1.5 1.5
WASTEWATEMErtension of Time Again to Complete Septic Alteration&Escrow Deposit Per Property Transfer Law-Stephens-9-13-2021
RESOLUTION GRANTING ROBERT STEPHENS EXTENSION OF TIME
TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON
PROPERTY LOCATED AT 128 SUNNYSIDE NORTH
RESOLUTION NO.: ,2021
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No. 380,2018, the Queensbury Town Board adopted Local
Law 2 of 2018 entitled "Septic Inspection Upon Property Transfer" which is set forth at
Queensbury Town Code Chapter 137 (Chapter 137), and
WHEREAS, by Resolution No.: 176,2019, the Town Board adopted Local Law 5 of 2019
and by Resolution No. 47,2020, adopted Local Law 1 of 2020 to make additional minor
modifications to Chapter 137, and
WHEREAS, 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, Robert Stephens (Applicant) previously advised the Town Board, as the
Town's Local Board of Health, that 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 therefore the
Applicant 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
1
be automatically forfeited to the Town and the Director of Building and Codes Enforcement
recommended Town Board approval of this requested extension, and
WHEREAS, by Resolution No.: BOH 32,2021, the Town Board authorized and granted
Applicant the requested additional time or until August 31, 2021 to complete installation of the
holding tank and obtain a certificate of compliance from the Town's Building and Codes
Enforcement Office, and
WHEREAS, by letter dated August 31, 2021, the Applicant has advised that due to issues
relating to the weight of the holding tank, removal of power lines by National Grid the necessity of
a crane from Rozell East, and the Applicant's leave for military training, the Applicant was unable
to complete installation of the holding tank by August 31" and therefore the Applicant has
requested that the Town Board grant him additional time or until the end of 2021 to complete the
installation and to extend the date on which the $2,000 escrow deposit he previously deposited
with the Town shall be automatically forfeited to the Town, and
WHEREAS, the Director of Building and Codes Enforcement has recommended Town
Board approval of this requested extension,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants Robert Stephens additional time or until December 31", 2021 to
obtain a certificate of compliance from the Town's Building and Codes Enforcement Office as
set forth in Chapter 137 for installation of the holding tank/alterations to his wastewater system
located on his property at 128 Sunnyside North, Queensbury and to extend the date on which the
$2,000 escrow deposit shall be automatically forfeited to the Town until such date of December 31Sc,
2021 as delineated in this Resolution and authorizes and directs the Town Supervisor and/or
Director of Building and Codes Enforcement to and take any and all actions necessary to
effectuate all terms of this Resolution.
C
8/31/2021
Queensbury Town Board,
I (Robert Stephens) am requesting an extension from 8/31/2021 to 12/31/2021 for my
Septic Holding tank to be connected at: 128 Sunnyside North, Queensbury,NY 12804. It has
taken longer than expected to place and connect my holding tank. Grimm Building Material Co.
truck couldn't place the tank in the hole because of the weight(24,000lbs). I had to schedule the
removal of power lines by National Grid then contracted a crane from Rozell East to place the
holding tank in the hole then had the power lines reconnected. I completed this by the end of
July.
I had to leave for 3 weeks for military training July 25 —August 7 and August 13-18 this
made it impossible to meet with a plumber and have my tank connected to the house.
I am working with Moe from The Country Plumbers to get my Septic Holding Tank
connected in a timely manner.
Some of the measurements differ slightly. All are more not less.
- 26' from my Well not 25'
- 50' from Peter Goldsmith's not 46'
- 14' from the Property Line not 10'
I don't want these to be incorrect when the town measures it, but also don't want to
change it again because it's hard to measure standing on top on the septic tank because I'm not
level with the ground.
Sincerely,
Robert Stephens
RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL
VARIANCES FOR ROBERT STEPHENS AND EXTENSION OF TIME TO
COMPLETE WASTEWATER SYSTEM IMPROVEMENTS
RESOLUTION NO.: BOH 32,2021
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim McNulty
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 fiom 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:
l. 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 21S`,2021, and
WHEREAS, the Town Clerk's Office advised that it duly notified all property owners
within 500 feet of the subject property, and
v
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 2 1"day of June,2021, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough,Mr. Metivier
NOES None
ABSENT: None