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WASTEWATER\Extension of Time to Complete Septic Alteration&Escrow Deposit Per Property Transfer Law-Hole-6-13-2022
RESOLUTION GRANTING JEFF HOLE AN EXTENSION OF TIME TO
COMPLETE WASTEWATER SYSTEM ALTERATIONS ON
PROPERTY LOCATED AT 390 CLEVERDALE ROAD
RESOLUTION NO.: ,2022
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 transfer of ownership 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, by email correspondence dated May 18, 2022, Jeff Hole (Applicant) advised
that due to the unavailability of his contractor and difficulty obtaining necessary septic system
components, Applicant has been unable to arrange for completion of the installation of his
replacement wastewater treatment system (as approved by Resolution No.: BOH 14,2022) on
Applicant's property located at 390 Cleverdale Road in the Town of Queensbury (Tax Map No.:
226.8-1-7) by June 30'', 2022 and therefore, the Applicant has requested that the Town Board
grant him additional time to complete such work 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 Town's Acting Director of Building and Codes Enforcement has
recommended Town Board approval of this requested extension to November 301h 2022,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants Jeff Hole additional time or until November 301h, 2022 to obtain a
certificate of compliance from the Town's Building and Codes Enforcement Office as set forth in
Chapter 137 for completion of the installation of a replacement wastewater treatment system
located on his property at 390 Cleverdale Road, Queensbury and to extend the date on which the
$2,000 escrow deposit shall be automatically forfeited to the Town until such date of November
30'', 2022 as delineated in this Resolution and authorizes and directs the Town Supervisor and/or
Acting Director of Building and Codes Enforcement to and take any and all actions necessary to
effectuate all terms of this Resolution.
Duly adopted this 131h day of June, 2022, by the following vote:
AYES
NOES
ABSENT :
John O'Brien
From: Jeff Hale <jdhole@gmail.com>
Sent: Wednesday, May 18,2022 3:36 PM
To: John O'Brien
Subject: 390 Cleverdale Road - Septic Replacement Extension
John,
Thank you again for the time and guidance on this extension request. Please see the note for the Town
Supervisor and Board Members. If there are any other details needed,please let me know.
Best regards,
Jeff Hole
Dear Mr. Strough, Town Supervisor, and Town Board Members,
My name is Jeff Hole and I along with my wife, Ashley Hole, recently purchased a property at 390 Cleverdale
Road. As part of the purchase, we've committed to upgrading the septic system at the property. We have
pursued this upgrade and followed the necessary steps to receive variances from the town and permits to install
an enhanced treatment unit. Through our engineer, Dennis MacElroy, we've engaged Chris Crandall of
Crandall Excavating, Inc. to perform the installation. In our engagement, Chris has advised us that due to other
ongoing projects and difficulty obtaining necessary septic components, we will not be able to install our new
system until this fall. As such we are requesting an extension to our septic replacement until this fall,
November 2022.
I appreciate your and the board member's consideration of our request. If there is any supporting information
necessary to extend our replacement timeline,please let me know.
Best regards,
Jeff Hole` _
1
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RESOLUTION APPROVING JEFF DOLE'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 14,2022
INTRODUCED BY: Mr.Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, Jeff Hole (Applicant) filed an application for variances from provisions of the
Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement
wastewater treatment system with certain of its components proposed to be located as follows:
1. absorption bed to be 53' from Lake George in lieu of the required 100' setback;
2. pump tank to be 30' from Lake George in lieu of the required 50' setback;
3. Enhanced Treatment Unit (ETU) tank to be 32' from Lake George in lieu of the
required 50' setback;
4. absorption bed to be 2' from the north property line in lieu of the required 10'
setback;
5. absorption bed to be P from the west property line in lieu of the required 10'
setback
6. absorption bed to be 2' from the south property line in lieu of the required 10'
setback
7. absorption bed to be 2' from the foundation in lieu of the required 10' setback;
8. sewer line to be 1' from the property line in lieu of the required 10' setback; and
9. sewer line to be 3' from the foundation in lieu of the required 10' setback;
on property located at 390 Cleverdale Road 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 requests on Monday,February 28 h, 2022,and
A -
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 1T
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
Applicant;and
BE 1T FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Jeff Hole
for variances from the Sewage Disposal Ordinance to install a replacement wastewater treatment
system with its components to be located as follows:
1. absorption bed to be 53' from Lake George in lieu of the required 100' setback;
2. pump tank to be 30' from Lake George in lieu of the required 50' setback;
3. Enhanced Treatment Unit (ETU) Tank to be 32' from Lake George in lieu of the
required 50' setback;
4. absorption bed to be 2' from the north property line in lieu of the required 10'
setback;
5. absorption bed to be 1' from the west property line in lieu of the required 10'
setback
6. absorption bed to be 2' from the south property line in lieu of the required 10'
setback
7. absorption bed to be 2' from the foundation in lieu of the required 10' setback;
8. sewer line to be 1' from the property line in lieu of the required 10' setback;and
9. sewer line to be 3' from the foundation in lieu of the required 10' setback;
on property located at 390 Cleverdale Road in the Town of Queensbury and bearing Tax Map No:
226.8-1-7, and
BE IT FURTHER,
RESOLVED, that such variances are contingent upon submittal of an acceptable design
plan providing a stormwater conveyance and management plan relating to the wastewater system
that must be reviewed and approved by the Town Building and Codes Enforcement Officer,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 review by the Adirondack Park
Agency during such period.
Aw
Duly adopted this 28`h day of February, 2022,by the following vote:
AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr.Freer, Mr. Ferone
NOES: None
ABSENT:None