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1.2 1.2 SETPH.VAR\Roglieri-Holding Tank Smaller Than Required-12-3-18 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF KRIS ROGLIERI RESOLUTION NO.: ,2018 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, Kris Roglieri has applied to the Local Board of Health for a variance from Chapter 136, §136-11 which requires applicants to obtain a variance for holding tanks, as Mr. Roglieri wishes to maintain an existing 500 gallon holding tank on an accessory structure/garage rather than expand to a required 2,000 gallon holding tank on property located at 40 North Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, December 17r'', 2018 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Kris Roglieri's sewage disposal variance application concerning property located at 40 North Road in the Town of Queensbury and bearing Tax Map No.: 302.7-1-37 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 3rd day of December, 2018,by the following vote: AYES NOES ABSENT: PAUL E.PONTIFF BARTLETT,PONTIFF, STEWART & RHODES, P.C. ELISABETH B.MAHONEY ALAN R.RHODES JOHN D.WRIGHT ROBERT S.MCMILLEN ATTORNEYS AT LAW JESSICA HUGABONE VINSON PHILIP C.MCINTIRE P.O.BOX 2168 GREGORY J.TERESI MARK A.LEBOWITZ ONE WASHINGTON STREET J.LAWRENCE PALTROWITZ GLENS FALLS,NEW PORK 12801-2168 BENJAMIN R.PRATT,JR. MALCOLM B.O'HARA OF COUNSEL PATRICIA E.WATKINS MARK E.CERASANO BRUCE O.LIPINSKI TELEPHONE(518)792-2117 RICHARD J.BARTLETT PAULA NADEAU BERUBE FAX(518)792-3309 1926-2015 JONATHAN C.LAPPER EMAIL info(anbpsrlaw.com ROBERT S.STEWART JAMES R.BURKETT WEBSITE www.bpsriaw.com 1932-2001 STEFANIE DILALLO BITTER BERTRAM J.DUBE KARLA WILLIAMs BUETTNER SERVICE BY FACSIMILE NOT ACCEPTED 1916-1999 November 28, 2018 Supervisor John Strough 7. ' Town of Queensbury Town Board ` IV 742 Bay Road Y Queensbury NY 12804 i t �Jr Re: Kris Roglieri r 40 North Road- Tax Map Parcel 302.7-1-.37 , , Dear Supervisor Strough: Please be advised that I have been retained by Kris D.Roglieri relative to the septic variance he is seeking for his property at 40 North Road. Specifically,he is seeking to maintain a 500 gallon plastic septic holding tank with water tight seal. This holding tank was installed to support an accessory structure that was constructed for the purpose of storing the Applicant's automobile collection. The accessory structure is a 3000 square foot garage that maintains a bathroom. The bathroom is used on occasion,but due to the fact that the structure is approximately 200 feet from the residence it is convenient for its purpose. The Applicant's contractor failed to obtain permits for the building,so the holding tank was constructed prior to realizing that it required a septic variance. This property is 14.19 acres in size and is a secluded parcel with a long private driveway. The residence maintains public water and sewer, but the residence is closer to the road and the connections of these utilities. For its limited purpose,connection to the main public sewer line was not considered a feasible alternative. This holding tank does not encroach on any of the distance requirements set forth in Appendix. The holding tank does not meet the size requirement under the Town of Queensbury Code, but as identified the purpose of this 500 gallon tank is to support a bathroom. No bedrooms are in this structures. The Applicant has a contract with IBS to pump the system and assist in performing regular maintenance. Supervisor John Strough Town of Queensbury Town Board November 28, 2018 Page Two Please place this on your December 3, 2018 agenda. Sincerely, B le , Pontiff, Stewart des, P.C. St fanie iLallo Bitter Di ct ' e: (518) 832-6419 Direct E-mail. sdWhosrlaw.com SDB cc: Kris Roglieri 563198 SEPTIC VARIANCE Office Use Only Received: APPLICATION Permit#: Town Permit Fee: 742 Bay Road,Queensbury,NY 12804 P:518-761-8256 www.aueensbury.net Invoice#: Approvals: Submittal: I original&8 copies of the completed application package Property Owner(s): Kris Roglieri Owner's Agent: Bartlett, Pontiff, Stewart& Rhodes Address: 40 North Road Address: One Washingtin Street PO Box 2168 Queensbury NY 12804 Glens Falls, NY 12801 Phone#: 518-852-9933 Phone#: 518-832-6419 Site Address: 40 North Road Tax ID#: 302.7-1-37 Directions to Site: South on Bay, to Right on Garrison, to right on North Road. Home is located at the end of North Rd. Distance from well on property to septic system (if applicable) n/a feet Is it possible to install a conforming septic system on this property? x Yes No If YES, please explain and attach a diagram: Although it may be deemed possible, the septic is a second system for the garage. Does the proposed system meet setback requirements for distance from wells&septic systems on neighboring properties? x Yes No If NO, please explain: Is the proposed system to be installed over a parking area? Yes x No Section of the Sanitary Sewage Ordinance from which you are seeking the variance (i.e. leaching system will be 89 ft. from well in lieu of required 100 ft.): Section 136-11 Request undersized holding tank, minimum size requirement is 2000 gallon. Applicant is seeking to maintain a 500 gallon tank. List the names, parcel addresses, and tax map numbers of all adjoining property owners. You may obtain tax map numbers from the Assessor's Office as well as the names and addresses: North Name See attached Address Tax Map ID South Name See attached Address Tax Map ID East Name See attached Address Tax Map ID West Name See attached Address Tax Map ID OWNER STATEMENT I/We do hereby relieve the Town of Queensbury from any liabilities on the plumbing and septic system located at: 40 North Road, Queensbury New York 12804 r14#XMMUXK0(XUUWDbXD6KifX The required Distance is met. What is being sought is the ability to have a holding tank. Owner—Print Name: Date: Owner—Signature: Date: NEIGHBOR OR TENANT RELEASE STATEMENT(if applicable) /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 septic tank or leaching system less than the required feet from the may increase the risk of pollution. Neighbor/Tenant—Print Name: Date: Neighbor/Tenant-Signature: Date: Septic Variance is being sought from Chapter 136-11 to allow a holding tank to support an accessory structure on the property. SURROUNDING PROPERTIES North: Name: County Of Warren D P W 4028 Main St Warrensburg NY 12885 Address: Between Quaker& Bay Tax Map Parcel: 302.7-1-62 Name: Michael and Susan Kajdasz P.O. Box 268 Cleverdale NY 12820 Address: 154 Quaker Rd Tax Map Parcel: 302.7-1-44 Name: Gary and Susan Higley 31 Chestnut Ridge Rd Queensbury NY 12804 Address: Quaker Road Tax Map Parcel: 302.7-1-45.2 West Name: Higley Properties, LLC 31 Chestnut Ridge Rd Queensbury NY 12804 Address: Off Glenwood Tax Map Parcel: 302.7-1-50 Name: David Westfall and Joanne DeTore 36 North Rd Queensbury NY 12804 Address: Glenwood Avenue Tax Map Parcel: 302.7-1-49 Name: David Westfall and Joanne DeTore 36 North Rd Queensbury NY 12804 Address: Glenwood Avenue Tax Map Parcel: 302.7-1-53 Name: David Westfall and Joanne DeTore 36 North Rd Queensbury NY 12804 Address: North Road Tax Map Parcel: 302.7-1-34 South Name: David Westfall and Joanne DeTore 36 North Rd Queensbury NY 12804 Address: 36 North Road Tax Map Parcel: 302.7-1-36 Name: Michael and Angella Mills, 29 North Road Queensbury NY 12804 Address: 29 North Road Tax Map Parcel: 302.7-1-38 East: Name: CR Bard Inc USCI Div 289 Bay RdQueensbury NY 12804 Address: 289 Bay Road Tax Map Parcel: 302.7-1-43 555519 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: Kris Roglierl Designates: Bartlett Pontiff Stewart& Rhodes PC as agent regarding the Septic Variance for Tax Map#: 342.7-1-37 OWNER'S SIGNATURE: J "-'" DATE: 11,15 u, 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. Officiatial 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: OWNER—PRINT NAME: K,ris--R--o-�glierl OWNER—SIGNATURE: 1� DATE: IG fY AGENT—PRINT NAME: Stefanie DIL to Bitter AGENT—SIGNATURE: DATE: (�� NO I / Septic Variance Application August 2017 L M O t� , .. ZZ � �' - SIT ' yz E o � r — S._ Lr) _ <.6xnin,e;r kcal zS,t pr � � 00 F_ O Iv r 3ON�YNI,NIdH� z 1 M«05�6 te8 � `t In M m �\ rnC: taxi , V} r omx �\ S 3ON�� yNITNIHHO -' atl v (� O � O r O r r = > - v , o n D 0� I T I I .00 o 0 ticPA � . c - v �\ BOO z � (pjl a, i\ D D > o �. Xs �D � ©� Zoning Board of Appeals-Record of Resolution t � « t D m 2 Tovan of Queensbury 742 Bay Road Queensbury,NY i2804 (518)761-8238 Z .� Tarn crfCLvecvsbury - €=-s 1 P > ` .Area Variance Resolution To: Approved with Conditions o = x ` Gerald Gray NYSPLS 50513 z � D Applicant Name: Kris Roglieri p y ' File Number., Z-AV-79-2017 r m DEED REFERENCES: X W LocaTaxMa tion: 340 North 02 Road UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY MAP IS A VIOLATION OF P SECTION 7209 SUBDIVISION 2 OF THE C -n I D ZBA Meeting Date. Wednesday,December 20,2017 NEW YORK STATE EDUCATION LAW. p Z -� CONVEYED BY CAROL J WHITNEY TO KRIS D ROGLIERI BY DEED DATED Q COPIES OF THIS SURVEY MAP NOT p m APRIL 8, 2013 AND RECORDED IN THE WARREN COUNTY CLERKS OFFICE W BEARING THE LAND SURVEYOR'S ZE ac ON APRIL 11, 2013 IN LIBER 4732, PAGE 266, The Zoning Board of AppealsoftheTownofQueensburyhasreceived.anapplicationfro .KrisRoglieri. EMBOSSED SEAL SHALL NOT BE gg r Applicant proposes to maintain already constructed 3,000 ft.garage as a fourth garage on the property. CONSIDERED TO BE VALID COPIES. Z r*1 ) p p y 8 g g g 5 p y CERTIFICATES INDICATED OR IMPLIED Project site contains an existing 1{1,307 sq.ft.home,550+1-sq.ft.garage,375 sq.ft.garage and 585 sq.ft. NOTES:N woodshed. Reliefrequestedf ormaximumnumberofallowablegaragesfortheparcelandf oragaragemore HEREON FOR WHOM THE SURVEY IS PREPARED, PARTY c)� x than 2,200 sq,ft. The Board recognizes that the other garages that are identified on the property,two of AND ON THEIR BEHALF TO THE r ( 1 SURVEYED PARCELS: TOWN OF QUEENSBURY - TAX MAP 302.07, them date back to the 1960's,as well as one that's attached to the house. ADDITIONAL PARTIES LISTED HEREON. L ) CERTIFICATES ARE NOT TRANSFERABLE _0 rn BLOCK 1, PARCEL 37. T 12e1iefRequired: TO ADDITIONAL PARTIES, OR SUBSEQUENT OWNERS, NOT LISTED HEREON. m The applicant request relief for fourth garage on parcel where only one is allowed. M i 2) SURVEY PREPARED BY GERALD R GRAY, PLS, FROM RECORD RESEARCH AT THE WARREN COUNTY CLERKS OFFICE AND AN AUGUST 1 Section 179-5-020-Accessory Structures- aMagg: a L� 5 ADD TANK, CO & COVER GRG 11/27/18 S � 2017 FIELD SURVEY. The applicant proposes to maintain an already constructed fourth garage that is detached where only one is p allowed. The garage also exceeds 2,200 sq.ft.maximum allowed. 4 UPDATE PATIO - GAZEBO GRG 6/15/18 ,,9Z 3) NORTH IS REFERENCED TO NAD 83 NEW YORK STATE PLANES EAST SEQRTypelI-ndfurtlierreviewrequred; 3 ZONING APPROVAL ADDED GRG 1/2/18 \ ZONE. \� co —� �) 2 POOL, GAZEBO WALL GRG 12/4/17 A public hearing was advertised and held on Wednesday,December 20,2017; n� ° 70 O v 1 GARAGE OFFSET REVISED GRG 11/1/17 p 4) SUBJECT TO ALL RIGHTS, EASEMENTS, COVENANTS OR RESTRICTION; Upon review of the application materials, information supplied during the public hearing, and upon m D RECORDED OR UNRECORDED. No. Submittal/Revision App'd Date Z T ' consideration of the criteria specified in Section 179-14-080(A)of the Queensbury Town Code and Chapter 267 / m n / of NYS Town Law and after discussion and deliberation,we find as follows: ;00 - ° 5) SURVEYED PARCEL IS SUBJECT TO ANY STATEMENT OF FACT �� Drawn: GRG-- Date:_ 8/5/17 o CONTAINED IN AN UP TO DATE ABSTRACT OF TITLE OR TITLE REPORT. Z I/ 1. This new building as constructed we deem will not create an undesirable change in the character of the Designed: Date: = p 0 c � / neighborhood not a detriment to nearby properties because it's a 14 acre parcel very secluded and it will not Checked: GRG Date: 8/5/17 ;ouZ 6) UNDERGROUND UTILITIES IF SHOWN HEREON ARE BASED ON VISIBLE been seen or have any effect on the neighbors. z D n X PHYSICAL EVIDENCE. THEY SHOULD BE CONSIDERED SCHEMATIC ONLY \�� . Feasible alternatives would be to have the building be moved because it's an excessive structure but the m / o \ AND ARE SHOWN TO DEPICT GENERAL UTILITY CONNECTIONS RATHER �� 7Board does not think that would be reasonable,and that included the fact that the buildingas constructed Project Number o m ° THAN EXACT UNDERGROUND LOCATIONS. GERALD R GRAY PLS MAKES �+ doesn't ldcak bad, ) H t z m NO CERTIFICATION AS TO THE ACCURACY OF THE UNDERGROUND a�o� 3•0O� UTILITY LOCATIONS AND OTHER UTILITIES MAY EXIST THAT ARE NOT V A .SHOWN ON THIS MAP CALL DIGSAFE FOR FURTHER VERIFICATION. Project Title m O Page 1 of 2 � __.- -- � <� t8Z 7) SURVEY IS PREPARED IN ACCORDANCE WITH THE NEW YORK STATE �`` Lands of CL ASSOCIATION OF PROFESSIONAL LAND SURVEYORS CODE OF PRACTICE FOR LAND SURVEYS AS ADOPTED IN OCTOBER OF 1966 AND LAST V Kris D Roglieri REVISED ON JULY 18, 1997. Ln N I The requested variance is substantial because it is a fourth building but it's deemed unsubstantial by the North Road 3. I i Board at this point because of the large size of the parcel and the fact that it's very secluded, 1 r Queensbury NY 4. As far as adverse impacts on the physical or environmental conditions in the neighborhood,we do not Onote any at this time. () 5. The alleged difficulty is fully self-created because it's constructed without a building permit,without I Z any permission from the community. r Prepared For N Z C� G. In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh {�f fa tigoyal)the resulting detriment to the health, safety and welfare of the neighborhood or N 51 p �' community, 7. The Board also finds that the variance request under consideration is deemed excessive and not the minimum necessary;but it will accommodate more vehicles that the applicant currently collects. r 8. The Board also proposes the following conditions: a) That the identity of the contractor and/or subcontractor on site be forthcoming on the building permit at some point in time and placed in the Area Variance file. b) Adherence to the items outlined in the follow-up letter sent with this resolution. o < 0 O B-A3ED ON THE ABOVE FINLi1N iS. I MAKE A MOTION TO APPROVE AREA VA-13,JA TCE m o Z-AV-79-2017 Kris Roglteri, Introduced by James Underwood, who moved for its adoption, seconded by Drawing Title W Ronald Kuhl: W o � o 0 0 Z o Z Duly adapted this 20u'day of December 2017 by the following vats: o m ON33 y.N4DNlVHO Boundary Survey D g0s AYES: Mr.McCabe,Mrs,Hayward,Mr.Underwood,Mr;Kuhl,Mr.Jackoski 0 \Y/^�4(�y'/ o m — �u 9�`6�° / NOES: Mr.Urrico,Mr.Henkel z r/— Z o mp x �ON33 �Ni�NidHO 0 N X� 9 19 � C w Drawing Scale: ��n�l�s ��Z n 50' I z g p V) Date: o C Z Aug 5, 2017 Z GRAPHIC SCALE o 0 50 0 25 50 100 200 page 2 of 2 Z Drawing Number a J i { 101 IN FEET ) 1 inch = 50 ft.