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WASTEWATER\Extension of Time to Complete Septic Alteration&Escrow Deposit Per Property Transfer Law-Gilchrist Congdon—2483 Route 9L-
12-5-2022
RESOLUTION GRANTING ROBERT AND LOUISE GILCHRIST
EXTENSION OF TIME TO COMPLETE REPLACEMENT
WASTEWATER SYSTEM ON PROPERTY LOCATED
AT 2483 STATE ROUTE 9L
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 letter dated November 29, 2022, Nicholas Zeglen, P.E., on behalf of
Robert and Louise Gilchrist (Applicants) advised that due to delays in obtaining the required APA
permit and difficulties in finding a contractor, Applicant is unable to arrange for installation of the
replacement wastewater system on Applicants' property located at 2483 State Route 9L in the
Town of Queensbury (Tax Map No.: 240.6-1-10) and therefore, Applicant has requested that the
Town Board grant additional time, until May 1 ', 2023, to complete such work and extend the
date on which the $2,000 escrow deposit Applicants previously deposited with the Town shall be
automatically forfeited to the Town, and
WHEREAS, the Acting Director of Building and Codes Enforcement has recommended
Town Board approval of this requested extension to May 1 ', 2023,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town's Local Board of Health,
hereby authorizes and grants Robert and Louise Gilchrist additional time or until May 1 ', 2023to
obtain a certificate of compliance from the Town's Building and Codes Enforcement Office as
set forth in Chapter 137 for installation of the replacement wastewater system located on
property at 2483 State Route 9L, Queensbury and to extend the date on which the $2,000 escrow
deposit shall be automatically forfeited to the Town until such date of May 1 ', 2023 as delineated in
this Resolution, [with the condition that the property shall not be utilized for rental until and unless
the new replacement wastewater system is installed], and
BE IT FURTHER,
RESOLVED,that the Town Board, as the Town's Local Board of Health, further 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 51h day of December, 2022, by the following vote:
AYES
NOES
ABSENT :
Oct) ENVIRONMENTAL DESIGN
PARTNERSHIP, LLP. sao Route 146 Clifton Park, NY 12066
(PJ 5 ! 3._'? i 7.3 2 ; edp11p.Corn
November 29, 2022 I IE Q V IE
Mr. John O'Brien NOV 2 9 2022
Director Ll
Town of Queensbury Board of Health TOWN OF QUEENSBURY
742 Bay Road BUILDING & CODES
Queensbury, NY 12804
Regarding: Gilchrist/ Congdon Residence — 2483 Route 9L
Property Transfer Replacement System Extension
Dear Mr. O'Brien:
On behalf of the applicants, Robert & Louise Gilchrist, we respectfully ask that the 6-month period for
installation of an engineer designed replacement wastewater system be extended an additional 6 months.
This would extend the deadline for a replacement system to May Ise 2023.
The applicant is actively working towards replacing the existing septic system, the Town Board approved
wastewater variances for the system on July 11 "h 2022. During the APA's review, after Town Board
Approval, it was determined that an APA permit was required. The applicant applied for the APA permit on
July 28tt', 2022 and received the APA permit on September 141h3 2022. The applicant then engaged with a
contractor to complete the septic system installation; however, the contractor became non-responsive and
was no longer able to perform the work. The applicant then contacted other local contractors to perform the
system installation. A new contractor has now been selected and plans to install the enhanced treatment
unit this year, with the remainder of the septic field to be installed in the spring, weather permitting. An
application for a septic permit and plans has been submitted to the town.
We hope that you will understand that the applicant is making every effort to install the new system, however
additional APA permitting and problems with securing a local contractor has delayed this process. Please
do not hesitate to reach out to me if you have any questions or concerns. Thank you for your consideration
of this request.
Sincerely,
Nicholas Zeglen, P.E.
Er .irc r r�ar?ai { esicr. I?ar:r ersi rp
cc: Pam Deam
Ted Congdon
RESOLUTION APPROVING ROBERT AND LOUISE GILCHR.IST'S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE
RESOLUTION NO.: BOH 61, 2022
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Robert and Louise Gilchrist (Applicants) filed an application for variances
from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 to
install a wastewater replacement system with its absorption field to be located:
I . 74' from the well in lieu of the required 100' setback;
2. 10' from the foundation in lieu of the required 20' setback;
3 . 8�' from the property line in lieu of the required 10' setback;
4_ 37' from the intermittent stream in lieu of the required 100' setback; and
5. 90' from the wetlandlMH WL in lieu of the required 100' setback;
on property located at 2483 Ridge Road (State Route 9L) 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, July I i th, 2022, 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
L 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
Applicants; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Robert and
Louise Gilchrist for variances from the Sewage Disposal Ordinance to install an Enhanced Unit
Ultraviolet Treatment wastewater replacement system with its absorption field to be located:
I . 74' from the well in lieu of the required 100' setback;
2. 10' from the foundation in lieu of the required 20' setback;
3. 8�' from the property line in lieu of the required 10' setback;
4. 37' from the intermittent stream in lieu of the required 100' setback; and
5 , 90' from the wctland/MHWL in lieu of the required 100' setback;
on property located at 2483 Ridge Road (State Route 9L) in the Town of Queensbury and bearing
Tax Map No: 240.E- 1 - 10, and
BE IT FURTHER,
RESOLVED, that the Torun 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 any lawful action by the Adirondack
Park Agency during such period.
Duly adopted this 1 Ph Clay of July, 2022, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None