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1.2 4 V 1.2 WASTEWATER-SEWER\APPROVE.VAR\Stepbens Robert-Holding Tanks&Setbacks and Extension of Time to Install—6-21-2021 RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCES FOR ROBERT STEPHENS AND EXTENSION OF TIME TO COMPLETE WASTEWATER SYSTEM IMPROVEMENTS RESOLUTION NO.: ,2021 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, by Resolution No.: BOH 61,2020, the Local Board of Health approved the application of Robert Stephens (Applicant) for a variance from Chapter 136, §136-11, which requires applicants to obtain a variance for holding tanks as the Applicant wished to install a new 4,000 gallon septic holding tank in lieu of a sewage disposal system on property located at 128 Sunnyside North in the Town of Queensbury and bearing Tax Map No: 279.17-2-7 (Property), and WHEREAS, the Applicant again applied to the Local Board of Health for variances from Chapter 136 as the Applicant wishes to install the new 4,000 gallon septic holding tank in lieu of a sewage disposal system with the holding tank to be located on the Property: 1. 25' from his well in lieu of the required 50' setback; and 2. 46' from his neighbor's well in lieu of the required 50' 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 conducted a public hearing concerning the variance requests on Monday, June 21",2021, and WHEREAS, the Town Clerk's Office advised that it duly notified all property owners within 500 feet of the subject property, and WHEREAS, Town Code Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the sale of certain real property and provides that a $2,000 escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment system meeting all standards is not completed within the time provided as established by Chapter 137, and WHEREAS, a change of deed for the Applicant's property occurred on or about August 12, 2020 and when the required property transfer septic inspection took place, it was found that the existing wastewater system was deficient but the proposed holding tank was not able to be completed within the required six (6) month time period, and WHEREAS, the Applicant therefore applied for a timeline extension or until August 31, 2021 to install the holding tank and extend the date on which the $2,000 escrow deposit he previously deposited with the Town shall be automatically forfeited to the Town and the Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension, NOW, THEREFORE, BE IT RESOLVED, that: 1. due to the nature of the variances, it is felt 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 Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves and authorizes the application of Robert Stephens (Applicant) for variances from the Sewage Disposal Ordinance to allow installation of a new 4,000 gallon septic holding tank in lieu of a sewage disposal system with the holding tank to be located: 1. 25' from his well in lieu of the required 50' setback; and 2. 46' from his neighbor's well in lieu of the required 50' setback: on property located at 128 Sunnyside North in the Town of Queensbury and bearing Tax Map No: 279.17-2-7, and BE IT FURTHER, RESOLVED, that the Local Board of Health further authorizes and grants the Applicant additional time to obtain a certificate of compliance from the Town's Building and Codes Enforcement Office as set forth in Chapter 137 to install the holding tank and extends the date on which the $2,000 escrow deposit the Applicants previously deposited with the Town be automatically forfeited to the Town until August 315; 2021 and authorizes and directs the Director of Building and Codes Enforcement to take any and all actions necessary to effectuate the terms of this Resolution. Duly adopted this 21"day of June, 2021,by the following vote: AYES NOES ABSENT: RESOLUTION APPROVING ROBERT STEPHENS' APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: BOH 61,2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Robert Stephens (Applicant) filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136, §136-11, which requires applicants to obtain a variance for holding tanks as the Applicant wishes to install a new 4,000 gallon septic holding tank in lieu of a sewage disposal system on property situated at 128 Sunnyside North in the Town of Queensbury, 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 request on Monday, December 21", 2020, 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 variance, the Local Board of Health determines that the variance 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 variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Robert Stephens for a variance from the Sewage Disposal Ordinance to install a new 4,000 gallon septic holding tank in lieu of a sewage disposal system on property located at 128 Sunnyside North in the Town of Queensbury and bearing Tax Map No: 279.17-2-7. Duly adopted this 21"day of December, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone,Mrs. Magee, Mr. Strough,Mr. Metivier NOES: None ABSENT: None r Office Use Only SEPTIC VARIANCE Received: APPLICATION Permit#: Permit Fee: 742 Bay Road,Queensbury, NY 12804 P: 518-761-82S6 INW10I.aueensbury.net Invoice M s^ Approvals: Submittal: I original & 8 copies of the completed application package RS QUFIGF Property Owner(s): Robert Stephens Owner's Agent: NSA Address: 128 Sunnyside North Address: Queensbury, NY 12804 Phone#: -518-926-0074 Phone#: Site Address: 128 Sunnyside North Tax ID#: 279.17-2-7 Directions to Site: North on Bay Road, Right onto Sunnyside North Distance from well on property to septic system (if applicable) 25 feet Is it possible to install a conforming septic system on this property? Yes x No If YES, please explain and attach a diagram: see attachment Does the proposed system meet setback requirements for distance from wells &septic systems on neighboring properties? Yes x No If No, please explain: The holding tank will be 46 feet from Peter Goldsmith's well, instead of the required 50 feet. 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.): Placement of conforming 4000 Gallon Holding Tank with Alarms. The holding tank will be 25 feet from my well, instead of the required 50 feet. The holding tank will be 46 feet from Peter Goldsmith's well, instead of the required 50 feet. I am requesting an extension for completion from 5/31/21 to 8/31/21 Septic Variance Application August 2017 List the names, parcel addresses, and ta>;inap numbers of all adjoining property oviners_ You may ohiain tax map numbers from t`n Assessor's Office:as %,veil as tha names and addresses: Nor-th Name Phyllis M FRir:,cin A_fJh 12.7 SI.I1-1nvside N1nI Trx C•;lH •D 27�1.1 7-1-: �� south Nan IMattnias Greene Address lil Sunnyside North I IAap ID 279.17-1-38 East Name Peter Goldsmith Address 132 SI-Innyside North -rax ��_r.� IU 279.17-2-6 West Nat-ne -Jacob Weaver cdress '124 SttnnysidP, North Tax Vap 1D 279.-17-2-8 _ DWNER STATEMENT I/V)e do hereby relieve the To%,,-n of Queensbury from any liabilities on the plumbing and septic system located at: 128 Sunnyside North, Queensbury, NY, 12804 I/We realize that putting the well,septic tank or leaching system less than the required 50 feet from the well may increase the risk of pollution. Owner—Print.Name: Robert Stephens Date: 5/5/2021 _ _. Date: 5/5/2021 OWner-•-Signature: -f —=—�� NEIGHBOR OR TENANT RELEASE STATEMENT (if applicable) 11%Ale do hereby,relieve the Tmsin of Queensbury front any liabilities on the plumbing and septic system located at: 128 Sunnyside worth, Queensbury, NY, 12804 1('P)e realize that putting the septic tank or leaching system less than the required 50 feet from the e11 L1'C may increase the risk of pollution. Neighbor/Tenant—Print Name: Pe G01dSnllth iJ Date. 1 IC Neighbor/Tenant-Signature: F� ��. Date:�. t, cc Septic t:B';Jrre Apol cation AugcS-,2017 -:091-8 in �� �u Grimm Building Materials Co., Inc. 48 in 48 in 96 Albany Avenue Cove P.O. Box 157 Green Island - Troy, New York 12181 96 in (i;--c Ch Phone - (518) 272-1100 —20 in `�-- 2411 Diameter Openings -� 20 in Fax - (518) 272-1100 www.grimmbldg.com 192 in 15i 6in 7 2 in 4000 Gallon Seamless 42 in6 in Extra Heavy Duty Plan96 in CL CL 7in Septic Tank - ie 6 in 48 in CL 48 in Designed For AASHTO H2O-44 Live Load 22 i Concrete 6 in 34 in 4000 psi @28 days r- 67 1/2 in Concrete Baffle 22 in Entrained Air - 5%-8% r6 in t-6 in - Concrete and Reinforcing as Per 24 in, ASTM C890 I 11 I J L-3 in All "Holding Tanks" and "Oil/Water Se erators" Tt-4 in 71 in rofil g p 78 in 69 in 72 in View are supplied without an inlet baffle or 69 in 48 in second compartment baffle wall. I I Li I - --------------------------- 6 in