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1.06 1.6 WASTEWATER-SEWER\Set PI FEberlean-Replacement—Groundwater Below Surface Share System With Neighboring Property Reis Effluent to Property Lane—In APA-2-12-2024 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF GERALDINE EBERLEIN 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, Geraldine Eberlein (Applicant) has 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 8 Seelye Road North to serve 8 Seelye Road North and Applicant's property located at 12 Seeyle 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; 2. System to be placed on a neighboring property - identified as 8 Seeyle Road North in accordance with: a) drawings prepared by Studio A Landscape Architecture dated 5/9/2023; and b) an Agreement between Applicant and David K. Ries and Theresa M. Ries dated September 7, 2023; both of which documents are part of the variance application; and 3. Effluent line to be located 0' from the property line in lieu of the required 10' 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 Geraldine Eberlein's sewage disposal variance application concerning property located at 12 Seeyle Road North in the Town of Queensbury (Tax Map No.: 227.17-1-25) 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: PM 12 4 SEPTIC VARIANCE Office Use r'i � , Permit # '` �� o , APPLICATION Permit Fee: 4 C) , Town of CWC rF Invoice #: „�Et1V8URY 742 Bay Road, 4ueensbury, NY 12804 Approvals: TLEt�K'S } P: 518-761-82SS www.aueensbury.net $ Submittal: I (one) original & 8 copies of the completed �ip�lica�ion. package PLEASE PRINT LEGIBLY ©R TYPE, PLEASE INCLq ENIIL " ! section 1: :, JAN 3 0 20,24 Coma t Informadon: _ Property owner(s): Geraldine Eberlein Owner's Agent: $ki`"DA"ntl"°'a Arch. +a p pP.c. Address: 2 Essex Street Address38 High Rock Avel Po Box 272 Malta, NY 12020 Saratoga Springs, NY 12866 Phone # 51 $441 -$$ 11 Phone 4: 5,.+' 1 $-450 4030 Email: geberleln©622 cx gmail.com Email: mhulntington(,.ap" studioadpc.com Section 2. Site Information: Site Address: 12 Seeyle Road North Tax iD#: 227• 17A1 25 Directions to Site: North off of Seeyle Road and East of Seeyle Road North Section 3: Distance from well on property to septic system (if applicable) NIA feet Section 4• Is it possible to install a conforming septic system on this ,property? [] Yes No If YES, please explain and attach a diagram: Section S: Does the proposed system meet setback requirements for distance from wells & septic systems on neighboring properties? QYes [] No If NO, please explain: Section 6• is the proposed system to be installed under a parking area? ❑ Yes W No Section 7: section of the Sanitary Sewage Ordinance from which You are seeking the variance i.e. lea hint system will be 89 ft. from well in lieu of required 100 ft.): 1 • Town Code Section: 136-10(B)(1 ) - Grounrlwa er M 6" BGS 2. Placement of system on neighboring property septic Variance Application 3. Town Code 'Section 136 Appendix A - Revised December 2021 Effluent line separation to property line = aft. Section g• 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 Lake George Address Tax Map la South Blame David K. Ries Address 8 Seeyle Road North Tax Map ID 227. 17-1 -24 East Name Ronald Taylor Address 16 Waters Edge Drive Tax Map ID 227 . 17-1 -28 West Name East Lake George House LLC Address 9 Seeyle Road North Tax Map ID 227 . 17-1 w60 Section 9: OWNER STATEMENT k/We do hereby relieve the Town of Queensbury from any liabilities on the ,plumbing and septic system located at: 12 seayfe Road North i/we realize that putting the well, septic tank or leaching systemless than the required 3 feet from the groundwater table may increase the risk of pollution. Owner—Print Name: M CWJ Owner—Signature: Date: J Z Section 10. !NEIGHBOR OR TENANT RELEASE STATEMENT (¢applkoble) I/We do hereby relieve the Town of Queensbury from any Ilabillties 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. Neigh bor/Tenant-signature: Date: Revised oacember 2021 Septfc Variance Application SEPTIC VARIANCE once Use On! s Permit #: Tap7r +ari�ircllc �. APPLICATION Permit Fee: Invoice #: 742 Bay Road, t3ueensburY, IVY 12804 ` P: 518-761-8256 www aueensbury net Approvals: 7y S Submittal: I (one) original & 8 copies of the completed application package PLEASE PRINT LEGIBLY OR TYPE, PLEASE INCLUDE AN EMAIL Section 1• JAN 3 0 Contact Information: Prop" owner(s): Geraldine Eberlein Owner's Agent: MUM) A Lancftcpe Arch. + Eny- a-P.c. Address: 2 Essex Street Address: 38 High Rock Avel PO Box 272 Malta, NY 12020 Saratoga Springs, NY 12866 phone #: 518-441 -881 1 Phone #: 51 $-450--4030 Email: geberIe1n0622@?gm k ail.com Email: mhuntingtonastudioadpc.com section 2• Site Information: site Address: 12 S'eeyle Road North Tax IDs: 227017-1 -25 Directions to Site: North off of Seeyle Read and East of Seeyle Road 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 ❑E 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 ❑ No If N€), please explain: Section 6• Is the proposed system to be installed under a parking area? T Yes Q No Section 7• Section of the Sanitary Sewage Ordinance from which ou are seekin the variance i.e. leaching system will be 89 ft. from well in lieu of required 100 ft.): 1 • Town Code i9eCtlion: 13 sF -1 B(B)(1 ) - roundwa#er tM 6" BGS 2. Placement of system on neighboring property Septic Variance Application 2. Town Code Section 136 Appendix A - Revised December 2021 Effluent line separation to property line = Oft. r Section 119 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: Geraldine Eberlein swam A Landscape Arch. � �• D.P.C. as agent re ardlrig the Septic Variance for a Raised System Designates: $ Site Address: 12 Seeyle Road North Tax Map #: 227, 1 ?-2-2'5 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 -flown Engineer to enter the subject properties for the purpose of reviewing the application submitted. Please Note: Other permits may be required for construction or alteration activity subsequent to approval by the Town Board of Health. It is the applicant's responsibility to obtain any additional permits. Official Meeting Minutes Disclosure: it is the practice of the Town Board of Health to have a designated stenographer tape record the proceedings of the meetings resulting from the application, and that the minutes transcribed from those tapes constitute the official record of all proceedings. If there is a discrepancy between such record and the handwritten minutes taken by the designated stenographer, the handwritten minutes shall be deemed the official record. I, the undersigned, have thoroughly read and understand the instructions for submission, agree to the submission requirements and completed checklist: OWNER—PRINT NAME: tv C OWNER--SIGNATURE: �~ DATE: c' Z AGENT—PRINT NAME. Studio A, 'Landscape Architecture & Engineering , D . P.C. (Matthew Huntington , PE) AGENT—SIGNATURE: DATE: 5/10/2023 Revised December 2021 Septic Variance Appiication PLEASE ATTACH THE FOLLOWING TO YOUR APPLWATIOM; 1. A location reap 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.) f. 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: .ter'" _- •�-c ........g.n�lACaliat IRep �, 1� IMAGhI.M W&MS u+t PIN +r Ulm If "lbia SUM r Septic ViWanoe Applicatlort Revised December 2021 PLEASE ATTACH THE FOLLOWING TO YOUR APPLICATION: 1. A location reap 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.) f. Location of all wells and septic systems on neighboring properties g. Adjacent ownerships h. All properties within SOO feet A sample plot plan and location are shown below: i i.Mc.ny,i ' f l I M ,. WIM MWEMR& IN a Kam '`"' � IE M�wrfsfP r w „r+ Kwh 011 W. Septic Variance Application Revised December 2021 TERMS FOR PROPOSED AGREEMENT FOR SEPTIC SYSTEM [to be done prior _to the actual easement being nrenarred„an"anedl . ._ Temps for proposed Agreement between David K. Ries & Theresa M. Ries, (owners of 8 Seelye Road N., Queensbury, NY 12804) and Geraldine Ebedein (owner of 12 Seelye Road N., Queensbury. NY 12804), which would allow for creation of an Easement for installation of a septic system on S Seelye Road K. Queensbury, NY that would service the premises at 12 Seelye Road N.. Queensbury, NY. I COST OF DESIGN AND INSTALLATION OF SEPTIC SYSTEMS & STORRMWATER DRAINAGE SYSTEM 1 . Ebedein 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 Installartion of the tank, piping, Junction and distribution boxes, leechfield and mound. Further, this small include the delivery and distribution of the fifl, 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, leechfreld 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. Ebedein 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 Eberleln's expense. COST OF MAINTENANCE AND REPAIRS TO EACH SEPTIC SYSTEM 4. Ebert€en shall undertake any and all maintenance, including, but not limited to repairs to the Septic system designated for 12 See" Road N. Maintenance shall also include the foilowing: a. The cyst to mow and landscape the area for the septic system for 12 Seeiy+e Road N.; including any additional landscaping that may be required by the Town Board for 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 maw and landscape the area for the septic system for 8 Seelye Road N. & The underground portions of the septic system, including but not limited to the lines and junction box. 6. 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 partys 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 adjoininglabutting 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 Seelye Road N and adjustment of the current easement Granted to 8 Seelye Road N. for access to the dock. The-terms are to be as follows PROPOSED AGREEMENT FOR CONSTRUCTION OF HOME AT 92 SEELYE RD N and AMENDED EASEMENT TO DOCK (A separate sarersment to be weeee simultaneously executed with the above agreement for the septic) ?. 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„ Eberieln will insure that Ries will continue to have access to the dock for 8 Seelye Road N. Ebedeln will insure that no construction equipment, materials, will block or impede dock access for Ries. In the event Eberleln is notified that Ries 1s 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. Eberleln 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. Ebe"n will insure that no construction equipment, materials, etc. will block the road access. Further, Eberleln agrees that no construction equipment, materials i 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 Eberisin will undertake for the removal. In the event. Eberlein fails to have the same removed. Ries may undertake far removal at Ebertein's expense. i 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 Ebedein, Eberlein's 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, Ebe"n would amend the current dock access easement as described above fnr the benefit of 8 Seelye Road N. In the event the Town does not grant approval of the septic variance but allows far construction of the home with an alternative septic system or septic system located on 12 Seelye Road N and Ebe"n agrees and proceeds with that altemative system and construction of the home, the 2014 agreement remain in effect fror 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 far the benefit of 8 See" Road N. In the event the Town dries 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 the parties. Further, the parties do not need to grant the respective easements outlined in the agreement. IN WITNESS WHEREOF, the parties hpretk have GIL sed t is ag m t to be executed as of this "'7 day of September, 202 . David K Ries Weresa W Ries Geraldine HbOirlejh -- 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: johnstaxqueensbury net RE: Town Board Review Eberteln-Ries Septic Variance 12 Seetye Road North Town of Queensbury, Warren County, Now York LaBetla Project No, 2220"Sv95 Dear Mr. 5trough 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 now onsite wastewater treatment systems on the same parcel. Information submitted to our office for review includes the following: Comment response letter prepared by StudioA, dated January g. 2024 (2 pages). Utilities Plan, prepared by StudioA, last revision date January g. 2024 (1 sheet). Based upon our review of the information submittedw 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 Paul +Guillet, PE L,aBeUa Associates P.C. 120 Etm Street. Suite 10o I Glens Fa Us. NY =801 voww.labeUapc.com Senior Civil Engineer Attachments. none CC, John O'Brien. Director of Buildings and Cosies Enforcement {via emaiU Erin O'Donnell 2 studioA Landscape Axdiltecture + Engineering, DPC January 9, 2024 Mr. Craig Brown Zoning Administrator and Code Compliance Officer Town of Queensbury 742 Bay Road Queensbury, NY 12804 Re: Eberlein-Ries Septic Variance 'own of Queensbury, Warren County, New York— LaBelia 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 soil above seasonally high groundwater, while the DOH requirement is 12 inches and the Town of Queensbury Code Section 136-10.8(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: "The 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. Box 272 1 Saratoga Springs, NY 12866 1 518.450.4030 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 os future 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 approximately 50 feet. As laid out, the applicant is showing approximately 40 feet of separation from absorption bed to absorption bed. It appears the configuration of the two systems could be modified 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. S. The absorption beds have been revised to provide the requested 50' separation distance as indicated on Drawing L-3.10 attached to this correspondence. If you have any questions, please contact the undersigned at (S18) 450-4030. Sincerely, 010e wee Matthew E. Huntington, PE Principal For Studio A j Landscape Architecture + Engineering Enclosures: Drawing L-3.10, revision date 1/9J2023 .[ 11# „' 4 4 AMN 0111 walaineo 39N90r11 rumor+aror J 00 q �iit1�#1 sI lei t �lei all ill g Oil IV �a _ ^8 998i4}11lit { � l r,:tl n `'f f .r \� ; ' ~Yf` r •+ • a1 li! }1y � !! , t � nR•gi'ii._�. °ec 4�1) + Illi #� � F !! 1°IF ���� ill ;1 ' �i F ; Ei � `Fj R it 1111111 {q gp lit 1t1[„1111 111 { r e a i r i f i i i to / l ` lit at I'll 1 o IF Irie oil I r # 1 Jill 11dr �r H Id it Jill ;1�� � �1 him sis,it 1.1 it 1 R at rF •'t' 1 1 � r r • � Ilri � �1 it 31 , jj ;' EE tt FF Y ti