actually be the calculated basal area. The callouts on this sheet should be clarified! Response to Comment No. 4: The grading plan has been revised accordingly and is attached to this correspondence. The hatched areas indicated on the plans are the future expansion area. The basal areas Indicated are the calculated basal areas assuming lv.3h taper slopes. The property owners have requested that the mound tapers be extended for aesthetic reasons. As such, the taper extension was conservatively not included in the basal area calculations. Comment No. 5: "The separation distance between two mound systems Is measured from toe of mound to toe of mound, and Is not related to the basal area calculation. The applicant is showing a single mound shared by the two proposed systems. if the two systems had their own mounds, and given the 3.1 taper slope and approximately 3 feet of mound height; the recommended distance between the absorption bed to absorption bed would be approximately50 jeer. As laid out, the applicant is shawing approximately 40 feet of separation from absorption bed to absorption bed. it appears the configuration of the two systems could be modried to achieve more separation, specifically by making the two beds run parallel to each other. Given the marginal nature of the site (see comment#1 above), we recommend that the Board require the applicant to meet the recommended separation distance. ' Response to Comment No. 5: The absorption beds have been revised to provide the requested W separation distance as Indicated on Drawing L-3.10 attached to this correspondence, if you have any questions, please contact the undersigned at (518) 450-4030. Sincerely, Matthew E. Huntington, PE Principal For Studio A I Landscape Architecture + Engineering Enclosures: Drawing L-3.10, revision date 1/9/2023 6 Wid a maw QM FAM ORMULMOM 00 gill It It i , f• ► {'' 1 ��Ifi�f it I E! f, 11 f 04 1! IN LId E if fif - � X 1 Will iffiiNil Of it It r y ( .iltii4�lfsiilitI k.k . + E 1 ' ;"• � -, - ,y_� '_ ` •. �`� �;�1 t#stl1��111 1 �TItE�� If III!• w � �� Y`! •w••w'�� ' SEPTIC VARIANCE 7nvoioe nly APPLICATION To4wn orckwcma 742 Bay Road, Queensbury, NY 12804 Approvals: P: 518-761-8256 www aueensburv•net Submittal: 1 (one) original & 8 copies of the completed application package PLEASE PRINT LEGIBLY OR TYPE, PLEASE INCLUDE AN EMAIL Section 1: Contact Information: Property Owner{s}: David and Theresa Ries owners Agent: BWd1oA Lands pe AICWftd Q k Fn9inexing CPC Address: 23 Pinehurst Lane Address: 38 High Rock Ave. Suite 3 PO Box 272 Slingerlands, NY 12159 Saratoga Springs, NY 12866 Phone #: Phone #: 518-450-4030 Email: David Mterranovabi .com Email: mhuntingtonCstudioadpc_com Section 2- Site Information: Site Address: $ Seelye Rd North Tax ID#: 227. 17-1 -24 Directions to Site: East on Rockhurst Rd to Seelye Rd. North Section 3- Distance from well on property to septic system {if applicable} N/A feet Section 4: Is it possible to install a conforming septic system on this property? ❑ Yes Q No If YES, please explain and attach a diagram. Section 5- Does the proposed system meet setback requirements for distance from wells & septic systems on neighboring properties? QYes 0 No If NO, please explain: Section 6- Is the proposed system to be installed under a parking area? ❑ Yes FEffl No Section 7- Section of the Sanitary Sewage Ordinance from which you are seeking the variance (Le, leaching system be 89 ft. from well in lieu of required 100 ft.): 1 -Town Code ection: 136-1 O(B)(1 ) - Groundwater a 6 BGS 2 . Town Code Section 136 appendix A - Fill or built ups shed December 2621 Septic variance Application 4 frOm dweliinl Section S: List the names, parcel addresses, and tax map numbers of all adjoining property owners, You may obtain this information from the Town of Queensbury's Assessor's Office: North Name Geraldine Eberlein George Russo Address 12 Seelye Rd . North 16 Waters Edge Dr. Tax Map ID 227 . 17-1 -25 227 . 17-1 -27 South Name Ruditsky Property Management, LLC George Rexford Moon Address 62 Seelye Rd 50 Seelye Rd Tax Map IDS 227 . 17-2-20 227 . 17-2-21 East Name Robert End Address 8 'Waters Edge Drive Tax Map ID 227 . 17-1 -31 West Name East Lake George House LLC Address 9 SEELYE R.D . NORTH Tax Map ID 227 . 17-1 -60 Section 9 OWNER STATEMENT I/We do hereby relieve the Town of Queensbury from any liabilities on the plumbing and septic system located at: 8 Seelye Rd. N I/We realize that putting the well, septic tank or leaching system less than the required 20 feet from the building foundation may increase the risk of pollution. David Ries and Theresa Ries Owner—Print Name: Owner—Signature: Date. r Section 10• NEIGHBOR OR TENANT RELEASE STATEMENT (if applicable) I/We do hereby relieve the Town of Queensbury from any liabilities on the plumbing and septic system located at: I/We realize that putting the well, septic tank or leaching system less than the required feet from the may increase the risk of pollution. Neighbor/Tenant—Print Name : Neighbor/Tenant-Signature: Elate. Remised December 2021 septic variance App 19 cation PLEASE ATTACH THE FOLLOWING TO YOUR APPLICATION: 1. A location map showing the site within the Town of Queensbury 2. A plot plan showing existing and proposed features of the property, including: a. Lot dimensions b. North arrow and scale: 1 inch=40 feet c. Location & dimensions of existing and proposed buildings, showing setback distances and uses d. Parking layout to scale (if applicable) e. Physical features (street, steep slopes, lakes, wetlands, etc.) C Location of all wells and septic systems on neighboring properties g. Adjacent ownerships h. All properties within 500 feet A sample plot plan and location are shown below: WWWA Poke t HOLM OIYI ( r�.n I C.wnM.ry { �F11111YA4 � .�•J r�- Revised December 2023. Septic Variance Application r Section 11: AUTHORIZATION AND SIGNATURE PAGE This page includes the Authorization to Act as Agent form, engineering fee disclosure, authorization for site visits, other permit responsibilities and agreement to provide documentation required. Complete the following if the OWNER is using an Agent: owners Name: David and Theresa Ries 3tWb A Lands pn Archne Uft 6 Engi"aNrp, DFC 8 Seelye Rd North Designates: as agent regarding the Septic Variance for Site Address: 8 SEELYE RD N Tax Map #: 227. 9 7- 1 -24 Engineering Fee Disclosure: Applications may be referred to the Town consulting engineer for review of septic design, storm drainage, etc. as determined by the Town Board of Health. Fees for engineering review services will be charged directly to the applicant. Authorization for Site Visits: By signing this page and submitting the application materials attached herein, the Owner, Applicant and his/her/their agent hereby authorize the Town Board of Health, building and code Enforcement Officers and Town Engineer to enter the subject properties for the purpose of reviewing the application submitted. Please Note: Other permits may be required for construction or alteration activity subsequent to approval by the Town Board of Health. It is the applicant's responsibility to obtain any additional permits. Official Meeting Minutes Disclosure: It is the practice of the Town Board of Health to have a designated stenographer tape record the proceedings of the meetings resulting from the application, and that the minutes transcribed from those tapes constitute the official record of all proceedings. if there is a discrepancy between such record and the handwritten minutes taken by the designated stenographer, the handwritten minutes shall be deemed the official record. 1, the undersigned, have thoroughly read and understand the instructions for submission; agree to the submission requirements and completed checklist: David Ries Theresa Ries OWNER-(PRINT NAME: ! ,r7 OWNER-SIGNATURE: V DATE: ilG•r, `Gh AGENT-PRINT NAME: Matthew Huntington AGENT-SIGNATURE: DATE: 0/16f2023 Septic Variance Application Remised December 2021 r. TERMS FOR PROPOSED AGREEMENT FOR SEPTIC SYSTEM (to be done, prior to the actual easement being twegared and sinned) Terms for proposed Agreement between David K. Ries & Theresa M. Ries, (owners of 8 Seelye Road N., Queensbury, NY 12804) and Geraldine Eberlein (owner of 12 Seelye Road N. , Queensbury, NY 12804), which would allow for creation of an Easement for installation of a septic system on 8 Seelye Road N., Queensbury, NY that would service the premises at 12 Seelye Road N „ Queensbury, NY. COST OF DESIGN AND INSTALLATION OF SEPTIC SYSTEMS & STORMWATER DRAINAGE SYSTEM 1 . Eberlein shall pay for the design and installation of the new septic system for 12 Seelye Road N., per Studio A Engineer's updated septic system plans, including installation of the tank, piping, junction and distribution boxes, leechfield and mound. Further, this shall include the delivery and distribution of the fill, including any excess fill that may be needed and/or required by the Town of Queensbury, for the system at 12 Seelye Road N. 2. Ries shall retain Studio A Engineer for engineering and design plans for new/updated septic system for 8 Seelye Road N., including installation of the tank, piping, junction and distribution boxes, leechfiekd and mound. Further, this shall include the delivery and distribution of the fill, including any excess fill that may be needed and/or required by the Town of Queensbury, for the system at 8 Seelye Road N. 3. Eberlein shall pay for the materials and installation of the drainage system as outlined in the drawings made by Studio A Engineering. Future maintenance and repairs will be at Eberlein's expense. COST OF MAINTENANCE AND REPAIRS TO EACH SEPTIC SYSTEM 4. Eberlien shall undertake any and all maintenance, including, but not limited to repairs to the Septic system designated for 12 Seelye Road N. Maintenance shall also include the following: a. The cost to mow and landscape the area for the septic system for 12 Seelye Road N. , including any additional landscaping that may be required by the Town Board fear issuance of the variance. b. The underground portions of the septic system, including but not limited to the lines and junction box. 5. Ries shall undertake any and all maintenance, including, but not limited to repairs to the Septic system designated for 8 Seelye Road N. Maintenance shall also include the following. c_ The cost to mow and landscape the area for the septic system for 8 Seelye Road N. d. The underground portions of the septic system, including but not limited to the lines and junction box. S. In the event there are any operational problems, issues and/or repairs that arise with the septic system at 8 Seelye Rd N and/or 12 Seelye Road N., the owner of the property experiencing the issues must immediately undertake, within at least three (3) days from discovery of the issue, for remediation and/or repair by a licensed septic contractor, at that party's expense. a. In the event said problems also affect the proper operation of the other septic system, the party will also undertake any repairs to enable proper operation of the septic system, at said party's expense. b. In the event either party fails to address the necessary repairs or remediation, which may also cause damages to the other septic system, that party may undertake the repairs or remediation and will be immediately reimbursed by the other party accordingly. c. In the event any problems or issues arise that also impact and/or affect the adjoining/abutting properties to the septic system areas, the party whose system creates the issue assumes responsibility for any costs and remediation of issues with those properties and shall hold the other party harmless from any and all liability, damages and/or injuries that are incurred. The parties agree that an additional agreement will be simultaneously executed with respect to the construction of the home at 12 Seelve Road N and adjustment of the current easement-granted to 8 Seelve Road N. for access to the dock. The terns are to be as follows: PROPOSED AGREEMENT FOR CONSTRUCTION OF HOME AT 12 SEELYE RD N and AMENDED EASEMENT TO DOCK [A separate agreement to be simultaneously executed with the above agreement for the 8eptic3 7. Eberlein agrees to modify the existing home construction plans for 12 Seelye Road N., so that the new foundation is two (2) feet from the existing telephone pole in the direction of the existing foundation_ 8. Upon approval for construction of home on 12 Seelye Road is obtained from the Town, both parties agree that the existing dock access easement shall be amended. The access shall be amended from three (3) feet along the west fence line of 12 Seelye Road to three (3) feet along the east fence line of 12 Seelye. Eberlein shall create and maintain a footpath as part of this easement to allow for 8 Seelye Road to access the dock. 9. During excavation and construction of both the septic system area located on 8 Seelye Road N. , as well as the construction on 12 Seelye Road N., Eberlein will insure that Ries will continue to have access to the dock for 8 Seelye Road N. Eberlein will insure that no construction equipment, materials, will block or impede dock access for Ries. In the event Eberlein is notified that Ries is unable to access the dock due to construction equipment, materials or the like, Eberlein must immediately undertake to reinstate Ries' access to the dock. 10. Eberlein will insure that Ries will continue to have ingress and egress on Seelye Road N. (which is a public road), to access the property at 8 Seelye Road N. Eberlein will insure that no construction equipment, materials, etc, will block the road access. Further, Eberlein agrees that no construction equipment, materials and the like will be stored on 8 Seelye Road N. for purposes of construction of 12 Seelye Road N. Only the necessary materials and equipment necessary for installation of the septic system will be allowed on 8 Seelye Road N. In the event, equipment, materials and the like are on 8 Seelye Road N. without the knowledge and agreement of Ries, Ries will promptly notify Eberlein and Eberlein will undertake for the removal. In the event Eberlein fails to have the same removed, Ries may undertake for removal at Eberlein's expense. 11 . Eberlein's liability insurance shall include coverage for any injuries and/or property damage to 8 Seelye Road N. , due to the construction of the septic systems on 8 Seelye Road N. and construction of the home on 12 Seelye Road N. Eberlein shall hold Ries harmless and indemnify Ries for any damages and/or injuries that may occur to or caused by Eberlein, EberleiWs agents, contractors and/or licensees. EFFECT OF 2014 AGREEMENT ON PROPOSED SEPTIC AGREEMENT AND EASEMENTS In the event the Town grants approval of the septic variance and construction of the home, the 2014 agreement would merge with the new septic easement, to be granted by Ries for the benefit of 12 Seelye Road N , Further, Eberlein would amend the current dock access easement as described above for the benefit of 8 Seelye Road N. In the event the Town does not grant approval of the septic variance but allows for construction of the home with an alternative septic system or septic system located on 12 Seelye Road N and Eberlein agrees and proceeds with that alternative system and construction of the home, the 2014 agreement remain in effect for a period of eight (8) years from the time the septic variance is denied. In the event the construction of the home would affect the current dock access easement as anticipated, Eberlein would amend the current dock access easement as described above for the benefit of 8 Seelye Road N. In the event the Town does not grant approval of the septic variance or the construction of the home, the 2014 septic agreement will remain in effect for a period of eight (8) years from the date the Town issues the denial of the variance applications. After that date, the 2014 agreement will be rescinded and revoked by i r the parties. Further, the parties do not need to grant the respective easements outlined in the agreement. IN WITNESS WHEREOF, the parties heret have sed t is ag bm t to be executed as of this " day of September, 202 . David K. Ries ' eresa . Ries Geraldine Efberlei4