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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.
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