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1.2 1.2 WASTEWATER-SEWER'Approve-Deny'Ries Replacement—Groundwater Below Surface Share BwItup Mounded System With Neighboring Property Eberlem to Dwelling-ETU— In APA—2-26-2024 RESOLUTION APPROVING DAVID AND THERESA RIES' APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: 12024 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, David and Theresa Ries (Applicants) filed an application for variances from Town of Queensbury On-Site Sewage Disposal Ordinance 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 Seelye 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; 2. Fill or built-up system to be located 4' from the dwelling in lieu of the required 20' setback; and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday, February 26th, 2024, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED,that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of David and Theresa Ries for variances from the Sewage Disposal Ordinance 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 Seelye Road North (Tax Map No.: 227.17-1-24) to serve 8 Seelye Road North and property located at 12 Seelye Road North(Tax Map No.: 227.17-1-25) 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. Fill or built-up system to be located 4' from the dwelling in lieu of the required 20' setback; and BE IT FURTHER, RESOLVED, that the Enhanced Treatment Unit (ETU) shall be maintained by the property owner in accordance with the manufacturer's recommendations for the life of the system, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park Agency during such period. Duly adopted this 26t'day of February, 2024,by the following vote: AYES NOES ABSENT: SEPTIC VARIANCE Office Use On Permit #: APPLICATION Permit Fee: $ rtamwm of eXWCV Invoice #: 742 Bay Road, Q,ueensbury, NY 12804 P. 518-761-8256 www.aueensbrury.net Approvals: 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 Owners): David and Theresa Ries Owner's Agent; �"""°"' end ""` °""° r"E"°"*°d"° COM 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: am cxid terranovabi.com Email: mhuntington aastudioadpc.com Section 2• Site Information: Site Address: 8 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 instal! a conforming septic system on this property? ❑ Yes 0 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? ME Yes ❑ No If No, please explain: Section fi• Is the proposed system to be installed under a parking area? ❑ Yes 0 No Section 7: Section of the Sanitary Sewage Ordinance from which you are seeking the variance (i.e. leaching system will be 89 ft. from well in lieu of required 100 ft.): 1 •Town Code ection: 136-10(BB)(1 ) - Groundwater @ 6 BGS 2. Town Code Section 136 appendix A - Fill or built up System ld ecember 2021 Septic Variance Application 4 from dwellin. eire Section 8: 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. 1 7�1 -27 South Name Ruditsky Property Management, LLC George Rexford Moon Address 62 Seelye Rd 50 ,Seelye Rd Tax Map ID 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 RD . NORTH Tax Map ID 22 7 . 17-1 -60 Section 9• OWNER STATEMENT I/We do hereby relieve the Town of Queensbury from any Ilabilities on the plumbing and septic system located at: a 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: P o / / Owner—Signature: Date: JrJ,, Section 10: NEIGHBOR ORTENANT RELEASE STATEMENT lff 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: Date: septic variance Application Revised December 2021 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.) f. Location of all wells and septic systems an neighboring properties g. Adjacent ownerships h. All properties within 500 feet A sample plot plan and location are shown below: Sr Lwaiion MgO wpww,a[ ZM. : r r�-- 1wwEnc.. ..ps•Se.k r Septic Variance Application Revised December 2021 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: Owner's Name: David and Theresa Ries en,mo A w,d.a.in AnOWOCIUM a EWi n"�rtil, occ 8 Seelye Rd North Designates: as agent regarding the Septic Variance for Site Address: 8 SEELYE RD N Tax Map #: 227 . 17- 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. I, 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: A OWNER—SIGNATURE: L) Ins DATE: " AGENT—PRINT NAME, Matthew Huntington AGENT—SIGNATURE: DATE. 10/1612023 Septic Variance Application Revised December 2021 TERMS FOR PROPOSED AGREEMENT FOR SEPTIC SYSTEM Ito be done prior to the actual easement beling prepared and signed) 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 . Eber leln 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. Ieechfield and mound. Further, this shall include the delivery and distribution of the fill, Including any excess Oil 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 eng€veering and design plans for new/updated septic system for 8 Seelye Road N., 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 8 Seelye Road N. 3. Eberleln 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 Ebarleln's expense. COST OF MAINTENANCE AND REPAIRS TO EACH SEPTIC SYSTEM 4. Ebedien shall undertake any and all maintenance, including, but not limited to repairs to the Septic system designated far 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 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 followng: 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. Id 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 immed€ately 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 Seelye Road N and adjustment of the current easement granted to 8 Se+el a Road N. for access to the dock. The.terms 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 septic) 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. Eberieln 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, Eberieln 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 See" Road N. In the event, equipment, materials and the like are on 8 Seelye Road N. without the knowledge and agreement of Ries, Flies will promptly notify Eberleln and Eberlein will undertake for the removal. In the event Eberlein falls to have the same removed, Ries may undertake for removal at Eberleln's expense_ 11 . Eberiein'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. Eberlein's agents, contractors and/or licensees. EFFECT OF 2014 AGREEMENT ON PRQPOSED 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, Eberiein would amend the current dodk 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 a[ternative 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, Eberle[n 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 efilact 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 heret have sedNisYE?m7tobe executed as of this : day of September, 202 r ©avid K. ies eresa M. Ries Geraldine erlei