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HomeMy WebLinkAbout1301PETER C. ALEXANDERSON County Executive - WILLIAM D. SPAIN, Jr. County Attorney Memo DEPARTMENT OF LAW July 23, 1987 THOMAS F. PURCELL Deputy County Attorney JOAN ECKENWALDER ,._Deputy County Attorney....._...._... EDWARD T. McCORMACK Deputy County Attorney ARTHUR JAMES LYONS Deputy County Attorney To: John Karell Director of Environmental Health Services From: William Do Spain, Jr ,N County Attorney t Re: Gloria Jean DeSiervi Article 78 Proceeding Kindly provide me with a complete copy of the file mentioned by the Putnam County Division of Health relative to this matter together with copies of applicable statutes, rules and regulations, etc. We must meet to prepare a response on or before August 10th. WDS:ml TWO COUNTY CENTER - CARMEL, N.Y. 10512 (914) 225 -3641 Ext 260 DOCUMENT CONVERSION SERVICES PROVIDED BY IMAGING & MICROFILM ACCESS, INC. www.scanyourdocs.com 631 -589 -8100 25.71 -1 -69 BOX 12 01301 rm .. �. . L .. j. ., dru ILL 01301 \� PDTNAM COUNTY. DEPARTMENT OF HEALTH e v . 3/ 86 Divlsioi of Envlruimental Hedth Services 'Carmel, N.Y. 10.511 En&6or to Provide Permit N C� on CERTIFICATE.OF COMPLIANCE 4 CO IICTION PERMIT FOR SEWAGE DLSPOSALTEM •SYS Pernilt N Locata�i at Satidtylelon Name ' �, ►V�,_` l'abd Lot N Taz MapBlock ' t, 3 30 .. Renowel_� Revision I to i Owner /Applitant Name iY j ' a Date of Provloas Approvd j Zl n i i'� MaW 'g Address Town j 1! Bap dlag Type res "t A IP v Fill Section nlY Depth Volume l Nttmber of Bedrooms 3 Design Flo G pCHD Notification is Required When FM is completed Separate Sewerage System to.conelet of Gallon tl N6f &ALL B �S To be constricted by Ad ee f Water SaPP1)': ° Pdbiic Supply From ddrees �^ or:�Pdvate So' pply.Drllied by' ddross Oth er Regairoments 4 ti represen a ._ am wholly and .completely responsible for the design' and location of the proposed sys at t"­ separate sewage disposal system aboJe: described will be` constructed as 'shown on fhe•approved amendment there to an in.,accordance with the stn rules an : regu a ion' e u nam County Oepartnient of Health,' and that on completioh thereof a "Cert+ficate',of Const "ruction: Compliance ".satisfactor the Commissioner of HealtKwill ,:',­-be submitted to to the Department, .and a written guarantee will De_furnished'tne owner, his successors, heirs or .assigns by th �dre said builder. will place,;in good •operating condition any' part of_'said, sewage, disposal. system' dwing �the.pe►:iod of two (2) years'Immediately' date of the Issu• price ,of the approval of the Certificate of Construction Compliance of the.'origin '.system or sny "r rs thereto 2) that thdescribed above will tie loca�Jent!" shon'the approved plan and'that said well will.iie Insts i c rtl nee w• h- t e st ndards, rules. and r, f the Putnam County De o Health. . W, Date Signed P.E. r!4 Address �. License NA v ` 6 u APPROVED.FOR CONSTRUCTION: This approJal,'expires one year from the date usuedl unless construction of the building has. been undertaken and is revocable for cause or. may be amended orrnodified`when,.consode►ed necessary.'by the`Commissioner ea of, Hlth `Any'charpa or alteration of construction reQuires a new permit. Approved for disposal of domestic samtaryaewage .and /or prwate water wpply only., r Date- 'j. t;y ' Title f PUTNAM COUNTY DEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL HEALTH SERVICES Date: Re:, Property of _jQ' -k"3 IAO ((Aij Located at (T) ��A '� S� Block Lot hh Subdivision of W AV-'s � TyY7w0z� CP4,_,.; Subdve Lot # l314 -1S Filed Map #� Date. Gentlemen: This letter is to authorize c_0cF\LC a duly licensed professional engineer k or.registered architect. (Indicate to apply for a Construction Permit for a separate sewage system,'to serve the above noted property in accordance with the standards, rules'.. or regulations as.promulagated by the Commissioner of the Putnam.County Department of Health, and to .sign all necessary papers on my behalf in connection with this matter and to supervise the construction of said system or systems in conformity with the provisions of.Article 145 or 147, Education Law, the Public Health Law, and the Putnam County.Sani- tary Code. Very truly .yours, S'gned.�- Countersign er of Property P.E. , R.A. , # 4-19 (AC, A') Address Addre s l- D J'© Telephone Town c7')-q -7 L) Telephone L . nv� ti / clo (�r SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF PUTNAM ----------------------------------- - - - - -X In the Matter of the Application of GLORIA JEAN DeS IERVI , Petitioner, For a Judgment under Article 78 of the Civil Practice Law and Rules, - against- DEPARTMENT OF HEALTH, DIVISION OF ENVIRONMENTAL HEALTH SERVICES OF THE COUNTY OF PUTNAM, Respondents. ----------------------------------- - - - - -X RETURN OF DEPARTMENT OF HEALTH Index # I, JOHN KARELL, JR., Director of Environmental Health Services of the Putnam County Department of Health, do hereby certify that the following is a true and accurate record of the. proceedings conducted in this matter: EXHIBITS (a) Application /Permit with attachments, of Card Homes, Inc., dated April 3, 1985. (b) Application /Permit with attachments, of Park West Properties, dated December 2, 1986. (c) Miscellaneous correspondence of Department of Health. (d) Sewage Disposal Plans (not included herewith, provided upon request). (e) Field Inspection Report, dated October 10, 1986. (f) Minutes of Board of Health Meeting, dated March 30, 1987. o; b a SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF PUTNAM ----------------------------------- - - - - -X In the Matter of the Application of GLORIA JEAN DeS IERVI , Petitioner, For a Judgment under Article 78 of the Civil Practice Law and Rules, - against- DEPARTMENT OF HEALTH, DIVISION OF ENVIRONMENTAL HEALTH SERVICES OF THE COUNTY OF PUTNAM, Respondents. ----------------------------------- - - - - -X RETURN OF DEPARTMENT OF HEALTH Index # I, JOHN KARELL, JR., Director of Environmental Health Services of the Putnam County Department of Health, do hereby certify that the following is a true and accurate record of the. proceedings conducted in this matter: EXHIBITS (a) Application /Permit with attachments, of Card Homes, Inc., dated April 3, 1985. (b) Application /Permit with attachments, of Park West Properties, dated December 2, 1986. (c) Miscellaneous correspondence of Department of Health. (d) Sewage Disposal Plans (not included herewith, provided upon request). (e) Field Inspection Report, dated October 10, 1986. (f) Minutes of Board of Health Meeting, dated March 30, 1987. 13 1- " i 1 i Y u, p (g ) Copy of 10 NYCRR, Part 75, entitled "Standards for Individual Water Supply and Individual Sewage Disposal Systems ". (h) Article III of the Putnam County Sanitary Code. (i) Rules and Regulations of the Putnam County Department of Health, "Program Review and Policies, Subsurface Sewage Disposal And Water Supply Facilities For Single Family Residences ". Dated: Carmel, New York August 18, 1987 Too Putnam County Supreme Court One County Center Carmel, N.Y. 10512 Levine & Montana, Esqs. Attorneys for Petitioner 1019 Park Street Peekskill, N.Y. 10566 Ze Rull sub mitted, LL, JR., Dire or Environmental Health Services Y 1 PUTNAM COUNTY DEPARTMENT OF HEALTH Pe=nit • Division of Environmental Health Services, Carmel, N.: Y. 10512 CONSTRUCTION PERMIT FOR SEWAGE DISPOSAL SYSTEMP�� Q.sc ti fG•� t1 +�y� �! - own or VIRage Block lot Located at �l ��/�.w V Tax Map —b— Subdivision /���n ' yTh'rH,1,'�� �AF•E subd. Lot • ?mac _ Reneral _Q Revision _❑ Owner /Address CO `�-`� �..r •�RE� Date Of Previous Approval ' Building Type I.— _ i 1A L Lot Area Fill section Only ❑ Number Of Bedrooms Design Plow G /P /D � � P.C. H. D. Noilfication Required r �f I 1 L07 Separate Sewerage System to consist of Gal. Septic Tank and `�F �r `1 r` I' LEr "r��" f To be constructed by r��� Address f • Water Supplye Public Supply From Private Supply to be drilled by �'� '�`_Tr //lI� f Address 1. Other Requirements 1 represent that 1 am wholly and completely responsible for the design and location of the proposed system(s); 1) that the separate sewage disposal system above described will be constructed as shown on the approved amendment there to and in accordance with the standards, rules and regulations of e Putnam County Department of Health, and that on completion thereof a "Certificate of Construction Compliance" satisfactory to the Commissioner of Health will be submitted to the Department, and a written guarantee will be furnished the owner, his successors. heirs or assigns by the builder, that said builder will place in good operating condition any part of said sewage disposal system during the period of twb (2) years Imme sly following thedate of the issu- ance of the approval of the Certificate of Construction Compliance of the original system or any ropsiriirryy`�t'hereto; th t the drilled well described above will be located as shown on the approved plan and that said well will be Installed acco nce Ith the:`' artls, let nd rsgula� on�1 the Putnam ). County D&artment of. Health. Date Signed F P.E. R.A. . r S 1 e c� Address . o•_,: '� \ APPROVED FOR CONSTRUCTION: This approval expires one year from the date issued unless construction of the building'�ias been undertaken and is i 'revocable for cause or may be amended or modified when considered necessary by the Coguvossipner. of Health. . Any Change or alteration of construction ��quires a ne permit- Approved for disposal of domes sanitary wage, and /or pr ate w tar supply only. ;....� By Title r PUTk COUNTY DEPARTMENT OF HEALTH DIVISION'OF ENVIRONMENTAL HEALTH SERVICES -' - OGiil�ilY OFFICE BUILDING, - CARMEL,­ N Y. DESIGN DATA SHEET- SEPARATE SEWAGE DISPOSAL SYSTEM FILE NO. Owner CeQ2D 4AA E-S. Address Located at (Street Wicate s� F Sec. Block Lot neares cross street) Municipality. Z I Watershed n"RZ .ti SOIL PERCOLATION TEST DATA REQUIRED TO BE SUBMITTED WITH APPLICATIONS Hole Number CLOCK TIME PERCOLATION PERCOLATION Run apse Depth to Water a er ve No. Time From Ground Surface'in Inches Soil Rate Start -Stop Min. Start Stop Drop.in Min. /in'drop'" I A, Inches Inches Inches W, 32 0. 4- Z:(co 12. 4 5 - ' 2 3 ' 5 Notes: 1) Tests to be repeated at same depth until approximately equal soil rates are obtained at each percolation test hole. All data to be submitted for review. 2) Depth measurements to be made from top of hole. TEST PIT DATA REQUIRED TO BE SUBMITTED WITH APPLICATION DESCRIPTION OF SOILS ENCOUNTERED IN TEST HOLES DEPTH HOLE N0. HOLE NO. HOLE NO. ` G.L. 6" 12" 18" 24" 30" 36" 4211 5411 60 66" 7211 7811 8411 INDICATE LEVEL AT WITCH GROUND WATER IS ENCOUNTERED . iNTDICATE. LEVEL O WHICH. WATER LEVEL RISES AFTER BEG ENCOUNTERED TESTS MADE BY "?'/rJ © I�1[ —1ate- DESIGN Soil Rate Used O— Min/1 "Drop:, S.D. Usable Area:.Provided No. of Bedrooms) Sept'c Tank Capacity °F, Absorption Area Provide By�L.F.x2�+" �P 5ri c . Address c�a_�• 0.4fi��0 i:��;�� THIS SPACE FOR USE BY HEALTH DEPARTMENT ONLY: Soil Rate Approved' Sq. Ft /Gal. Checked by Date �1 Re: Pb —iAM COUNTY DEPARTMENT OF HL NTH DIVISION OF ENVIRONMENTAL HEALTH SERVICES Date 1L Property of�I�IFS Located at ,��O LA"�- (T�'jE� Section Block Lot Subdivision of MAP '.6— rU7 I-At-G Subdvo Lot #-' Filed Map # 14 j A-' Date Gentlemen: This letter is to authorize a duly licensed professional engineer or registered architect (Indicate) to apply fora Construction Permit for a separate sewage system, to serve the above noted property in accordance with the standards, rules or regulations as promulagated by the Commissioner of the Putnam County Department of Health, and to sign all necessary papers on my behalf in connection with this matter and to supervise the construction of'said system or systems in conformity with -the provisions of Article i�t5"or 147, Education Law, the Public Health Law, and the Putnam County Sani- tary Code. CountersignedJ.� R.A. , # � I� Address A3 Telephone Very truly yo , S.igne Qwkn2��A f Property Address Town Telephone �`,, `i� PUTNAM COUNTY DEPARTMENT OF HEALTH R 3/86 Division o[ Environmental Health Services. Carmel, N.Y. 10511 Engineer b Provide Permit B ou CERTIFICATE OF COMPLIANCE Purmlt I `\V NSTRUCTION PERMIT FOR SEWAGE DISPOSAL SYSTEM c�a�o,j (� d 1 {. 171 =��JL� Town or Village S vidon Name ubd. Lot 1 30— 34 3S Tax Map —Block W Owner /Applicant Name��� \A lk —r3fLT IG Renewal—a-.1, Revls n Date of Pre ous Approval —z" " /�S i // Mailing Address /O 1�� — ( �i Toi Zip Building Type 1 LA_ Lot Area Fill Section Only Depth —Volume — Number of Bedrooms Id— Design Flow G /P /D PCUD Notification Is Required Whe!& Fill Is completed i Separate Sewerage System ot- 1_5LGalion Septic Tank and Z J�� Separate System m b consist To be constructed by / O laI A../ Address u Water Supply; public Supply From Address ore— Private Supply Drilled by Other Requirements I represent that 1 am wholly and completely responsible for the design and location of the proposed system( ?:)I 1) that the separate sewage disposal system above described will be constructed as shown on the approved amendment there to and in accordance with the standards, rules and regulations or e u nam I • County Department of Health, and that on completion thereof a "Certificate of Construction Compliance" satlslaclory to the Commissioner of Health will be submitted to the Department, and a written guarantee will be furnished the owner, his successors, heir's or assigns by the builder, that said builder will ! place In good operating condition any part of said sewage disposal system during the period of two (2) year Immediately following thedate of the Issu- ance of the approval of the Certificate of Construction Compliance of the orlglnal sy tem 0, ny repairs l o; 2) that the drilled well described above will be located as hown n the approved plan and that said well will be Installed co cats th the : and , rule and regulations f the utnam County OeDSrlm cat of Ith, p Date Signed P.E. R.A. Address 1 License No APPROVED FOR CONSTRUCTION: This approval expires one year from the date issued unless construction of t building has been undertaken and is revocable for cause or may be amended or modified when considered necessary by the Commissioner of Het -Ith. A y change or alteration of construction i requires a now permit.. Approved for disposal of domestic sanitary sewage, and /or private water supply only. i Date By Title DEPARTMENT OF HEALTH Division of Environmental Health bervices TWO COUNTY CENTER - CARMEL, N.Y. 10512 (914) 225 -3641 ° APPLICATION TO CONSTRUCT A WATER WELL PCHD PERMIT #_ WELL LOCATION Street dress Town /Village City Tax Grid Number WELL OWNER Name Q Add r s je2 rivate 1,U O Public USE OF WELL 1 - primary 2-- secondary ®'RESIDENTIAL 0PUBLIC SUPPLY OAIR /COND /HEAT PUMP 0 BUSINESS O FARM 0 TEST /OBSERVATION 0 INDUSTRIAL O INSTITUTIONAL O STAND -BY 0ABANDONED 0 OTHER (specify 0 AMOUNT OF USE YIELD SOUGHT ! jr gpm /# PEOPLE SERVED k /EST. OF DAILY USAGE 5OC' gal REASON FOR DRILLING SUPPLY OREPLACg EXISTING OPROVIDE ADDITIONAL SUPPLY SUPPLY O DEEPEN EXISTING WELL O TEST/ OBSERVATION DETAILED REASON FOR DRILLING WELL TYPE WRILLED DRIVEN ®DUG ® GRAVEL ® OTHER IS WELL SITE SUBJECT TO FLOODING? YES ENO IF WELL IS LOCATED IN A REALTY SUBDIVISION, NAME OF SUBDIVISION: Lot No .t 3430 A" WATER WELL CONTRACTOR: Name t3 7-) Address: IS PUBLIC WATER SUPPLY AVAILABLE TO SITE: YES ,/NO NAME OF PUBLIC WATER SUPPLY: - TOWN /VIL /CITY DISTANCE TO PROPERTY FROM NEAREST WATER MAIN: LOCATION SKETCH & SOURCES OF CONTAMINATION PROVIDED ®ON REAR OF THIS APPLICATION ON (date) ig atur PERMIT TO CONSTRUCT A WATER WELL This permit to construct one water well as set forth above is granted under the provisions of Subpart 5 -2 of Part 5 of the New York State Sanitary Code, and provided that within thirty (30) days of the completion of water well construction, the applicant shall: 1. Pump the well until the water is clear. 2. Disinfect the well in accordance with the requirements of the Putnam County Health Department attached to this permit. 3. Submit a Well Completion Report on a form provided by the Putnam County Health Department. Date of Issue: 19, Date of Expiration: 19 Permit is Non - Transferrable 8/86 Permit Issuing Official 4p��Y1�'i;i•s's a• ?••r -Y'� .n�'7i.;;�' �..�'•':9ry�y,:'�Q• �•r..,.!�..�. .��'�.'�'ia.�:�ti' : }, •r.'t?+r!�4T! a.�7c..;, •:t � ±,...�e� :•-�'i •�..�,�.,,,�a`. A5 • �J'.r „ �S 4 3 e: �± ap .T'.•- .; ��iti �., :� _i'� J'v 6 �.:rCTy4'a; -:� •�.s •i._; •• .iy. f . Ylw..•�Z•,- ._�.R... .! � `X� i' '' Ts�:'A.rb`'•.•,�aw`+�C:.%:: i....� �i�::;: �'�..�•`I'+�i�••r:.'-1.- '•:...: �' °'t:-' °+'�.•.J _ PUTNAM COUNTY DEPARTMENT OF HEALTH - Div.ision.. of Environmental -, Health Services AFFIDAVIT - CORPORATE OWNER APPLICATION FOR PE14IT APPLICATION SUBMITTED TO PUTNAM COUNTY HEALTH DEPARTMENT TO: Commissioner of Health In the matter of application for: represent that I am an officer or employee of the corporation and am authorized t o act for 1-49 LK jC1 -514 I'�pDx/ (Name of Corporat _Ze having offices at SU /Gi Whose officers are: President; 41f 9 /�v� � �� S /6zd/ (Name and Address) Vice - President: 'e (Nacre and Address) Secretary: <' (Name and Address) Treasurer: (Name and Address) and that I am and will be individually responsible for any and all acts of the corporation with respect to the approval requested and all subsequent a is relating thereto. �^ Sworn to before me this ' 'y.. day ` of e -' � \L� \� lq `� Sinned: o Title: �'✓' Notary Pub Notary Public .,'State of New York No. 604133575 Qualified in Putnam Ccuntyc, ,ommission Expires March 30, 19i I 8/84 0 Corporate Seal 0 e PUTNAM COUNTY DEPARTMENT OF HEALTH _. uiti*i -I" ENVIRONMENTAL a�EALTH yi Rv ICEB Date /'2 Re: Property o f jOo^C'4 � T -Z' I ee Located at (T) Sven 4 Block Lot Subdivision of 170-1-m4 �AK-&' Subdve Lot #{3J �'3 ��� Filed Map # 7 Date Gentlemen: This letter is to authorize a duly licensed professional engineer. or registered architect (Indicate) to apply for a.Construction Permit for a separate sewage.system, to serve the above noted property in accordance with the standards, rules or regulations as promulagated by the Commissioner of the Putnam County Department of Health, and to sign all necessary papers on my behalf in cor ectic^ uith- tris :natter- .and to supervise .the-construct-Lon-of -said system or systems in conformity with the provisions of Article 145 or 147, Education Law, the Public Health Law, and the Putnam County Sani- tary Code. Very truly yours, ' Signed Owner of Property Countersigned P e, Rte-, # `i�r1��1 Address Addr s Town Telephone 0 ye �17 Telephone PETER C. ALEXANDERSON County Executive Thamas M. Daly Box 243 Shenorock, New York 10587 Dear'Mr. Daly: DEPARTMENT OF HEALTH Division Of Environmental Health Services January 30, 1987 RE: Park West Properties. Preston Place and Gates Drive (T) Putnam.Iake TM #44 -1 -7 e . JOHN SIMMONS. M.D Deputy Commissioner Review of plans and other application materials submitted, relative to a construction permit for the above captioned property has been completed by this Department. Based upon such review and pursuant to the provisions of Article III of the Putnam County Sanitary Code and Part 75 of the State of New York, Code of County Rules and Regulations, you are hereby advised that this proposed method of providing water supply and sewage disposal are considered, inadequate for the following reasons: 1. Although this lot was issued a construction permit in 1985 (P- 14 -85), a field inspection for renewal revealed that a new well was drilled on the lot immediately south of the intersection of Preston and Gates. The location of this well is noted on the plans dated, December 1, 1986. The _pl hs­ indieate'that a separation of'only 63- -feet can be maintained ' between the proposed well and the proposed SSDS area. Our code requires that minimum separation distances must be 100 feet (200 feet minimum) direct line of drainage. 2. The minimum application rate acceptable is one gallon per square foot per date. Therefore, 400 square feet of absorption area, 'plus 50% expansion must be provided, totally 600 square feet. Only 544 square feet is provided. 3. Plans for the two bedroam structure have not been submitted. As such approval of the proposal cannot be granted, returned herewith are two (2) copies of the plans. If you have any questions, you can contact me at 225 -0310, ext. 304. i0 iM f y s, Karel , Jr., P.E. rector, Environmental Health Services JK:mk cc: (t) Putnam Valley Building Dept. JK File 110 OLD ROUTE SIX CENTER - CARMEL, N.Y. 10512 (914) 225 -3641 0 T. M IC H A.FT. DAT.Y P., R 6?1112du1tb „3 IxLr PT Oje. C01j �IA441th Putnam County Department 110 Old Route Six Center Carmel, New York 10512 Attention: Mr. John Karell Jr., P.E. Ref: Parkwest Properties Preston Place & Gates Drive (T) Patterson (Putnam Lake) TM44 -1 -7 Dear Mr. Karell, (914) 628.0507 , BOX 243 SHENOROCK, NEW YORK 10587 February 23,1987 Pursuant to your letter of January 30, 1987, I am enclosing the following: I) Three sets of revised plans, dated 2/6/87, showing 36 lin. feet of galleys and 20 lin. feet expansion galleys.(one check.print with changes highlighted in Yellow) This.reflects the application rate of 1.0 GPD /Ft2, or a total of 608 square feet provided VS 600 square feet required. II) Two sets of house plans. (2 bedroom house). I would respectfully request that the above mentioned -item be placed on the agenda for a hearing with the Putnam County Department of Health. The purpose of the hearing would be to seek a variance from 100 feet to 63 feet on the separation between proposed. well and proposed sewage disposal system. Please note that the 100 foot separation can be met between well and sewage disposal system on all neighbors lots. In order to ameliorate the potential harmful effect, I would propose the following: Double case the well Install a Ultra- Violet disinfectant system on the inlet piping. Require that Parkwest Properties record on the deed, a "Hold Harmless Clause "e If you have any questions,. or require additional information, please do not hesitate to contact me. CC:Parkwest Properties TMD:bh. -- Very truly yours, T. ichael Daly, P.E. PETER•- C.;- AIEXANDERSON• - -. • - • � �`� - -- _ •..- -- - JOHN SIMMONS. M.D. _ County Executive �/ Y Q 'Deputy Commm�oner ` DEPARTMENT OF HEALTH Division Of Environmental Health Services Mr. T. Michael Daly Box 243 Shenorock, New York 10587 March 3, 1987 Re: Variance Parkwest Properties Preston Place & Gates Drive TK 44 -1 -7 (T) Patterson Dear Mr. Daly: Receipt of your letter dated February 23, 1987 requesting a variance from the minimum well to sewage system separation distance is hereby acknowledged. Please be advised that this matter has been placed on the agenda for the next Board of Health meeting scheduled for 7:30 P.M., March 23, 1987. The owner or his representative should be present to discuss the reasons and justification for the variance. Prior to the meeting three additional sets of plans should be submitted. "The plans-. should show the location of adjacent houses, SSDSIs�and- wells; to scale. if land is vacant it should be so noted.'y If you have any questions, please contact me at Extension 241. V truly yo , c ohn Karell, Jr.,' P.E. Director Environmental Health Services JK/jp cc: Mr. Raymond Jones Arthur D.Sleani, Parkwest Properties 110 OLD ROUTE SIX CENTER - CARMEL, N.Y. 10512 (914) 225 -3641 PETER C. ALE)"DERSON County Executive JOHN SIMMONS, M.D. Deputy Commissioner JOHN KARELL, P.E. UtFAK I MEN I Ut 11tAL111 Dire. Division Of Environmental Health Services Mr. T. Michael Daly Box 243 Shencrock, New York 10587 March 20, 1987 RE: Variance Parkvest Properties Preston Place & Gates Drive TM 44 -1 -7 (T) Patterson Dear Mr. Daly: Please be advised that the Board of Health Meeting that was scheduled for March 23, 1987 has been rescheduled for March 30, 1987 at 7:30 P. M. Very truly yours, John Karell, Jr., P. E. Director, Environmental Health Services JKept cc:JK File 110 OLD ROUTE SIX CENTER - CARMEL, N.Y. 10512 (914) 225 -0310 PETER C. ALEXANDERSON County Executive DEPARTMENT OF HEALTH Division Of Environmental Health Services April 1, 1987 Mr. Arthur DeSienrii Park West Properties, Inc. 6 Hope Lane Somers, New York 10589 JOHN SIMMONS. M 0 Deputy Commissioner RE: Variance Request Proposed SSDS /Well Parkwest Properties TM 144 -1 -7 (T) Patterson Dear Mr. DeSienni: You are hereby advise.d that your request for a variance from, provision of the required 100 foot separation distance between your proposed well and the proposed sewage disposal system to serve the above captioned property has'been considered by the Board of.Health on.March 3.0., 19.87, and If you have any questions, please call Mr. Karell, Director, at Ext. 304. V ry truly y rs, R-ay and Jone President RJ:pt Board of Health cc:Raymo.nd Jones, BOH JK File T. Daly (T) Patterson B.Inspector 110 OLD ROUTE SIX CENTER - CARMEL, N.Y. 10512 (914) 225 -3641 w A IC H A.FL DATY., P. F, ✓.. (9141 628 -0507 BOX 243 SHENOROCK, NEW YORK 10587 April 15, 1987 Putnam Co. Dept. of Health 110 Old Route Six Center Carmel, New York 10512 Attention: Mr. John Karell; P. E. Ref: Variance Request a _ Proposed SSDS /Well - Parkwest Properties TM #44 -1 -7 =� (T) Patterson c� Dear Mr. Karell, The purpose of this letter is to respeTtfully request any pertinent- documentation that led to the rejection of the above mentioned variance by The Putnam County Board of Health. We would also like to inquire as to if there is an appeal procedure that could be undertaken. Thanking you in advance for your cooperation in this matter. CC:Parkwest Properties TMD:bh 0 I remain Very truly yours, M'C e Daly, P.. . PETER C. ALEXANOERSON County Executive DEPARTMENT OF HEALI'H Division Of Environmental Health Services April 209 1987 Michael T. Daly, P.E. Box 243 Shenrock, New York 10579 RE: Variance Request Proposed SSDS /9ell Parkwest Properties Tax Map 44 -1 -7 JOHN SIMMONS. M.0 Deputy Commissioner Dear Mr. Daly: Please be advised that you have exhausted the remedies in the Department to gain approval of this.property for sewage disposal and water supply. Your recourse now is.throug.h.t.he.courts, i.e. an Article 78 proceeding. Vrlr tr ,1y ur John Karell, Jr., P.E. Director, JK :pt Environmental Health Services cc:JK File Raymond Jones Parkwest Properties CESS TO P,ECORDS LEVINE & MONTANA DATE : TO: COUNSELLORS AT LAW / 1019 PARK ST.. PEEKSKILL. N. Y. 10866 �p 914 -737 -0616 ; _ �Yrn�} Ol • �/� . -IN -CaTn JOS ._ is L. PELOSO, JR. -J, PUBLIC INFOR`;;TION OFFICER Address I HEREBY APPLY TO INSPECT THE FOLLO:•;_NG RECORD: (4 ff /rJOA 41 y 1,h t � � i Ae 2 SicnztLre Date h7,, 4t fT�l , Sig ^atu_e T;tle Date NOTICE- YOU HAVE A R =C i TO APP----!.L A DENIAL OF THIS APPLICATION TO THE PUT-NAM COUNTY: H: {ECUTTV7 . Name I•.:siness Address SvaO MUST FULLY EXPL ?I`1 HIS RE?_SO'iS FC_'. S"CH DE`1I?_ IN WRITING SEVEN D YS OF R:- ;CEIPT• OF PV P?PE'L. I HE?.F.BY APPEAL: Szcnature i Date Reorese nti nd .-, •� jr Mai ling Address r- d rn -� .. ......._.._ FOR AGENCY ^USE ONLy........ . __... .. ..... ..... .. ....... --- APPROVED DENIED G�-_ Record of which this agency is Legal Custodian , � cannot be fouad.._l Record is not maintained by this Agency Sig ^atu_e T;tle Date NOTICE- YOU HAVE A R =C i TO APP----!.L A DENIAL OF THIS APPLICATION TO THE PUT-NAM COUNTY: H: {ECUTTV7 . Name I•.:siness Address SvaO MUST FULLY EXPL ?I`1 HIS RE?_SO'iS FC_'. S"CH DE`1I?_ IN WRITING SEVEN D YS OF R:- ;CEIPT• OF PV P?PE'L. I HE?.F.BY APPEAL: Szcnature i Date EXHIBIT "D" NOT INCLUDED PLANS TO BE PROVIDED UPON REQUEST J ° PUTNAM COUNTY DEPARTMENT OF HEALTH DIVISION OF ENVIRONMERM HEALTH SERVICES INDIVIDUAL WATER SUPPLY SUBSURFACE SEWAGE DISPOSAL SYSTEMS �-- FIELD INSPECTION _REPORT... (Name of Owner) (Street Location) INITIAL SITE INSPECTION (YES I NO Wetlands on/or proximate to property .............. Property lines or corners found ................... Canestimate house location ....................... Willdriveway need cut ............................. Must trees be removed - note these.. ............ Deep holes representative of entire SDS area...... Additional deep holes needed..... ........ .... Sufficient SDS area available considering driveway cut, house location, separation distances,etc..° Adjacent wells/ septics ............................ INSP. BY,�� -�--- - D.H. - Deep Hole G.W.- Groundwater D.H. 1 Lot „' �� D.H. 2 Lot D.H. 3 Lot Depth to G. W. Depth to G. W. C2 % Depth to G. W. Depth to'rock'7 �J Depth to rock Depth to rock Soil Descri tion Soil Description 0 ft. sfG�f ?.' /U 0 ft. r,, l� ��p;�.- t i�Lr`r'��'0" ft. r 3 ft. ii 3 ft. 3 ft. 6 ft. 6 ft % w 6 ft. /5 / X 9 ft. 12 ft 9 .ft: !......_ 12 ft. - 9 ft. f Soil Descr DATE: FINAL SITE INSPECTION INSP.BY: YES NO COM[NTS House SSDS located per approved plan ............. Length of trench measured Width of trench average Slope of tile line and trench acceptable......... Rocco allowed for expansion trenches .............. Over 100 ft. fran watercourse .................... Natural soil not stripped or SDS area unnecessarly graded............ ..... ° ........ 10 ft. maintained fran property line and 20 ft. fran house... ........................ Distance well to SSDS (ft.) ...................... Number of bedroans checks ........................ Stones, brush, stumps, rubble, etc., greater than 15 ft. fran nearest trench.. ....... .... 15 ft. of peripheral soil horizontally frantrench ..... ............................... Boxesproperly set... ..... ...........°........ Could surface runoff fran driveways roads, ground surface, etc., channel near SDS area.... -i Does lot drainage appear OK in area of SDS....... FINAL GRADNG OF SITE ACCEPTABLE...... I--- Putnam County Board of Health Meeting March 30, 1987 The Putnam County Board of Health Meeting was called to order at 7:40 p.m. on March 30, 1987. The meeting was held at the Con-erence Room, BOCES Building IV3 in Carmel. a quorum was present. Members attending were: Raymond S. Jones, President, Sara McGlinchy, Gregory Quinn, Dr. Michael Schoolman, Dr. Geraldine Zameyski, and Arlene Rice (representing County.Exec,itive, Peter C. Alexan^erson). Health Department attendees were Dr. John Simmons, John Karell and! Elaine Krueger. A variance was requested by Mr. Kenneth DeFreitas of Lakeport Drive in Putnam Lake who proposed a sewage disposal system 82 feet from his own'well water supply when 100 feet is required. Tom Daly, O.E. presented the case stating that adjacent lots are vacant and they were prepared to .double case the well, install .a disinfectant system in the well pump, and include a hold harmless clause in the deed to protect the County from being included in future lawsuits due to this variance. After discussion, the Board disapproved this variance request. A variance was requested by Mr: Puccini of Lake Mahopac who proposed a well which is 115 feet from a neighbor's sewage system when 150 feet is required. One issue was whether the neighbor (Mr. Cohen) has a cesspool or a septic system. Mr. Puccini claimed that another neighbor (Mr. Sillens) on the other side of Mr. Puccini, recently installed a well closer than 150 feet to Mr. Cohen's sewage system and questioned the accuracy and consistency of-the distances involved. The Health Department had suggested that Mr... Puccini install _ the -well.across the street on his own property.. After discussion, Gregory Quinn made a motion to approve the variance with a double -cased well. Sara McGlinchy seconded this. Sara suggested that this be tabled until next month in order to validate the kind of sewage system.that Mr. Cohen has. A variance was also requested by Parkwest Properties who had been issued a permit to build a well in April, 1985. This permit expired and Parkwest then reapplied. However, in the meantime, a neighbor built a well. The proposed sewage system is 63 feet from the proposed well, in order to maintain 100 feet from this adjacent well. Mr. Tom'Daly, P.E. again presented the variance request.stating that the well would be double - cased, an ultraviolet disinfection system would be installed and a "hold harmless" clause would be added to the deed. Sara McGlinchy made a motion to approve the variance. Dr. Schoolman'seconded this and the motion was denied. The Board discussed the process of pending well permits for adjacent properties. - 2 - Old Business: Non - smoking regulations: Dr. Simmons reported that it is expected that litigation might be pending in Albany regarding the new regulations expected to begin May 7th in New York State Dr. Simons also noted that a workshop regarding the new smoking code would be held tomorrow and Dr. Simmons and Elaine Krueger will attend. Dr. Schoolman then moved that Putnam County Board of Health adopt the Sanitary Code concerning non- smoking in accordance with the state code; After discussion, this was unanimously approved by the Board of Health. Dr. Simmons gave his report: 1. A letter was received from Dr. Albert DeMartino to County Executive Peter Alexanderson regarding Article 6 of the Public Health Law application for state funds. The letter advised that the new regulations be noted with respect to a full -time health officer. Dr. Simmons and the Board of Healthcare in favor of this. Sara McGlinchy made a motion to have Mr. Jones write a letter to Mr. Alexanderson in support of the full -time Commissioner of Health. Dr. Zamoyski seconded this and it carried. Therefore, a letter from Mr. Jones will be sent to the County Executive stating this recommendation and Board approval. 2. Payment of accountant's bill ( Simione and Simione) is still pending as the auditor is claiming that $775 is part of other charges. Arlene Rice said that Peter Alexanderson will bring this to the attention of the Audit Committee of the Legislature. 3. 1. Reportable diseases: TB - -new cases this year (in March) are more than any previous year's total, numbering 4 cases (or suspect cases) reported in March, 1987. The special circumstances are that two were "homeless ", placed in the Fox Ridge Motel and these persons' previous residences were in Westchester County. a) b) AIDS- -makes more people susceptible to TB and these people may not have positive skin tests. AIDS testing is now being done in New Rochelle and people who received blood transfusions in urban hospitals from 1978 to 1985 are re- questing to be tested. c) Meningitis -- reported in a PARC client (pneumonoccal type) and follow -up has been done. Patient was.hospitalized in Danbury° d) Lyme Disease - -three cases reported this year. Mr. Karell gave his report: Annual report synopsis of the Division of Environmental Health Services was distributed to Board of Health members. 2. Radon - -most tests were below 4. 100 radon kits were returned. - 3 - 3. Mahopac Ridge Water District.had replaced 1000 feet of pipe -.to correct a long- standing problem. -Some mains- leaking severely and need to be repaired. 4. Lake Baldwin- -Town of Carmel is moving to aocrove funding for.repairs to this old water system. 5. Town of Southeast - -5 new sewage systems are failing after 6 -8 months use. It was found that the soil is poor and the fill was bad and should be replaced. The design engineer is considered primarily responsible for quality of fill. Litigation is possible.unless developer and engineer can agree to make repairs at no cost to the homeowners. r 6. Barrels of toxic substances in Kent remain on site and Mr. Jones suggested that Jack Karell contact the Stae DEC t regardint the status of this situation. Elaine Krueger gave her report: 1. TB-- Nursing Staff is testing people (contacts) being treater at Fox Ridge Motel and others with positive reports of TB. 2. Public health nurses do provide nursing care and have for several AIDS patients who have been, or are terminally ill (three AIDS deaths in patient caseload so far). 3. Rita Brown, Public Health Nurse has been promoted to Supervising Nurse. Mrs. Krueger,thanked Mrs. Rice for her assistance in expediting this important appointment. 4. An Agency nurse.is..present.ly . on leave of absence and Mrs. Krueger .. aas requested permission to hire a` temporary person. Part -;time . nurses will be moving into the full time slots vacated by the promotion of Mrs. Brown. 5. There were nearly 900 referrals for services last year (60 -70 per month). The patients now followed are sicker as they are discharged from the hospital sooner. Ten patients needed services over the past weekend and the trend continues. 6. The 1986 cost report is near completion and the meeting with the accountant is set up for April 2nd. ( Simione and Simione is the agency .again preparing the report.: 7. Statistical report for 1986 is also near completion. When available, Mrs. Krueger will share the information with the Board. 8. The problem of shortage of home health aides in the county has caused difficulty in implementing the New York State Health Department grant of last summer. Recruitment is difficult and turnover is high (approximately 80% nationally). Reasons seem to be due to burnout and low pay scales. Cathy Cavanaugh (home care Council) and Elaine will be visiting church groups in an attempt to recruit persons who can be trained as home health 4 - aides.. Senator Lombardi's office has contacted the agency regarding home health aide shortage and to advise of a State task force on this issue. 9. An agency brochure is to be re -done and will provide updated information and hopefully an attractive format. Mr. Jones questioned the test well that was dug with the town becoming involved (referred to at the 2/87 meeting). Sara McGlinchy questioned the responsibility for filling in perc test holes. Discussion followed on both of these items. The meeting adjourned at 9:50 p.m. The next meeting will be held on April 20, 1987. /ks Historical Note Sea filed Nov. 9,1966 eff. Jan. 1, 1987. PART 75 —.. STANDARDS FOR INDIVIDUAL WATER SUPPLY AND INDIVIDUAL SEWAGE DISPOSAL SYSTEMS ( Statutory authority: Public Health Law, § 201(1 ) (m ] ) Sec. Sec. 75.1 Statement of purpose 75.4 Standards for individual water 75.2 Applicability and scope supply systems 75.3 Definitions 75.5 Standards for individual sewage !.- disposal systems Historical Note Part ( §§ 75.1.75.9 filed May 17,1967; redesignated,Subpart 75.1 and Subpart 75.2 filed Aug. 28,2967; new Part ( §§ 75.1.75.5) filed Jan. 8, 1974 eff. Jan. 8, 1974. Section 75.1 Statement of purpose. The rules contained in this Part have been promulgated to protect the health and safety of those persons who must use an individual *Bulletin entitled Rural Water Supply has not been filed in the office of the Department of State; however, for.informatio!W purposes it has been published as Appendix 5B, infra. 202.6 H 6 -30 -77 1 CHAPTER II ADMINISTRATIVE RULES AND REGULATIONS $ 73.5 water supply system, an individual sewage disposal system, or both, when a municipal or communal system is not available. Historical Note Sec. filed May 17,1967; renum. 75 -1.1 filed Aug. 28,1967-, new filed Jan. 8, 1974 eft. Jan. 8,1974. 75.2 Applicability and scope. This Part shall apply throughout the entire State of New York and shall represent minimum requirements for individual water supply and for individual sewage disposal systems. Historical Note Sec. filed May 17,1967; renum. 75 -1.2, filed Aug. 28,1967; new filed Jan. 8, 1974; amd. filed Aug. 17,1978 eff. Aug. 17,1978, 75.3 Definitions. As used in this Part, the following words and phrases shall have the following meanings: (a) Individual water supply system means a water supply intended to supply one or more single parcels of land, except when supplied by a public water supply as defined in Part 5 of this Title. (b) Individual selvage disposal system means a facility serving one or more parcels of land and disposing of sewage or other liquid wastes into the soil of such parcels, except where a permit for such a facility is required under the applicable provisions of article 17 of the Environmental Conservation Law. (c) General waiver means a waiver that exempts any portion of the standards for individual water supply and /or for individual sewage disposal systems because of unique local conditions. (d) Specific waiver means a waiver granted in an individual situation because of a hardship or other circumstance-that nnakes•.)t impractical to comply with a standard for individual water supply or for individual sewage disposal'Osterrs: Historical Note Sec. filed May 17,1967; renum. 75 -1.3, filed Aug. 28,1967; new filed Jan. 8,19,74; amd. filed Aug. 17,1978 eff. Aug. 17,1978. 75.4 Standards for individual water supply systems. Individual water supply systems shall be designed, constructed and maintained in accordance with the stan- dards of the State Commissioner of Health as set forth in the State Department of Health bulletin entitled Rural Water Supply.' Historical Note Sec. filed May 17, 1967; renum. 75 -1.4 filed Aug. 28, 1987; new filed Jan. 8, 1974 eff.. Jan. 8,1974. 75.5 Standards for individual sewage disposal systems. Individual sewage disposal systems shall be designed, constructed and maintained in accordance with the standards of the State Commissioner of Health as set forth in the State Department of Health bulletin entitled New York State Health Department Waste Treatment Hand- book— Individual Household Systems". Historical Note Sec. filed May 17, 1967; renum. 75-1.5 filed Aug. 28,1967; new filed Jan. 8, 1974 eff. Jan. 8, 1974. "Bulletin entitled Rural Water Supply has not been filed in the office of the Department of State; however, for informational purposes it has been published as Appendix 5-B. "Bulletin entitled New York State Health Department Waste Treatment Handbook — Individual Household Systems has been filed in the Office of the Department of State and has been published as Appendix 75 -A. 202.7 H 8 -31 -78 § 75.6 TITLE 10 HEALTH 75.6 Waivers, general and specific. (a) General icaiver. (1) The State Commissioner of Health may on written application supported by documentation grant a general waiver from a provision of this Part, subject to appropriate conditions, where such waiver is consistent with the general purpose and intent of this Part to the full -time city or county health department official respon- sible for administering an individual sewage disposal systems program. (2) Such waiver shall include the effective date, the time period if any for which the waiver is granted, the requirement(s) being waived and any other limiting conditions such as types of systems, local conditions or geographical areas where the waiver can be used. (bi Specifie Waiver. The State Commissioner of Health, his designated representa- tive or the full -time city or county health department official responsible for administ- ering an individual sewage disposal systems program may on written application grant a specific waiver from a provision of this Part, where such waiver is consistent with the general purpose and intent of this Part. The applicant receiving such waiver must be advised in writing if the design or conditions approved does not meet State standards and the potential consequences of such deviations. Historical Note See. filed May 1T, 1987; renum. 75.1.6, filed Aug. 28,1967; new filed Aug. 17, 1978 eft. Aug. IT, 19T8. 75.7.75.9 Historical Note Secs. filed May 17, 1967; renum. 75.1.7 - 75.1.9 filed Aug. 28, 1967 eff. Aug. 28, 1967. SUBPART 75 -1 Historical Note _ ' . .- ..... _ ... _..... ...... _ ..... . Subpart 75.1 added by renum. Part 75, filed Aug. 28, 1967; repealed, -filed April 28, 1972 eff. May 1, 1972. Sections 75- 1.1- 75.1.9 Historical Note Secs. added by renum. 75.1 -75.9, filed Aug. 28, 1967; repealed, filed April 28, 1972 eft. May 1, 1972. SUBPART 75 -2 Historical Note Subpart filed Aug. 28, 1967; repealed, filed April 28,1972 eff. May 1, 1972. Sections 75-2.1-75-2.6 Historical Note Secs. filed Aug. 28, 1967; repealed, filed April 28, 1972 eff. May 1, 1972. SUBPART 75 -3 Historical Note Subpart filed Feb. 18, 1969; repealed, filed April 28, 1972 eff. May 1, 1072. I 202.8 H 8 -31 -78 • I e properly all be kept And trash rvals and ARTICLE III SEWERAGE nce. Section 1. Permit Required for Individual Dwelling Sewage Disposal Systems `fect as a. No person, either, as owner or agent thereof, or lessee, or tenant, shall undertake, con - struct, alter or rebuild, or. provide a system or facilities for the private disposal of sewage to serve any individual dwelling or building, or proposed dwelling or building, without first obtaining a construction permit therefor from the Director of Environmental Health Services of the Putnam County Depart- went of Health, or his duly designated agent. { b. The owner or his agent, or the lessee or tenant who shall be in responsible charge of such property for which a permit required herein shall have been issued, shall not use.or permit the use of such system or facilities until construction of the same shall have been completed in accordance with conditions of such permit, inspected and approved by the Director of Environmental _. Health Services of the Putnam County Depart - ment -of Health,-Or his duly designated agent, and a certificate of construction "cdtnp once is issued and a copy filed in the Department of Health. C. No official of any Town or Village within the Putnam County Health District who is empowered to issue building permits within his respective Town or Village shall issue a building permit for any building or dwell- ing requiring sewage disposal facilities unless or until a construction permit for - 17 - such facilities has been issued by the Putnam 7' County Department of Health. because it cannot meet the requirements, I may be reviewed by the Putnam County Board d. No official of any Town or Village within the # of Health, who may reverse the decision Putnam County Health District who is empoweredi i upon proof of hardship and with the concurrence to issue Certificates of Occupancy within his of the Director of Environmental Health respective Town or Village shall issue a Services, if it is his opinion that a health Certificate of Occupancy for any building or i hazard will not be created by its use. dwelling until a Certificate of Construction Compliance for the sewage disposal facilities ' Section 3. Exposure of Sewage .serving such building or dwelling has been issued by the Putnam County Department of Health. No person shall construct or maintain any privy, cesspool, sewage disposal system pipe or e. Requirements of this section may be substituted' drain, so as to expose or discharge the sewage by any Town or Village which adopts, or has contents or other deleterious liquid or matter adopted, its own private sewage disposal therefrom to the atmosphere or on the surface of ordinance which is neither inconsistent with,. the ground, or into any storm sewer or drain, or nor less stringent than, the provisions of this so as to endanger any watercourse or body of water article. Said local ordinances or amendments unless a permit for such discharge shall have been must be continued in effect by the respective issued therefor by the Putnam County Department of Town or Village unless or until such jurisdiction Health, or the State Department of Health, and sdch specifically requests the service of the Putnam' discharge shall be made in accordance with the County Department of Health. A copy of such requirements thereof. ordinance shall be filed with the Putnam County' Department of Health. Section 4. Sewer Connections Required ! If Available Section 2. Design and Construction of Sewage Disposal Systems ? a. No person shall-construct, reconstruct, alter,: rebuild or repair on any premises any privy., a. No such system for the subsurface disposal of vault, cesspool or separate system for the sewage shall hereafter be approved unless it ! disposal of sewage, except a temporary privy is designed and constructed in accordance with for use in connection with a construction the "Rules and Regulations for the Design and project or other approved temporary use, Construction of Small Sewage Disposal Systems where a public sanitary sewer is available- and Recommendations for their Proper Maintenancttell and accessible. adopted by the Putnam County Board of Health on May 19, 1970, or any amendments or subsequent b. When a public sanitary sewer is available modifications. and accessible, the Commissioner may issue' an order upon the owner of the property b. Any application for a permit to construct an whereon any other method of sewage disposal individual sewage disposal system which is is located., requiring said owner to abandon denied by the Putnam County Department of Health the use of.any other method of sewage disposal i - 18 - - 19 - ; and to connect with such sanitary sewer system within a period of not more than thirty (30)` days. C. Where a public sanitary sewer is available no new arrangement shall be made other than an individual connection to serve each building site. d. When a public sanitary sewer shall become avail- able to property so served, a direct connection shall be made to such public sanitary sewer ind any separate sewerage facilities shall be aban- doned and every tank or pit in such system shall be opened, emptied of any sewage and completely filled in with inert material. e. Sewered Areas. Within the corporate limits of any village or within a town sewer district no new habitable building shall be occupied unless served by a connection to the public sanitary sewer system; provided that a temporary system for the separate disposal of sewage or other wastes may be installed to serve an individual and isolated premises in accordance with the requirements of-this Code when the prior written consent of the municipal board or its duly authorized representative having jurisdiction': over such sewer district is filed with the application. Such temporary facilities shall be approved only when a method of ultimately providing for a connection to a public sanitary sewer is indicated by the municipal board. This regulation shall not apply to a building site of 60,000 square feet or more in area which contains the usable.area otherwise required. Section S. Temporary Toilet Facilities Any builder, contractor or other person, firm,. organization or corporation employing men on the construction or repair of any building or structure, or conducting a temporary fair, bazaar, or other such public gathering, shall provide or cause to be provided an adequate number of privies or other satisfactory toilet facil- ities for both males and females at a con- venient place upon the premises, or readily accessible thereto, and the same shall be properly enclosed and the contents thereof shall be completely covered with inert material or otherwise effectively treated or removed at the end of each day, or more often if needed. Section 6. Article III When to Take Effect The provisions of Article III shall take effect as of February 27, 1978. - 20 - - 21 - PUTNAM COUNTY DEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL HEALTH SERVICES PROCRA%1 REVIF4 AND POLICIES SUBSURFACE SEWAGE DISPOSAL AND WATER SUPPLY FACILITIES FOR SINGLE FAMILY RESIDENCES r J hn Karell, Jr., P.E. Director Environmental Health Services DATE:, October 5, 1985 REVISED: November 8, 1985 REVISED: December 1, 1986 REVISED: May 6, 1987 TARLE OF CONvIMI.PS Page # GENERAL INFORMATION 1 CONSTRUCTION PERMIT SUBMISSION REQUIREMENTS - NO FILL 2 CONSTRUCTION PERMIT' SUBMISSION REQUIREMENTS- FILL 3 CERTIFICA'T'E OF CONSTRUCTION COMPLIANCE 4 RENaqAL - CONSTRUCTION PERMIT 5 APPENDIX A. GENERAL DISCUSSION .6 B. REVIF`4 SHEET PLANS 9 C. REVI'Z4 SHEET - FINAL SITE INSPECTION 10 D. REVIE;I SHEET - DETAILS S 11 E. REQUIRED NOTES - SSDS - SINGLE FAMILY RESIDENCE 12 F. POLICY WELL YIELD LESS THAN 5 GPM 13 G. SEPTIC TANK DESIGN CRITERIA - NYS DEPARTMENT OF HEALTH 14 _... H. - PROCMURE FOR PsRFOR.MLNG SOIL P.ER.CY?LATION TESTS PC HEALTH DEPARTMENT 15 I. GUARANTEE FORM 16 J. DESIGN DATA SHEET 17 K. CONSTRUCTION PERMIT /CERTIFICNrE OF CONSTRUCTION COMPLIANCE 18 L. ENGINEER'S AUTHORIZATION 19 M. CORPORATE RESOLUTION 20 N. WELL COMPLETION REPORT (WELL LOG) 21 0. WELL APPLICATION 22 P. WELL ABANDO* ENT APPLICATION 23 Q. FEE SCHEDULE - ARTICLE V - PUTNAM COUNTY SANITARY CODE PUTTNAM COUNTY DEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL HEALTH SERVICES INFORMATION & DETAILS RELATIVE TO SUBMISSION OF PLANS FOR APPROVAL OF _ .. _. _:.. ... 111DIVIDUP —T- `aTE S`0101X,1%M- SUBSURFACE- 45D AG ' DISPOSAL- JYSlTENIS . The following is a detailed list of the' information and specifications which must be submitted to the Division of Environmental Health Services of the Putnam County Department of Health with an application for a Construction Permit and Certificate of Construction Compliance for subsurface sewage disposal and individual water supply facilities to serve a single family residence. This document is not meant to substitute for the design standards of the New York State Department of Health set forth in documents listed below but should serve as .a guide to Department requirements and procedures. The Department may require additional information or procedures as co sidered necessary based upon our detailed engineering review of the pro J Karel 1, Jr., P.E. Director DESIGN BASIS 1. NYS Department of Health publication, "Rural Water Supply ". 2. NYS Department of Health publication, "Waste Treatment Handbook, Individual Household Systems ". 3. Putnam County Department of Health document, "Procedure for Running Soil Percolation Tests ". 4. 200 gpd per bedroom. 5. . Maximum application rate of one a (1.0) gpd/sq. ft. New York .State �epa,r.tmPnt.. ,of_.Tiealt.h...Document,.. Sep}i- Tank -osign __.. _... __. __... _ Criteria ". 7. Minimum Depth to Groundwater - 2 feet below trench botto,n, generally 5 feet below grade. Minimum Depth to Impervious Strata - 5 feet below trench bottom, generally 7 feet below grade. CONSTRUCTION PERMIT Prior to any construction of a subsurface sewage disposal system (SSDS), or well plans for such systems must first be approved by the Putnam County Department of Health. The design of these systems is predicated upon site conditions, percolation test results, observation,of soil strata in deep holes, the location of adjacent wells and sewage systems. One segment of this Department's review of the project is the inspection of deep holes. Geenerally, the Department will require a complete submission of plans, prior to our inspection of the deep holes. It is realized that this may result in deep holes being left open for an extended period of time. In some highly populated areas, this may not be desirable. Therefore, the Department will attempt, as in the past, to accommodate these situations whenever possible by inspecting deep holes prior to receipt of a �1 art cn�di! CL t_^,,n 1 C t CL �_ O sC -i=, ulUS -Z ba prcvid- to the Depar rent's representative, for our use, eit!he_ - before or at the time of the site,insppecticn. CONSTRUCTION PERMIT SUBMISSION REQUIREMENTS FOR LOTS REQUIRING NO FILL OR FILL TWO FEET DEEP OR LESS 1. Construction Permit Application. 2. Letter of Authorization for Engineer or Architect. 3. Corporate Resolution (if corporate ownership). 4. One (1) copy of Design Data Sheet. Three (3) sets of plans bearing the seal and signature of a P.E. or R.A., licensed and registered to practice in New York State. These plans shall be to scale (preferably 1 in. to 20 in. horizontal- 1 in. to 10 in. vertical) shall include and show: a. Property metes and bounds and major physical features. b. House location. c. Plan and profile of the SSDS, to include 50% expansion area, construction details of system components including septic tank, distribution or junction boxes, pump pit well, etc. d. Location of driveways. e. Location of well or location of public water main and house connection. Minimum well yield is 5 gpm. A note to that effect must appear on the plan. Failure to obtain this minimum yield requires immediate notification of this Department and provision of additional storage pursuant to the Department's policy set forth in Appendix E. f. Two foot contours of the property. If ground is to be cut or filled, both existing.and proposed contours must be shown. g. Location of any watercourses, ponds, lakes or, wetlands on, or within 100 feet of property. h. Accurate location of all deep test holes and percolation test holes. A minimum of two deep holes and two percolation test holes are required. Omission of deep hole excavations on lots in.recently approved subdivisions will be the. discretion of the Department. 71 _..__.1. - location or ail wells ana sage -disposal sy5tems--wilthiri 200 feet of " proposed systems, or a note stating that none exist within 200 feet. j. Title box indicating owner of property; location, including street and municipality; name and address of design engineer or architect; date of drawing, including dates of any revisions, and scale. k. Location and discharge points for gutter, footing, storm and curtain drains. 1. Design criteria to include number of bedrooms, soil percolation rate and deep hole soil information. m. Construction notes pursuant to Appendix D. 6. Two (2) sets of house plans with title block as specified in 1 above, one of which must accompany copy of construction permit to the building inspector. Upon approval of the construction permit, these plans will be signed and noted: "Approved for Bedroan Count Only ". 7. 'If water service is from a public supply or camnunity supply, a letter from the owner will be required, stating that they will be able to supply the property with water at adequate pressure. 8. Well pe-rmit auolication. 2 CONSTRUCTION PERMIT SUBMISSION • -FOR 1OTS REQUIRING FILL GREATER T 1. Same as Page 2. [, _ _ 2. �" Same as Page 2. ' 3. 4. 5. Same as Page 2. Same as Page 2. Same, except for (c). c. Two separate plans will be required; the title box for both plans must contain the statement, "Preliminary Design for Fill Placement Only�� 1. Plan and Profile of Fill Section - Three copies of this plan will be rewired showing the dimensions of the fill, i.e., length, width and depth, top and bottom slopes of periphery of the fill, well and septic tank. This plan shall not show the design of the trenches, distribution box, etc. This plan will be approved by the Department. The Department must be notified of the date of placement of fill by completing and returning the post card provided by the Department with the fill approval. will be required in the fill section, one at each 2. Plan and Profile of the SSDS - One copy of this plan will be required showing the design of the trenches in the fill area. Such design must show that a SSDS including 50% expansion area, can be placed on the lot conforming to all applicable restrictive distances. This plan will be retained for our files for future reference. ..... __ ._ ....__.6 ' . - ­.. . Sarre. as Page._.2... - _.. _... _ ...... , . .._ . _ .:..._ .._ ..... ._ _ ..... .... .... .. _._ . _.. 7. Same as Page 2.. 8. well permit application. Fill must be allowed to settle for 60 to 90 days after which time a second application for a construction permit must be made to the Department and shall include: 1. Results of two (2) soil percolation tests in the settled fill. 2. Three (3) sets of plans pursuant to item 5 (c) (2) above. After a "Permit" for the construction of the serfage disposal system is issued by the Department, a bopy of the "Permit," one (1) set of the approved plans, and one (1) copy of the house plans, should be presented to the Building Inspector in the respective municipality in order that a "Building Permit" may be issued. The local municipality should be contacted for their particular requirements for a Building Permit. The engineer or architect is responsible to assure that the system is constructed in accordance with the approved plans. If any significant enccur:taY--d cur ino construction, it- must firs _ be approved by the Department. 3 CERTIFICATE OF CONSTRUCTION COMPLIANCE Before a Certificate of occupancy for a dwelling is issued by the local Building Inspector, a C ercifirate `of Const_ uction Compliance for the subsurface sewage ` disposal system must first be issued by this Department. The Department must be notified, before the system is backfilled in order that an inspection of the completed system can be made. Open work inspections may be anitted o� at the discretion of the Director or his designated representative. In order for the Department to issue a Certification of Construction Compliance, the following must be submitted: 1. Certificate of Construction C:anpliance. 2. Three (3) copies of a two (2) year Guarantee, signed by the installer, general contractor, and/or the owner. 3. If the water supply is fram a drilled well: a. -Satisfactory results of a bacteriological analysis of the water, perfomned by a State Health Department approved laboratory. b. A Well Completion Report (PCHD form) signed by the well driller, including the results of at least a six -hour pump test. 4. Three (3) sets of "as- built" plans, signed and sealed, etc., showing house location with respect to property lines, the actual layout of the SSDS and water supply facilities as they have been installed. The distances necessary to locate the septic tank, distribution boxes, junction boxes, and -ends of the trenches from two fixed points, preferably the corners of..the building must be provided. These plans must include a legend, which reads as follows: "This is to certify that the sewage disposal system was constructed as indicated on this plan and thhat. ,rhe.. sy st-ein was.. inspected by • me-be-fore. -covered - over.- ` the system was constructed in accordance with all standard rules and regulations of the Putnam County Department of Health and the New York State Department of Health." "As- built" plans must also include a title box, giving the information required on the original design drawings. Minimum size of "as- built" plans should be 81" by 11 ". 5. A Certif ied Check or Bank Money Order in the amount of $25.00 payable to the Putnam County Department of Health. After the Certificate of Construction Compliance is issued by the Department, a copy of the Certificate of Construction Compliance, Well Completion Report and approved "as- built" plans should be brought to the Town Building Inspector so that he may process the Certificate of Occupancy. 4 CONSTRUCTION PERMIT Effective Decenber 1, 1986, Construction Permits for a subsurface sewage disposal system and well will be issued for a period of two years unless construction of the building has been undertaken.. Renewals are required when a permit is over two years old, regardless of whether the same or a new owner is involved. The purpose of issuing permits with expiration dates is.to provide the Department with flexibility should standards or site conditions change in the future. In addition, the Department must be assured that a Professional Engineer or Registered. Architect is employed to supervise and inspect construction. Therefore, toward that end, the_ Department. will require the following for permit renewals: 1. A new Construction Permit Application form bearing the name and signature.of a Professional Engineer or Registered Architect. Where an engineer is employed, other than the original design engineer, and it is proposed to construct the systems in accordance with the original approved plans, the statement of responsibility can be modified to indicate that the engineer is responsible for "supervision and inspection of construction," to assure compliance with the approved plan. 2. Letter of Authorization. A complete new application for a Construction Permit, including plans signed and sealed by a Professional Engineer or Registered Architect will be required as follows: _.1. Where the Department age system design as approved is no longer adequate due to altered site conditions or revised standards. 2. If the number of bedrooms proposed is increased. 3. If the proposed construction will not comply with the approved plan for whatever reason. 0 0 APPENDIX A SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES GENERAL NARRATIVE DISCUSSION SITE PLAN Every plan submitted must have surface contours shoran at two foot intervals. Design is to be based on .a minimum of three (3) bedrooms per house and consideration of less will require the approval of the Director of Environmental Health Services Putnam County Department'of Health. On -site or off -site drainage must be shown as adequately diverted from the sewage disposal area. Property corners must be visible to the inspector fran the Department at the time of his initial inspection. Dimensions fran property lines to the well must be specified, as must minimum or maximum house setback where applicable. All streams, wetlands, drainage courses, etc., within 100 ft. of the property line must be shown. The design engineer or architect may be asked to stake the proposed SSDS location where conditions warrant such information. PERCOLATION TESTS Soil percolation tests must be performed in accordance with the document "Putnam County Department of Health, Procedure for Performing Soil Percolation Tests". Where seepage pits or galleries (except trigallies) are proposed, percolation tests at full and at half pit depth are necessary. The log of the test must indicate the measured depth and the log must also verify that pre - soaking of the percolation hole was done, as prescribed by the procedure in the standards. Health De In order be witnes - Any lot - Any lot utilize -- _Any._oth to the The Depa: runs in e par-tment Witnessing of Soil Percolation Tests to verify soil percolation rates, Department sing percolation tests as follows: less than 0.5 acres in size. the rate. or most of the area on the lot available for rimgry PYmansinn sewaaP areas_ ncern .ves will is !ntal representative will observe a minimum of three 30- minute of two holes in the sewage area. This will be performed es have been presoaked and after initial pecolation runs have Deep holes must be excavated the absorption trench. Normal Trigallevs 8 feet.- Four foot to a depth at least five feet below the bottan of tile field systems require seven foot holes. WELL SEPARATIONS A minimum of 100 feet must separate a well fran absorption trenches 200 feet for a well in direct line of drainage and 150 feet must separate a well from seepage pits.. Any reduction in this distance requires a variance from the Board of Health. A specific written request must be made by the applicant to the Department for such variance. SPACING OF SYSTEM COMPONENTS Trenches 6 feet on cent. _er Trigallies 10 feet on center 4 x 4 gallies 12 feat on` center FMAL INSPECTIONS -. . This office must be notif ied prior to backfilling of the SSOS in order that a representative of the Department may inspect the work. No completed work is to be backf illed until authorization to do so has been obtained from this office. Final grades of trenches, length of trench or other field conditions may or may not be checked, as the prime responsibility for this rests with the engineer or architect supervising construction. It is cautioned that slope of trench refers to trench bottan as well as to pipe. GUARAIN= - The guarantee must be signed by the SSDS installer, owner and /or General Contractor. FILL SECTIONS Fill is viewed by this Department as a si: considered in lieu of soil naturally in pl the usable soil depth be naturally in adequate precedent for this requirement Thus, 30 inches of usable natural soil and 42 inches of usable natural soil must disposal area. pplement to existing soil and not to be ace. It is required that one half of place. It is believed that there is on the basis of existing standards. must exist over the maximum water table exist over ledge rock in the sewage Design in fill sections must be based upon the percolation rate of the original soil. The fill material must, of course, be demonstrated by soil percolation tests in the fill material after settlement for 60 - 90 days to have at least the soil rate upon which the design is based. The adequacy of the fill material is the responsibility of the applicant and the validity of the Permit issued depends on satisfactory quality and quantity. The amount of peripheral fill material needed for fill sections is considerable. The top surface of.the fill must extend at least 10 feet beyond any portion of .trench and thence be sloped to grade at a maximum 2 on 1 slope. The expansion area must be filled where - -fill- can not --be convenicntly added -at< -another .- da-te. .- ._.The est .mated -vole- me...of...... fill in cubic yards must be specified'on the plan. An equal distribution box rather than drop or junction boxes should be utilized in fill sections, with its foundation set below frost. The box must hydraulically be demonstrated to effect equal distribution. Generally, fill is to be placed over existing grade including top soil, and unless the design is approved differently, approval will infer no existing soil to be removed. Stripping of topsoil followed by placement of fill may, unless specified on the approved plans, result in rejection-of the construction. Fill sections are not suitable on steep slopes. The system of Construction Permit issuance for fill sections requiring two approvals,as setforth in the "Submission Requirement" is relatively new but is necessary to assure proper construction procedures. .7 CURTAIN DRAINS Where curtain drains are required, their discharge must be shown to an existing watercourse on the subject parcel, storm drain in the street. If discharging to an adjacent property not owned by the application, a writen easement must be obtained from property owner. STATE WETLANDS In 1975, the State Legislature passed the Freshwater Wetlands Act to protect wetlands throughout the State. The Wetlands Act required that the Department of Environmental Conservation map wetlands 12.4 acres or larger. On November 7, 1984 the final freshwater wetlands map for Putnam County became effective. This map is on file in each local government office in Putnam County. This Department has a copy of this map. The wetlands and the area adjacent to these wetlands for a distance of 100 feet is protected. Certain activities are exempt from regulations while others that may have a negative impact on the wetlands are regulated. To conduct any activity in a protected wetland or it's adjacent area, a permit is required from the State Department of Environmental Conservation. Wetlands are identified on the basis of vegetation because certain types of plants are good indicators of wet conditions. Plants characteristic of wetlands, as identified in the Act include: wetland trees & shrubs - including willows, alders. emergent vegetation - including cattails, sedges and skunk cabbage. aquatic vegetation - including water lily and pondweeds. bog vegetation - including sphagaum moss and leatherleaf. --'-S tatoe*." Wetlands, rnaps--should--be•-reviewed - to --- detcrmir-:e._i¢- ari - port- ion_oF the property being developed is in or within 100 feet of a State wetlands 'and, therefore, requires a DEC permit. LOCAL WETLANDS Several municipalities in Putnam County have adopted local wetlands ordinances and maps. The local municipalities should be contacted to determine if the property being developed is regulated locally. The wetland, state or local, must be shown on the plan along with the extent of the protected area around the wetland. 0 O APPENDIX B . ' PUTNAM COUNTY DEPARTMENT OF HEALTH - DIVISION OF HEALTH SERVICES INDIVIDUAL WATER SUPPLY & SUBSURFACE SE4aGE DISPOSAL SYSTEMS P07I0vi S1 =I' - CONSTRUCTION .T?EIRM.T.T DATE REVIEWED: BY: (Name of Owner) (Street Location) DOCUMENTS Permit Application Corporate Resolution Plans - Three sets Engineers Authorization Design Data Sheet (DDS) Deep Hole Log Consistent Perc Results Perc Hole Depth . i I s/s (3) . SUBDIVISION Perc Fill. cd House Plans - Two sets Well permit; PWS letter Variance Request GENERAL Legal Subdivision Subdivision Approval Checked Ex- approval SSDS Adj. Lots Checked Wetland (Town/DEC Permit R & D) Data On DDS Plans & Pennit Same REQUIRED DEMIIS ON PLANS Sewage System Plan - (north arrow) Sewage System Hydraulic Profile - Gravity Fill Profile & Dimensions - Volume Flaw D or J Box;Trench /Gallery; Pump pit details Septic Tank - Size, Detail Well Detail, Service Line if over Construction Notes Design Data: pe_rc and.deep results - :. Two-Foot Contours Existing & Proposed Driveway & Slopes Cut Footing /Gutter,Curtain Drains (discharge OK) Perc & Deep Holes Located Representative of primary and expansion Expansion Area;shown;gravity flow,suff. size If Pmrped Pit & D Box Shown & Detailed House - No, of Bedrooms Wells &•SSDS's w /in 200 ft. of Proposed Systems Property Metes & Bounds House Setback Necessary (Tight lot) House Sewer - 1 /4 " /ft. 4 "0; Type pipe No Bends; Max. Bends 45° w /cleanout SEPARATION DISTANCES SPECIFIED ON PLAN Fields 10' to P.L., Driveway, Large Trees,Top of fil 20' to Foundation Walls 100' to Well; 200' in D.L.O.D, 150' pits 100' to Stream, Watercourse, Lake (inc. exr„ar 15' to Drains - Curtain, Leader, Footing 351to catch basin,stormdrain,pioed watercour: 10' to Water Line (pits -201) 50' intermittent drainage course 10' frcm Foundation; 50' to well 15' We 1 to =L tirrr NLRA L FINAL SITE INSPECTION Date Inspected by STREET LOCATION . OWNER ° PERMIT $ TM # OR SUBDIVISION LOT # I. II. IV. V. VI. -- -- - Yr'.:Sl 'i SEWAGE DISPOSAL AREA a. SDS area located as per a roved plans b. Fill section - Date of placE;nent 2:1 barrier. LGTH WIDTH AVG.DPTH c. Natural soil not stripped d. Stone, brush, etc., greater than 15' fran SDS area. e. 100 ft. from water course /wetlands. SEWGGE DISPOSAL SYSTEM a. Septic tank size - 1,000 1,250 b. Septic tank installed level c. 10' minimum fran foundation d. No 90° bends, cleanout within 10 ft. of 450 bend e. DISTRIBUTION BOX 1. All outlets at same elevation - water tested 2. Protected below frost 3. Minimum 2 ft. original soil between box and trenches f. JUNCTION BOX - properly set - g- TES 1. Iength required - Len installed 2. Distance to watercourse measured: ft. 3. Installed according to plan 4. Distance center to center 5. Slope of trench acceptable 1/16 - 1/32 " /foot. 6. 10 feet from property line - 20 feet - foundations 7. Depth of trench < 30 inches fran surface 8.. Roan allowed for expansion, 50%. 9. Size of gravel 3/4 - 11" diameter 10. Depth of gravel in trench 12" minimum 11.,Pipe ends capped h. PUMP OR DOSE SYSTEMS 1. size of Cbw.ber 2. ` Overflow tank 3. Alarm, visual /audio 4. Pump easily accessible manhole to grade 5. First box baffled 6. Cycle witnessed by Health Department estimated flow per cycle HOUSE a. House located per approved plans. b. Number of bedrooms WELL a. Well located as per approved plans b. Distance fran SDS area measured ft. c. Casing 18" above grade. d. Surface drainage around well acceptable. OVERALL WORKMASHIP a. Boxes properly grouted b. All roes par-tially backfilled c. All pipes flush with inside of box d. Bacicfill material contains stones < 4" in diameter e. Curtain drain installed according to plan f. Cur�.ain drain outfall protected & dir.to eYist.watercours� a. Fcctira drains ctisc_in;rae xwmv frm SDS a_=. I 1 I I. E`res_cn ccntz*oi provided cn slopes create than 15 %. APPENDIX D PUI'NAM COUNTY DEPARTMEM OF HEALTH - DIVISION OF MWMONMMP L HEALTH SERVICES, ° SSDS/WS REVI q SHEET - DETAILS 1. O.ttlet 2" below inlet 1. Tzp cf casing 18" above g axxL 2. Minimm 3" bed of pea gnaveL 2. Tp aE casing 2' above im cr watertiGht. 3. Minimm depth cE lim»d. 4' 3. Minimm 20' casing of steel cr umu#t irm. 4. Toth - = mm deice wilt to ttaadntutt far 4. 10' rdnfim groat into rack. titres width. 5. Cutlet 4' belay O.G. nun. 5. Mmdrmm 12" air. 6.. Sanitary seals 6. Ioeaticn sta)q° 7. Grand goaded a ay fmn well. 7. M3rto1e - cp3 ng - minimm 20" in shorter dinensim QW,,,Ilw� m DE= . 8. p., 1 �(7��j(� Baffle a tend 20% of �.i�{71(� � `.'.""e lxlmd 1. �T,,.��e,. -IR OJerE J�7. to allCW � �t1ing: 411 -611 level 0=41, b=10 ", c1=5' , b-12") . 2. 6" -12" natural . s ti l bacidill. 9. If l Bath G.T. 9 feat - use 2 its. 3. untreated building per. 10. Mina m tank capes ty 1000 gA4 b9aran; 1200 4. 1" to 1i" clan g[a�1 ar star'. ga1/4 ba3rmn:134 c(;!3 bcn;161 cE/4 Yxlnrl. 5. Min. 4" pe2::f Mte pipe. 11. A%haltic a nting for reinfcmed a x=ete. 6. Pipe invert 6" al:E bot:tan. 12. tee/ta£t7e 16' below flea line. 7. 18 "1y - 24" 1,d& ter&. 13. ��klle��ty, �.A.1llet t�ffle 18" below flow line. 8. Depth adaqLnte. 14 Inlet pipe slc a per boot min. (2%) . 9. Sgmmticcn five 5915 area 15' min. 15. Inlet pipe cast irm,. 4'hdlL 16. Oldet Pipe s1cpe 1/8" per foot min. (1 %) . f. ERP CR MUM HX >FMkUS 17. C`Wked joints for sanitary tees. 1. Rmmzble box aver. 2. Ctrnmectnr aztiet la" above latml. aztlet. b. IITSIR�II�I E!� DEII1Z[S 3. Iatemis flush wdth bottom 1. Inlet invert min. 2" above oitlet invert. 4. Tight joints pipes betr em baaces. 2. All aitlets at sane elevatiat. 3. Qtlets 1" to 5" above tank batten. q. RM Pa EMUS 4. Minimm 12" beadinxg clam :and cr pm gravel. 1. Aclaginte mer PIP line freemg car shoe 5. Inlet baffl e. mitre, line to p rtp Pit. 6. Mmdmm 12" oar'. 2. aa±lcw apmty.a-p cby,aba7 aoogle 7. Fmurable air far as ms. anzngmart- C !I cr eamil tu►1: u.c,<� . �V�11 -�T ��� PrbaE bak azrsic� .... . . --Lk CZ.U,Cist . . 9. S1cpe aitlets at 1/8 irVfL (1 %) der. 10. Fmst tprobe tarn_ .4. Dom 75% pipe velure. 5. Alarm - au3ibLe - visible. c. AM�FTM TMZ:H & UMM DEMIM 6. Tm ft. min. AMP Pit to fru ticn. 1. Mc pa 1/16 in. /ft:. to 02 in. (0.5% to 0.25$) . 7. F1fty ft:. tmn. pop pit to well. 2. 3/4" to 11" crushed stem cr wa4•jed gravel. 8. Elect. wok amply with NEC. 9. Check valve,gate vane, union. 3. 4" minirrm lats7al dia ever. 10. Baffled D- bat,ar j-b3c -1st box. 4. 2" mini ate aer lateral. ll. Ftdmulic infmmticn 5. 6" minirm m ate u mbr lateral. -CpExatffig lea-]s Pit. 6. urtseated b ldirz3 pk:Er cr 2" aE strza cover -gem vs. head pitp with ass. aggzagate- 7. 6" minin 12" m dmm earth tedkfill. 8. OvedM to allow for setttirxg, 4" -6 11. 9. 21minimm faun tray-h bodm -to watw- 5ft.gm& 10. 51min.h m tze h bottan to ittpervicus 7 ft. gm&. U. T rexh spacirrg:min.6'0.C. (24 "trenan) . 12. U=r 1atSM1 ads mst be plugged. U. Fill - 2:1 s1 pes 11 min. 10' beyaxi trarh. depth:31'nExxer roc +;21msx.o�s water cram hj° bares. APPENDIX E L.UN6'.URLA:X1UN NU12Z SUBSURFACE SEWAGE DISPOSAL SYSTEMS & WUL MM SUPPLIES SERVING SIN= FAMILY RESIDENCES Basic Required Notes 1. All trees within 10 feet of the proposed SSDS shall be removed. 2. SSDS to be inspected by the design engineer /architect and the Putnam County Health Department after construction and prior to backf ill. 3. No trucks, machinery, building materials, nor excavated earth shall be allowed in the sewage disposal area. Construction of SSDS to be in accordance with these plans, any revisions thereto, and the rules and regulations of the permit issuing governmental agency. 4. Minimum well yield of 5 gpm is required. Yields less than 5 gpm will be immediately reported to the Putnam County Department of Health. 5. The sewage system design shown hereon does not provide for installation of a garbage grinder. Such installation requires the approval of the Putnam County Department of Health. Notes Required When Fill Proposed 1. Fill must be allowed to stabilize for 60 to 90 days following placement and be inspected by the Putnam County Department of Health for acceptance, prior to installation of the sewage system.. Date of placement must be reported to Putnam County Department of Health. 2. Run of bank fill shall be suitable for sewage absorption, -be free of fines or other unsuitable material and shall have an in -place percolation rate at least equal to that in the natural soil after the required stabilization period. The engineer /architect shall perform a final percolation test in the fill after stablilization. 3. Impervious fill, clay barrier, shall be a dense clayey soil with little or no sewage absorption capacity. Fill suitable for sewage absorption should contain no more than 5% and preferably no more than 2% fines by weight. Fines are clay and silt particles that-pass a 200 sieve. and no more than 10% by weight, of the fill material should pass a 100 sieve. 12 0 ----- APPk't - [X- F PUTNAM COUNTY DEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL HEALTH SERVICES POLICY: DETERMINATION OF MINIMUM STORAGE REQUIREMENTS WH N WELL YIELDS LESS THAN 5 GALLONS PER MINU'T'E ARE E14COUNTERED. CRITERIA: 1. Pressure tank operating pressure: 30 - 50 psi 2. Three bedroom house - average daily demand 600 gallons 600 gpd = 0.42 gpn peak demand = 10 x average = 4.2 gpm USE 5 GPM peak demand deficit = peak demand = well yield assume 1 gpm well yield; therefore deficit = 4gpm 3. Required effective storage (Qm) = 15 minutes at peak demand deficit 4. Required minimum storage tank volume (Q) Q = Qm/.30 = 60/.30 = 200 gallons Q = Qm/(1- P1 /P2) P1 = minimum absolute operating pressure P2 = maximum absolute operating pressure 13 M4122113111 PUTNAM COUNTY DEPARTMENT OF HEALTR SEPTIC TANK DESIGN CRITERIA Design Volume (Gallons.): Minimum No. of Bedroans Volume 1, 2 750 3 900 4 1000 5 1250 Reeamnended (Planned Revisions to Volume Minimum.Volumes) 750 (750) 1000 (1000) 1200 (1250) 1250 (1500) Volume is the total liquid capacity of the tank at the maximum liquid level, i.e., measured from the bottom of the outlet opening. A maximum liquid depth of five (5) feet may be used in calculating tank capacity. Although a minimum liquid depth of four (4) feet is currently indicated, shallower depth tanks will be allowed in the revised handbook, but not less than 30 inches. An effective length to width ratio of at least 2:1 and not more than 4:1, is rewired. Example: A tank eight (8) feet long has a maximum effective width of four (4) feet. The capacity of a tank 8L x 5W x 4.5D would be calculated as 8L x 4W x 4.5D x 7.48 gal /ft3 = Effective Capacity (gals). The maximum length of a tank chamber is currently nine (9) feet but will be 10 feet in the updated booklet. Two chambers will be. required for tanks over 10 feet. Concrete Tanks: Walls, floors and tops, shall be a minimum of three (3) inches thick with reinforcing. A design with less than a three (3), inch wall would be acceptably if ._it. is... certified.. by- ...a.._Nese..York- - State....licers -a d. prof I S � ssional_engine e r ......... _. mow..,....._. as meeting appropriate ACI and/or ASTM standards. There must be a one (1) inch cover over all reinforcing steel. Inlet and outlet baffles, sanitary tees, or gas baffles are required. The outlet side must extend deeper than the inlet and both must extend past the maximum scum depth. Sixteen (16) and eighteen (18) inches, respectively are the appropriate depth below the liquid level for a tank with a 40 inch liquid depth or greater. There shall be 12 & 14 inches, respectively, for tanks shallower than 40 inches. Fiberglass Tanks: Two piece tanks are acceptable if they are assembled with a watertight seal and warranted as watertight by the manufacturer /installer. Pressure testing of each installation is not required. Polyethylene tanks... of the appropriate dimensions and volumes are acceptable. (These are generally shallow tanks.) Although round tanks are not covered in the standards, round tanks with a, diameter greater than eight (8) feet and liquid depth no greater than five (5) feet may be allowed by a local health unit. Increasing the effective capacity of round tanks may be accomplished only by placing two (2) or more tanks in series, NOT by increasing the depth of the tank bevcnd five (5) feet. 14 • 'APPENDIX H PUTNAM COUNTY DEPARTMENT OF HEALTH Procedure for Performing Soil Percolation Tests Percolation tests�ar one of the most *important factors ih -determinin`g the size: of a subsurface sewage disposal system, and should be performed in natural soil with a minimum of 24 inches of in -place soil over the groundwater table during a wet time of the year. Areas subject to flooding are not considered suitable for subsurface sewage disposal. Sites where the standard soil percolation test cannot be performed in natural soils due to the presence of ledgerock, impervious strata, groundwater, or .other circumstances, are not considered suitable for subsurface sewage disposal systems. Soil tests made during dry weather conditions are frequently misleading. This Department reserves the right to require additional tests during a wet time of the year when it is deemed necessary. This Division may also require adjustments to percolation test results performed in dry weather as experience may indicate' to be necessary. Wet weather testing is strongly recommended. In some cases, the presence of groundwater may indicate the need for a curtain drain and/or fill section. In such event, the construction of the curtain drain to dry out the proposed SSDS area may be required, and a repetition of the percolation tests performed in the sewage disposal area prior to site approval. For a standard household system, a minimum of two (2) n tests located within the proposed sewage disposal area is required. Larger subsurface sewage disposal systems may require additional percolation tests as necessary to determine the site's suitability for subsurface sewage disposal. The following procedure shall be used for running soil percolation tests:. Step 1. Dig or bore a hole 8 to 12 inches in diameter to a depth 6 inches below the bottom of the proposed tre-nch*or pit. (30 inches for a standard trench system) Where seepage pits are proposed, percolation tests- at Y ...._ __._......_....full and at half pit depth, -are necessary ._,_.._..�.._.._.��_.__...._. __:.._..:....: _. _.._.. :... Step 2. Record depth to and type of each soil encountered. Step 3. Establish a fixed reference point at the top of the hole from which all measurements are to be taken. PRE - SOAKING Step 4. Saturate the ground by filling the hole completely and allowing it to drain completely. In dense soils, this may be done the day before and repeated before proceeding with the following steps. Step 5. Remove slime and silt and scarify sides and bottan of the holes. Step 6. Cover the bottan with clean, small stones or gravel. PERCOLATION TEST Step 7. Refill hole to a depth not to exceed 6 inches, measured from bottom of hole. Step 8. Measure time for the water level to drop exactly three inches or 30 minutes. Refill to original level and repeat the test a minimum of three (3) times until results of approximately equal magnitude are obtained on successive tests. Step 9. Calcu_a ze time per inch of drop in ;pater level , us -L:ic the lase ms surer °rt. THIS IS THE SO PkTE. APPENDIX I PUTNAM COUNTY DEPARTYEW OF HEALTH ON bF-:ENVIRON�rALHEALTH SERVICES Owner or Purchaser of Building Building Constructed by Location - Street Municipality Building Type Section Block Lot Tax Map Number Subdivision Name V Subdivisioh Lot I GUARANT'E'E OF SUBSURFACE SEWAGE DISPOSAL SYSTEM I represent that I am wholly and completely responsible for the location, workmanship, material, construction and drainage of the sewage disposal system serving the above described property, and that it has been constructed as shown on the approved plan or approved amendment thereto, and in accordance with the standards, rules and regulations of the Putnam County Department of Health, and hereby guarantee to the owner, his successors, heirs or assigns, to place in good operating condition any part of said system constructed by me which fails to operate for a period of two years immediately following the date of approval of the rt - "Ceificate of MConstriiction`Compliance'r for the sewage disposal system, ; o.r any repairs made by we to such system, except where the failure to operate properly is caused by the willful or negligent act of the occupant of the building utilizing the system. The undersigned further agrees to accept as conclusive the determination of the Director. of the Division of Environmental Health Services of the Putnam County Department of Health as to whether or not the failure of the system to operate was caused by the willful or negligent act of the occupant of the building utilizing the system. Dated this day of 19 Signature Title General Contractor (Owner) - Signature Corporation Name (if Corp.) Address rev. 9/85 mk Corporation Name (if Corp.) Address i� I• e• lo1' • 'J1 w- • �. DESIGN DATA SHEET- SUBSUFACE SEWAGE DISPOSAL SYSTEM FILE NO. Owner Address Located at (Street) Sec. Block Lot (indicate nearest cross street) Municipality Watershed Date of Pre- Soaking Date of Percolation Test HOLE NUMBER CLOCK TIME PERCOLATION PERCOLATION Run Elapse Depth to Water From, Water Level- NO. Time Ground Surface In Inches Soil Rate Start -Stop Min. Start Stop Drop In Min/In Drop Inches Inches Inches 1 3 4 5 1 2 3 4 5 NMS: 1. Tests to be repeated at same depth until approximately equal soil rates are obtained at each percolation test hole. All data to* be submitted for review: 2. Depth measurements to be made from top of hole. rev. 9/85 TIP�M PIT DATA REQUIRED TO -BE SUBMITTED WITH APPLICATION PESCRIPTION OF SOILS ENCOUNrERED IN TEST HOLES DEPTH HOLE NO. HOLE NO. HOLE NO. G. L. 1° 2° 3° 4° 5° 6° 7° I 8° 9° 10° 11° 12° 13° 14° INDICATE I�VEL AT VdHIQi GROUNDWATER IS EN000NTERED INDICATE LEVEL TO WHICH WATER LEVEL RISES AFTER BEING EN00UNTE[tED DEEP HOLE OBSERVATIONS MADE BY: DATE: DESIGN Soil Rate Used Min/1" Drop: S.D. Usable Area Provided No. of Bedrooms Septic Tank Capacity gals, Type Absorption Area Provided By L.F. x 24'° width trench Other Name Signature Address SEAL THIS SPACE FOR USE BY HEALTH DEPARTMENT ONLY: Soil Rate Approved sgoft/gal, Checked by Date PUTNAM COUNTY DEPARTMENT OF HEALTH Rev. 3186 Division o(Enviroomental Health Services. Carmel, N.Y. 10512 ° CONSTRUCnONPERM3T FOR SEWAGE DISPOSAL SYSTEM Engineer to Provide Permit K on CERTIFICATE OF COMPLIANCE ' Permit II Located at Town or V e Subdivision Name Sabd. Lot IV Tax Map Block' Lot Renewal_ E3— Revision ❑ Owner /Applicant Name Date of Pgevlone Approval MaWng Address .l Building Type Lot Area Number of Bedrooms Design Flow G /P /D Separate, Sewerage System to consist o! Gallon Septic Tank and To be constructed by - Water Supply: Public Supply From Address or: Private Supply Dtjll'ed by \1 1. Address Tap 7—PCHD Sectiot n Only Depth Volume Notification Is Required Wbec Fill Is completed Other Requirements ! I \ / 1 represent that 1 am wholly and completely responsible for the design and- location of the proposed system(%); 1) that the separate sawage disposal system above described will be Constructed AS Show on the approved amendment there to and in accordance with the standards, rules and regulations o Ina u nam County Department of Health, and the t ;rt completion therto ­Certificate of Construction Compliance" satisfactory to the Commissioner of Maalthwill be submitted to the Department, and a w('tten quarantea i/�11 De furnisned the owner, his wecessors, hairs or assigns by the builder, that said builder will place in good operating condition any part of sattl sewage disposal system during the period of two (2) years immediately following thadate of the issu- ance of the approval of the Certificate of CbQstruuctipn' Compliance of the original system or any repairs thereto; 2) that the drilled well described above will be located as shown on the approved plan and tlut said well will be installed in accordance with the standards, rules and regulations of the - Putnam County Department of Health. , Date Signed P.E._ R.A. Address License No Sao y++ APPROVED FOR CONSTRUCTION: This approval expires / e date issued unless Construction of the building has been undertaken and is revocable for cause or may be amended or modified when considered necessary by the Commissioner of Health. Any change or alteration of construction requires a new permit. Approved for disposal of domestic sanitary sewage, and /or private water supply only. . Date By Title PUTNAM COUNTY DEPARTMENT OF HEALTH Division of Environmental Health Services, Carmel% N. Y. 10512 permit.l PFRTlF:lrATF nF CONSTRUCTION COMPLIANCE FOR SEWAGE' DIS SAr{"SVSTEM Located at Owner / Separate Sewerage System built by Consisting of Gal. S Other requirements water Supply: Public Supply Fro Private Supply Or Address 1 .. _ . - ..Town Tau Map Block i Tax Hap lot 1 Subd. Inc 1 Address Tank and By Building Type No, of Bedrooms Date Permit Issued Has Erosion Control Been Completed? I certify that the systaa(s) as listed serving the above premises were Constructed essentially as shown on the plans of tha ecapleted work ( copies of which are attached), and in accordance with the standaids, rules and regulations, in accordance with the filed plan, and the permit issued by the Putnam County Department Of Health. Date Certified by P.E. R.A. Address License No. Any person occupying premises served by the above system(s) shall promptly take such action as may be necessary to secure the correction of any unsanitary conditions resulting from such usage. Approval of the separate sewerage system shall become null and void as soon as a public sanitary sewer beeomM available and the approval of the private water supply shall become null and void when a public water supply becomes available. Such approvals are =!tct :o mooifiention or c�3nye wn ^.n, in :1e )u Cgment of __n. ...EO ^.er Data By Title , s . DATE: RE: Property of e e APPENDIX L PUTNAM COUNTY DEPARTMENT OF HEALTH Dl ISMS- O M773 -Ra E M h-EA IH SERVICES I,ocated at (T) Section Block i Lot Subdivision of Subdv. Lot # Filed Map # / l Date Gentlemen: L! � This letter is to authorize - a duly licensed professional engineer or registered architect (indicate) to apply for a Construction Permit for a separate sewage system, to serve the above noted property in accordance with the standards, rules or regulations as promulagated by the Commissioner of the Putnam County Department of Health, ' and to sign all necessary papers on my behalf in connection with this matter and to supervise the ccnstruction of said system or systems in conformity with the provisions of Article 145 or 147, Education Law, the Public Health Law, and the Putnam County Sanitary Code. Countersigned: P.E., R.A., Q very truly yours, Signed: - Address Address Town Telephone Telephone 19 APPENDIX M ° PUTNAM COUNTY DEPARZMENT OF HEALTH, DIVISION OF ENVIROMENTAL HEALTH SERVICES AFFIDP.VT_T- CORDOg aT Carp n vprTT �z�TiOM FOR PERMIT APPLICATION SUBMITTED TO PUTNAM COUNTY HEALTH DEPARTMENT TO: Cannissioner of Health In the matter of application for: l represent that I am an officer or employee of the corp tion dam authorized to act for / (Name of Corporation) having offices at `` Whose officers are: `r President: 1 (Name and ess) Vice - President: i (Name and address) t Secretary: ( Name and \ ad dres c Treasurer: \. (Name and addr-ss} ----� and that I am and will be individually responsible for any and all acts of the corporation with respect to the approval requested and all subsequent acts relating thereto. Sworn to before me this day Signed: of 19 Title: Notary Public Corporate Seal 0 0 -7 ,...I APPENDIX N . D► —��o %t TrnT T ^r%xx fT TwnTr1AT 610 7: 0nDT .t - - VY liLL VV11.L LL li �+ + DEPARTMENT OF HEALTH' - -- - Division Of- 'nvi onmen.tal Health Services _ PUTNAM COUNTY DEPARTMENT OF HEALTH Office Use Only. , I WELL LOCATION SMUT AOURESS: ' w ilvI ItY TAX GRIO NUMSE1 ' . . WELL OWNER USE OF WELL 1 - primary 2 - secondary NAME: ADDRESS: 0 PRIVATE 0 PUBLIC ❑ RESIDENTIAL ❑ PUBLIC SUPPLY ❑\,IRICONO. /HEAT PUMP ❑ ABANDONED 0 BUSINESS ❑ FARM ❑ TEST /OBSERVATION ❑ OTHER (specify) ❑ INDUSTRIAL ❑ INSTITUTIONAL ❑ STAND -BY ❑ MOUNT OF USE YIELD SOUGHT _ gpm. /N0. OPL'E SERV A /EST. OF DAILY USAGE C Gel. 0 NEW SUPPLY ❑ PROVIDE AOO�TIOINAL SUPPLY ❑ TEST / 08SERVATION D REPLACE EXISTING SUPPLY JD- .DEEPEN EXISTING WELL REASON FOR DRILLING DEPTH DATA WELL DEPTH it \' STATIC �ATER LEVEL it. DATE MEASURE? DRILLING EQUIPMENT ❑ ROTARY - ❑ COMPRESSED AIR PERCUSSION ❑ DUG ❑ WELL POINT ❑ CABLE PERgUS`kON ❑ OTHER (specify): WELL TYPE ❑ SCREENED ❑ OPEN END CASING \\ ❑ OPEN HOLE IN BEDROCK{ ❑OTHER CASING DETAILS TOTAL LENGTH ft MATERIALS: ❑ STEEL ❑ PLASTIC ❑ OTH- ER LENGTH.BELOW GRADE JOINTS: ❑ WELDED ❑ THREADED ❑OTHER DIAMETER in. SEAL- ❑CEMENT GROUT ❑ BENTONIIE ❑OTHER WEIGHT PER FOOT ) lb./,ft DRIVE SHOE ❑ YES ❑ NO LINER: 0 YES 0 NO SCREEN D ETAILS AbtETER (n) `. 'SLOT SIZE LENGTH (it) DEPTH TO SCREEN (it) DEYE'�F FIRST ; �� �-- �' 0 YES 0 110 HOURS SECOND i GRAVEL PACK °YES ❑ NO GRAVEL SIZE DIAMETC�Ir OF PACK in. TOP Oc�ii{ n BOTTOM DE.=IH It. WELL YIELD TEST ' If detailed pumping METHOD: ❑ PUMPED i tests were done is in- ❑ COMPRESSED AIR , formatidm,�ttached? ❑ BAILED ❑ OTHER 0 YES [(`N$ —'- ELL .LOG 91 more detailed formation descriptions or sieve analyses I are available, please attach. 0E7x FROM /SURFACE w,ru Bur- In9 w -II 012- �eur FoRtaAT10N DESCRIPTION Goe tt, tL WELL DEPTH IL DURATION hr, miry. DRAVIOO;YN It, YIELD g0m, sutl ce 1 l WATE$ ❑ CLEAR TEUMP. QUALITY ❑ CLOUDY HARDNESS ❑ COLORED ANALYZED? ❑ YES ❑ NO ANALYSIS ATTACH .ED? ❑ YES ❑ NO STORAGE TANK: TYPE CAPACITY GAL. PUMP IHFOFMAT10H 771c CnPy-,,iTY MAKER DEPTH MOOEL VOLTAGE HP WELL DRILL_? NAME DATE L AGCn:SS i DEPA,,2TMENT OF HEALTH Division of Environmental Health Services TWO COUNTY CENTER - CARMEL, N.Y. 10512 (914) 225 -3641 APPLICATION TO CONSTRUCT A WATER WELL PCHD PERMIT n WELL LOCATION Street 'Address Town /Village /City Tax Grid Number WELL OWNER Name Address ❑Private D Public. USE OF WELL 1 - primary 2 - secondary O RESIDENTIAL 0 BUSINESS 11 INDUSTRIAL ❑PUBLIC SUPPLY ❑AIR /COND /HEAT PUMP O FARM O TEST /OBSERVAT ON 0 INSTITUTIONAL O STAND -BY \ 1 13 ABANDONED 0 OTHER (specify' ❑ AMOUNT OF USE YIELD SOUGHT gpm /# PEOPLE SERVED F DAILY USAGE gal REASON FOR DRILLING ❑NEW SUPPLY ❑PROVIDE ADDITIONAL SUPPLY ' ❑REPLACE EXISTING SUPPLY ❑DEEPEN EXISTING WELL j OTEST /OBSERVATION DETAILED _ REASON FOR DRILLING % ) WELL TYPE 13DRILLED DRIVEN lUG O GRAVEL OTHER IS WELL SITE SUBJECT TO FLOODING? YES \� NO IF WELL IS LOCATED IN A REALTY SUBDIVISI , NAME OF SUB WATER WELL CONTRACTOR: Name IS PUBLIC WATER SUPPLY AVAILABLE SITE: \ Lot No. Address: YES. NO NAME OF PUBLIC WATER SUPPLY: / TOWN /VIL /CITY DISTANCE TO PROPERTY FROM NEAREST WATER MAIN: LOCATION SKETCH & SOURCES OF, CONTAMINATION PROVIDED []ON REAR OFT S APPLICATION . JON SEPARATE SHEET (date) (signature) PERMIT TO CONSTRUCT A WATER WELL This permit to construct one water well as set forth above is granted under the provisions of Subpart 5 -2 of Part 5 of the New York State Sanitary Code, and provided that within thirty (30) days of the completion of water well construction, the applicant shall: I. Pump the .well until the water is clear. 2. Disinfect the well in accordance with the requirements of the Putnam County Health Department attached to this permit. 3. Submit a Well Completion Report on a form provided by the Putnam County Health Department. Date of Issue: 19 D ,-te of Expiration: 1y Permit is Non - Transferrable Permit Issuing Official DEPARTMENT OF 1-ALTH APPENDIX P - Division Of jnvironmental Health Services TWO COUNTY CENTER — CARMEL, N.Y. .10512 (914) 225 -3641 WATER WELL N2-m2: �aaress: CONTRACTOR: \ REASON FOR - DESCRIPTION OF WORK TO BE PERFORMED: (date) _ - 1 (signature) PERMIT - This permit to abandon one water well as set forth above is granted under.provisions•of Subpart 5 -2 of Part 5 of the New'lYork State Sanitary Code and provided that: Within 30 days of the completion of the abandonment-of the water well, the applicant shall submit to the Department a certified statement that the information delineated on the application for this permit has been completed.. Date of Issue: ' APPLICATION TO ABANDON A WATER WELL - PLEASE PR1Nr OR TYPE S19iii ANHESS. fUttiNi�IILAt;e.Cl11 -• 1'7, GRIU N wwi ,WELL LOCATION WELL OWNER I NA7A�, A00RQSS. - - ( O PSIVATE 0 PUBLIC WELL TYPE ❑ DRILLED -� Dt I V7' N �.! �j DUG ❑ GP?VrL ❑ OTz -R DEPTH DATA WELL DEPTH ft. STATIC WATER LEVEL ft. DATE EASURED USE OF WELL ❑ RESIDENTIAL ❑ PUBLIC SUPPLY p AIR /COND./ UMP ❑ ABANDONED 1 - primary ❑ BUSINESS ❑ FARM ❑ TEST /0 RVAT10 THER (specify) 2 - secondary 0 INDUSTRIAL ❑ INSTITUTIONAL -❑ STAN Y � i WATER WELL N2-m2: �aaress: CONTRACTOR: \ REASON FOR - DESCRIPTION OF WORK TO BE PERFORMED: (date) _ - 1 (signature) PERMIT - This permit to abandon one water well as set forth above is granted under.provisions•of Subpart 5 -2 of Part 5 of the New'lYork State Sanitary Code and provided that: Within 30 days of the completion of the abandonment-of the water well, the applicant shall submit to the Department a certified statement that the information delineated on the application for this permit has been completed.. Date of Issue: ' Putnam County Department of Health Environmental Health Services Two County Building Carmel, New York 10512 I, the undersigned, hereby certify .-that the abandon- ment of my water well has been accomplished in accord- ance with the methods described in my application for a permit to abandon said water well. (Date) (Signature) (Print Name) (1) Application fee for review and approval of RealtySubdivision, Condauuniwn and Cluster 0 Developiient a Water Supply & Sewage Disposal Facilities Individual well water supply or water, treat - '. inent plant with distribution system. $50000 per lot or unit. Subsurface sewage disposal or sewage treat - ment plant with collection system. $50000 per lot or unit. Public water distribution :facilities only. $25000 per lot or unit. Public sewer collection systen only. $25000 per lot or unite , (2) :Application fee .tor review and approval of ,Construction Permits Individual Residential !Lots. Subsurface Sewage Disposal and Individual or Public Water Supply Any lots which were subject to subdivision fees above. no fee any lot not subject to above subdivision fee fir any lot where modification or revisions of the approved water supply or sewage disposal a facilities are proposed.. $100000 o•. D 4 ' 1( b) Ccumerical, Industrial Institutional Developuent Subsurface or surface sewage disposal and central or individual water supply $25.00 per 100 ` gallons sewage (design flow) (4) Application fee for review and approval of Construction Ccgnpliance Certificate - Individual Lots. Any lot with a subsurface sewage disposal systen for which a Certificate of Construc- tion Caupliance is required. $25000 per lot Section 20 Payment of Fees - General Payment of all fees required by the Putnam County Sanitary Code shall be by Certified Check or Money Order payable to the Putnam County Health Department, A plications for permits or approvals shall not be considered complete unless they are accompanied by the proper fees. Section 3. Effective Date of Ordinance This ordinance shall take effect on May 1, 1987, after filing in the Putnam County Clerkp' Office and after filing as a public record with'Ule New York State Health Department. 'If filing wit,-,ji these offices is later than May 1, 1987, tie eff +ective date shall be the first day of the seco ul month following the date of the latest filing. t 0. I _ 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF PUTNAM ----------------------------------- - - - - -X In the Matter of the Application of GLORIA JEAN DeSIERVI, Petitioner, For a Judgment under Article 78'of the Civil Practice Law and Rules, -against - DEPARTMENT OF HEALTH, DIVISION.OF ENVIRONMENTAL HEALTH SERVICES OF THE COUNTY OF PUTNAM, e� AFFIDAVIT IN OPPOSITION TO PETITION Index No. Respondents. ----------------------------------- - - - - -X STATE OF NEW YORK ) COUNTY OF PUTNAM ) SS.: I, JOHN KARELL, JR., being duly sworn,, deposes and says: (1) That I am the Director 'of the Division of Environmental Health Services of the Putnam County Department of Health. ( 2) That I am fully familiar with the facts and circumstances as set forth in this case, having been the Director of Environmental Health Services since August of 1985. (3) Petitioner MS. GLORIA JEAN DeSIERVI, correctly states that a construction permit for the installation of a Sewage Waste Disposal System was granted by this Department on April 12, 1985, (Exhibit !'A" to Return). AFFIDAVIT IN OPPOSITION TO PETITION Index No. Respondents. ----------------------------------- - - - - -X STATE OF NEW YORK ) COUNTY OF PUTNAM ) SS.: I, JOHN KARELL, JR., being duly sworn,, deposes and says: (1) That I am the Director 'of the Division of Environmental Health Services of the Putnam County Department of Health. ( 2) That I am fully familiar with the facts and circumstances as set forth in this case, having been the Director of Environmental Health Services since August of 1985. (3) Petitioner MS. GLORIA JEAN DeSIERVI, correctly states that a construction permit for the installation of a Sewage Waste Disposal System was granted by this Department on April 12, 1985, (Exhibit !'A" to Return). I 61 (4) The system approved on April 12, 1985 fully complied with all applicable Rules and Regulations and in my opinion could have safely been constructed and operated. However, the system was not constructed and the permit expired on April 12, 1986. (5 ) Sometime after the first permit was granted on Apr i 1 12, 1985, a neighboring landowner constructed a new well in closer proximity to the subject premises. This had the effect of extending the minimum 100 foot radius which must exist between a well and a sewage disposal system, (6) Thereafter and by application dated December 2, 1986, Parkwest Properties applied for a new construction permit to install a sewage disposal system on the subject premises (Exhibit) "B" to Return). (7) On January 30, 1987 the request was denied by my Department (See letter of January 30, 1987, Exhibit "C" to Return). The reason for the denial was set forth as follows: le Although this lot was issued a construction permit in 1985 (P- 14 -85), a field inspection for renewal revealed that a new well was drilled on the lot immediately south of the intersection of Preston and Gates. The location of this well is noted on the plans dated, December 1, 1986° The plans indicate that a separation of only 63 feet can be maintained between the proposed well and the proposed SSDS area. Our code re- quires that minimum separation distances must be 100 feet ( 200 feet minimum) direct line of drainage. 2. The minimum application rate acceptable is one gallon per square foot per date. Therefore, 400 square feet of absorption area, plus 50% expansion must be provided, totally 600 square feet. Only 544 square feet.is provided. 3. Plans for the two bedroom structure have not been submitted.. Petitioner then made. application to the Putnam County Board of Health for a variance and the matter was considered on March 30,. 1987. .(See Minutes, Exhibit "F" to Return). It is from this denial.that Petitioner now seeks relief. (8) Article 3, Section 2 of the Putnam County Sanitary Code provides.in part as follows: a. No such system for the-subsurface disposal of sewage shall hereafter be approved unless it is designed and constructed in accordance with --the "Rules and Regulaciuns fur U -1e Design and Construction of Small Sewage Disposal Systems and Recommendations for their Proper Maintenance" adopted by. the Putnam County Board of Health ' on May 19, 1970, or any amendments or subsequent modifications. b. Any application for a permit to construct an individual sewage disposal system which is denied by the Putnam County Department of Health because it cannot meet the require- ments, may be reviewed by the Putnam County Board of Health, who may reverse the decision upon proof of hardship and with the concurrence of the Director of Environmental Health Services, if it is his opinion that a health hazard will not be created by its use. L! h� It is the position of the Department of Health that petitioner submitted no proof of hardship. Secondly, it is.your both this petitioner deponent's position that a health hazard will be created if petitioner constructs and installs a sewage disposal system in close proximity to her own well in direct contravention to the applicable regulations. and.standardso (9) It is the, Department of Health's obligation to protect th.e health and welfare of both this petitioner and and any subsequent owner or occupant of the subject premises. Future occupants have a right to rely on the fact that the premises will be constructed to code and will be safe for their occupancy. I have included in the Return, copies of 10 NYCRR,.Part 75, entitled "Standards for Individual Water Supply and Individual Sewage Disposal System ", a copy of Article III of the Putnam County Sanitary Code and the Department of Health Rules and Regulations entitled "Putnam County Sanitary Code "a These standards are considered to be the minimum necessary to insure protection of the integrity and quality of the onsite water supply system. (10) Your deponent, as Director of Environmental Health Services, has reviewed the plans for the proposed sewage disposal system and in my opinion, the system cannot be constructe safely. i P ' - 0 6 ^ (11) Finally, it is submitted that petitioner has submitted no proof to suggest that the proposed sewage disposal system could be safely installed or further that the Board of Health acted in an arbitrary and capricious manner. No evidence of hardship was submitted and therefore the Board of Health was constrained, as is their duty, to.deny the application. WHEREFORE your deponent requests the Petition be denied in all respects.. n Sworn to before me this 18th day of August, 1.987. Rotary Public N KAREZL, JR. r 11 "1. SUPREME COURT •OF THE STATE OF NEW YORK COUNTY OF PUTNAM ----------------------------------- - - - - -X In the Matter of the Application of GLORIA JEAN DeSIERVI, Petitioner, For a Judgment under. Article 78 of the Civil Practice Law and Rules, - against- DEPARTMENT OF HEALTH, DIVISION OF ENVIRONMENTAL HEALTH SERVICES OF THE COUNTY OF PUTNAM, Respondents. ---------- ------------------------- - - - - -X VERIFIED ANSWER Index # WILLIAM D. SPAIN, JR. ,. County Attorney for the County of Putnam, appearing on behalf of the County of Putnam Department of. Health,. Division of Environmental .Health Services, answering the. Petition of Gloria Jean DeSiervi, respectfully shows and alleges: (1) Denies those allegations as contained -in Paragraph "1 ". (2) Admits those allegations as contained in Paragraph "2" and Paragraph "3 ". (3) Denies having information sufficient enough as to form a belief as to the truth or falsity of these allegations contained in Paragraph "4 ". (4) 1 Admits those allegations as contained in Paragraph 115" & "611. (5) Denies those allegations as contained in Paragraph "7" except admits a letter dated January 30, 1987 which was forwarded to Thomas M. Daly of Shenorock, New York. (6) Admits those allegations as set forth in Paragraph 118" to the extent that an application for a variance was submitted to the Putnam County Board of Health. (7) Admits those allegations as contained in Paragraph 119 ". (8) Denies those allegations as contained in Paragraph "10"; "11 "g "1211; "13" and "14 ". WHEREFORE, defendants demand judgment dismissing the petition, and for such other and further relief as to this Court may seems just and proper. Dated: Carmel, New York August 18, 1987 Y ur , tc. WILLIAM'N D.." S AIN, Jr . Putnam County Attorney Attorney..Vfor Respondents Department of Law .Two County Center Carmel, New York 10512 (914) 2 25-364 1 Toe Putnam County Supreme Court One County Center Carmel, N.Y. 10512 Levine & Montana, Esqs. Attorneys for Petitioner 1019 Park Street Peekskill, N.Y. 10566 ti PETER C. ALEXANDERSON County Executive WILLIAM D. SPAIN, Jr. County Attorney THOMAS F. PURCELL Deputy County Attorney EDWARD T. McCORMACK Deputy County Attorney DEPARTMENT OF LAW ARTHUR JAMES LYONS Deputy• County, Attorney BRUCE K. ROLLMAN Deputy County; Attorney November 24, 1987 Memo To: John Karell Director of Environmental Health Services From: William D. Spain, Jr. County Attorney PiN Re: Gloria Jean DeSiervi v. Department of Health, etal. Enclosed herewith for your files, please find copy of Decision in the above entitled matter denying the application of Gloria Jean DeSiervi. WDS:ml enclosure cc: Raymond Jones, Chairman Putnam County Board of Health TWO COUNTY CENTER - CARMEL, N.Y. 10512 (914) 225 -3641 Ext. 260 N SUPREME COURT OF THE.STATE OF NEW YORK COUNTY OF PUTNAM -------------------------------- - - - - -Y o In the Matter of the Application of GLORIA JEAN DE SIERVI, Petitioner, - against - DEPARTMENT OF HEALTH, DIVISION OF ENVIRONMENTAL HEALTH SERVICES OF THE COUNTY OF PUTNAM, Respondent. ------------------------------------- X. DICKINSON, J. REIM D E C I S I O N Index No. 879/87 Mot.Datea 9/8/87 Petition for an order pursuant to CPLR, Article 78 setting aside a determination of Respondent denying Petitioner's application for a well and sewage disposal system variiance. The application is denied and the Petition is dismissed._ It is uncontroverted that Petitioner received a permit on April .12, 1985 whi.ch expired on April 12, 1986. Re- application for the permit was made on. December 2, 1986 and denied on January 30, 1987. In the interim between the expiration of the permit and re- application by Petitioner, an ajoining landowner sdught and received a permit for a well. and sewage system which, when in place, no longer allowed Petitioner to construct their well. and sewage system as 'it would not meet code requirements. Unlike a situation for a variance of small degree which has no appreciable impact on the sujL4Pyjd2k(Z aAAgM the thirty- A VI J0 INg"IeVhaa AiNnoo MyNift 0.7A1303V r 1 • ' DE SIERVI V. DEPT OF HEALTH, etc. - 2 - seven foot variance requested herein will have an .affect on the health and safety of the surrounding area. The Board's determination cannot be said to have been arbitrary and capricious and, as a result, will .not be overturned by this Court. The foregoing shall. constitute the full decision and order•of this Court. J.S.C. Dated: Carmel, N.Y. November 10, 1987 LEVINE & MCNTANA (for Petitioner) 1019 Park St., P.O.Box 668 Peekskill, N.Y. 10566 PUTNAM COUNTY nFPT, OF LAW ("for Respondent) County Office Building,, Two County Center. Carmel, N.Y. 10512 STATE OF NEW YOR& COUNTY OF FIFTRAM aF 1. JOSEPH L PELOSO. JR. COUNTY CLERK An CLERK OF THE SUPREMEAND COUNTY COURTS PUTNAM COUNTY 00 HEREBY CERTIFY THAT 1 HAVE COMPARED THIS COPY WITH THE ORIGINAL THEREOF FILED IN MY OFFICE ON 11 16, _.-�► AND THAT THE SAME IS A CORRECT TRANSCRIPT THEREFROM AND OF THE WHOLE OF SUCH ORIGINAL IN WITNESS WHEREOF. 1 HAVE MEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL l IIS J� ssEJal aTr of wp *m SOfa RsMTOi a v^ mow =x". QU M t PETER C. ALEXANDERSON County Exea;t +a.. WILLIAM D. SPAIN, Jr. County Attorney Memo DEPARTMENT OF LAW THOMAS F. 'PURCELL Deputy County Attorney JOAN ECKENWALDER Deputy County Attorney EDWARD T. McCORMACK Deputy County Attorney ARTHUR JAMES LYONS Deputy County Attorney September 9,1987 To: John Karell, Jr. Director of Environmental Health From: William D. Spain, Jr.. County Attorney Re: Gloria Jean DeSiervi Article 78 Proceedings Enclosed herewith for your information please find Reply Affidavit from the attorney representing Gloria Jean DeSiervi. WDS:ml enclosure TWO COUNTY CENTER - CARMEL, N.Y. 10512 (914) 225 -3641 Ext. 260 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF PUTNAM - - - - - - - - - - - - - - - - - - - X In the Matter of the Application of GLORIA JEAN DeSIERVI, Petitioner, REPLY AFFIDAVIT For a Judgment under Article 78 of the Index No. 879/87 Civil Practice Law and Rules against - DEPARTMENT OF HEALTH, DIVISION OF ENVIRONMENTAL HEALTH SERVICES OF THE COUNTY OF PUTNAM, Respondent. - - - - - - - - - - - - - - - - - - X STATE OF NEW YORK ) COUNTY OF ) SS.: T. MICHAEL DALY, being duly sworn, deposes and says: le That I am a Professional Engineer with offices at Route 6, Mahopac, New-York 10541 and am fully familiar with the design of the well.and septic system under consideration in the above - captioned action.. 2e I make this Affidavit in support of Petitioner's Article 78 Proceeding which is presently before the Court seeking an Order reversing, annulling and setting aside the denial of March 30, 1987 of a variance request regarding a proposed well and septic disposal system on premises designated as tax map number 44 -1 -7, Town of Patterson, County of Putnam, 30 - That it is my professional opinion that the well and septic system can be constructed safely with no resultant health hazard. -1- s � 4 4. That safety would be assured ^by double casing the well and by installing an ultra violet disinfectant system to the inlet piping. 5.. That in my practice as a professional engineer, I have inspected several existing homes in which the well /septic system separations were less than the 63 feet proposed in the instant case and in all of these instances the laboratory tests indicated a safe water supply even though the precautions proposed by the Petitioner, i. e. double casing and the installation of ultra violet disinfectant, were not present. 6. That the proposed septic system does not pose a health hazard and that an Order reversing the denial of the variance request would not be harmful to the public health and safety or to the health and safety of the occupants of the premises utilizing the proposed well /septic system. WHEREFORE, your deponent prays that the relief requested by -the"?etitioner, GLORIA JEAN DeSIF,RVI "bd'- granted. Sworn to before me this 7� day of September, 1987 1 C_ Q '24'n": Notary Public DAVID E. LEVINE 'Votary Public, State of New York No. 4666031 Qualified in Westchester Co my Term Expires Ca:. 31, 19 T. -2- Index No. 879 Year 19 8 7 SUPREME COURT OF THE SATE OF NEW YORK COUNTY OF PUTNA14 In the Matter of the Application'of GLORIA JEAN DeSIERVI, Petitioner, For a Judgment under Article 78 of the. Civil Practice Law and Rules against DEPARTMENT-OF HEALTH, DIVISION OF ENVIRONMENTAL HEALTH SERVICES OF. THE COUNTY OF PUTNAM, Respondent. REPLY AFFIDAVIT LEVINE & MONTANA Attorneys for Petitioner 1019 PARK STREET P. O. BOX 668 PEEKSKILL, N. Y. 10566 (914) 737 -3515 To: William Spain, Jr. Attorney(sl for Respondent Service of a copy of the within is hereby admitted. Dated: ....................... ............................... Attorney(s) for PLEASE TAKE NOTICE ❑ that the within is"a (certified) true copy of a oo` NOTICE OF entered in the office of the clerk of the within named Court on 19 ENTRY 0 _a Y ❑ that an Order of which the within is a true copy will be presented for settlement to the Hon. NOTICE OF one of the judges of the within named Court, SETTLEMENT at on 19 , at M. Dated: To. Attorney(s) for Attorneys for LEVINE & MONTANA 1019 PARK STREET P. 0. BOX 668 PEEKSKILL, N. Y. 10566 PUTNAM COUNTY DEPARTMENT OF HEALTH — DIVISION OF ENVIRONMENTAL HEALTH SERVICES INDIVIDUAL (nIPM SUPPLY SUBSURFACE SEWAGE DISPOSAL SYSTEMS - %- FIELD INSPECTION REPORT r� (Name of Owner) (Street Location) INITIAL SITE INSPECTION YES NO Wetlands on /or proximate to property .............. 'S Property lines or corners found ................... Can estimate house location ....................... Willdriveway need cut ............................. Must trees be removed - note these ................ Deep holes representative of entire SDS area...... Additional deep holes needed..... .............. Sufficient SDS area available considering driveway cut, house location, separation distances,etc... Adjacent wells/ septics ............................ — INSP. BYE. --e- COMMENTS At", 'e c`c .. - ound aver G G.WW. - Groundwater D.H. 1 Lot ,� ��' D.H. 2 Lot D.H. 3 Lot Depth to G.W. Depth to G. W. © /,/ Depth to G. W. Depth to rock �, Depth to rock Depth to rock Soil Descri tion Soil Descri tion�� 0 ft. 5 fZ,.r�"j ,' /U 0 ft. fir' // ft. 3 ft. `''c / it 3 ft. .S'`'�c✓o�`y `• 3 ft. 6 ft. 6 ft. L- ��/`/.5 s°�i 6 ft. /5 9 ft. 9 ft.: 12.ft 12 ft. 9 ft. 12 ft. Soil DATE: FINAL SITE INSPECTION INSP.BY: YES NO COMMENTS House SSDS located per approved plan ............. Length of trench measured Width of trench average Slope of tile line and trench acceptable......... Roam allowed for expansion trenches .............. Over 100 ft. from watercourse .................... Natural soil not stripped or SDS area unnecessarly graded ............................ 10 ft. maintained from property line and 20 ft. from house .............................. Distance well to SSDS (ft.) ...................... Number of bedrooms checks ........................ Stones, brush, stumps, rubble, etc., greater than 15 ft. from nearest trench ................ 15 ft. of peripheral soil horizontally from trench ..... ............................... Boxes properly set... .... ................... Could surface runoff from driveway, roads, ground surface, etc., channel near SDS area.... _ Does lot drainage appear OK in area of SDS....... FINAL GRADNG OF SITE ACCEPTABLE.. .... ... A APPLICATION FOR PUBLIC ACCESS TO RECORDS TO: RECORDS ACCESS OFFICER DATE: � /,-F 7- Name of Agency 61,0SEPH L. PELOSO, JR. PUBLIC • INFOR!IATION OFFICER 1/0 D %t Address r OJ-) Z I HEREBY APPLY TO INSPECT THE FOLLO'NING RECORD: fin«% Of ���r�►�t i <9Wt�� %4 /y'�� y�`�- Arj o �GY {C/f ,�•2Vlht Signature 1�r 1 9 Al', - d, /� k, Rezresentinc Mailing Address r— D a ,,,n Ma 7x P, -rt n —ti rn -4 FOR AGENCY U ONLY APPROVED rl-; DENIED /�7� L✓ Record of which this agency is Legal Custodian cannot be foun Record is not maintained by this Agency Signature Title Date NOTICE: YOU HAVE A RIGH.T TO APPE::L A DENIAL OF THIS APPLICATION TO THE PUTNA24 COL`ITY:'EXECUTTVr . Name Business Address WHO MUST FULLY EXPLAIN HIS REASONS FOR SUCH DENIAL IN WRITING SEVEN DAYS OF R. CEIPT• OF AN P?PF,riL. I HEREBY APPEAL: Signature Date PETER C. ALEXANDERSON County Executive DEPARTMENT OF HEALTH Division Of Environmental Health Services April 20, 1987 Michael T. Daly, P.E. Box 243 Shenrock, New York 10579 RE: Variance Request Proposed SSDS /Well Parkwest Properties 'Tax"Ma "p 44-1-7 Dear Mr. Daly: JOHN SIMMONS. M.O. Deputy Commissioner Please be advised that you have exhausted the remedies in the Department to gain approval of this property for sewage disposal and water supply. Your recourse now is—through the-- .courts,j .e. an Article 78 JK:pt cc:JK File Raymond Jones Parkwest Properties Vier tI y u ohn Karel1, Jr., P.E. Director, Environmental Health Services f'�vnau�Eiit9 Snyiuiee2 (914) 628 -0507 BOX 243 SHENOROCK, NEW YORK 10587 April 15, 1987 Putnam Co. Dept. of Health 110 Old Route Six Center Carmel, New York 10512 Attention: Mr. John Karell, P. E. J Ref: Variance Request C6 Proposed SSDS /Well -- Parkwest Properties y� TM #44 -1 -7 = -rn (T) Patterson C\ Dear Mr. Karell, The purpose of this" "left° -r -- is --- toz-resp, tfully request ..: any "pertinent-- -documentation that led to the rejection of the above mentioned variance by The Putnam County Board of Health. We would also like to inquire as to if there is an appeal procedure that could be undertaken. 'I Thanking you in advance for your cooperation in this matter. I remain Very truly yours, M, e �yy,'KZ�.__ CC:Parkwest Properties TMDobh PETER C. ALEXANDERSON, County Executive DEPARTMENT OF HEALTH Division Of Environmental Health Services April 1, 1987 Mr. Arthur DeSienni Park West Properties, Inc. 6 Hope Lane Somers, New York 10589 Dear Mr. DeSienni: JOHN SIMMONS. M.D. Deputy Commissioner RE: Variance Request Proposed SSDS /Well Parkwest Properties TM #44 -1 -7 (T)'Patterson You are hereby advised that your request for a variance from provision of the required 100 foot separation distance between your proposed well and the proposed sewage disposal system to serve the above captioned property has been considered by the Board of Health on March 30, 1987, and _..::_.. de.ni ed:. __ .,_ . _......... __ .._.. _ .................. , ... _ If you have any questions, please call Mr. Karell, Director, at Ext. 304. RJ:pt cc:Raymo.nd Jones, BOH JK File T. Daly (T) Patterson B.Inspector t. ry truly y rs, !R-ay and Jone t President Board of Health 110 OLD ROUTE SIX CENTER - CARMEL, N.Y. 10512 (914) 225 -3641 I- .... _ -._ _ _.- _______ __. _ _... _ _ tJ2&-r r) I vp- 3 Wo 1 il PETER C. ALD(ANDERSON County Executive DEPARTMENT OF HEALTH Division Of Environmental Health Services Mr. T. Michael Daly March 20, 1987 Box 243 Shenorock, New York 10587 RE: Variance Parkwest Properties Preston Place & Gates Drive TM 44 -1 -7 (T) Patterson Dear Mr. Daly: Please be advised that the Board of Health Meeting that was scheduled for March 23, 1987 has been rescheduled for March 30, 1987 at 7:30 P.M. Very truly yours, John Karell, Jr., P. E. Director, Environmental Health Services JK:pt cc:JK File JOHN SIMMONS, M.D. Deputy Commissioner JOHN KARELL, P.E. Director 0 110 OLD ROUTE SIX CENTER - CARMEL, N.Y. 10512 (914) 225 -0310 PETER C. ALEXANDERSON County Executive DEPARTMENT OF HEALTH Division Of Environmental Health Services Mr. T. Michael Daly Box 243 Shenorock, New York 10587 March 3, 1987 Re: Variance Parkwest Properties Preston Place & Gates Drive TM 44 -1 -7 (T) Patterson JOHN SIMMONS. M.D. Deputy Commissioner Dear Mr. Daly: Receipt of your letter dated February 23, 1987 requesting a variance from the minimum well to sewage system separation distance is hereby acknowledged. Please be advised that this matter has been placed on the agenda for the next Board of Health meeting scheduled for 7:30 P.M., March 23, 1987. The owner or his representative should be present to discuss the reasons and justification for the variance. Prior to the meeting three additional sets of plans should be submitted. The Plans - shot:ld show. the 1":.aticnn of adjacent hawses, SSDS t s Gnd wel1 s, • to scale. If land is vacant it should be so noted. If you have any questions, please contact me at Extension 241. Ve tru y, your , ohn (j > Karell, Jr., P.E. Director Environmental Health Services JK/jP cc:.Mr. Raymond Jones Arthur DeSleani, Parkwest Properties 110 OLD ROUTE SIX CENTER - CARMEL, N.Y. 10512 (914) 225 -3641 T M.IC H A.FL DA LY, P F, (_'onauLRnrg Enyincoc Coll, 8% OF /Y VP Putnam County Department of ic-�lth 110 Old Route Six Center Carmel, New York 10512 Attention: Mr. John Karell Jr., P.E. Ref: Parkwest Properties Preston Place & Gates.Drive (T) Patterson (Putnam Lake) TM44 -1 -7 Dear Mr. Karell, (914) 628 -0507 BOX 243 SHENOROCK, NEW YORK 10587 February 23, 1987 Pursuant to your letter of January 30, 1987, I am enclosing the following: I) Three sets of revised plans, dated 2/6/87, showing 36 lin. feet of galleys and 20 lin. feet expansion galleys.(one check print with changes.highlighted in yellow) This reflects the application rate of 1.0 GPD /Ft2, or a total of 608 square feet provided VS 600 square feet required. II) Two sets of house plans. (2 bedroom house). I would respectfully request that the above mentioned item be placed on the agenda for a hearing with the Putnam County Department of health. The purpose of the hearing.would be to seek a variance from 100 feet to 63 feet on the separation between proposed well and proposed sewage disposal system. Please note that the 100 foot separation can be met between well and sewage disposal system on all neighbors lots. In order to ameliorate the potential harmful effect, I would propose the following: Double case the well Install a Ultra- Violet disinfectant system on the inlet piping. Require that Parkwest Properties record on the deed, .a "Hold Harmless Clause ". If you have any questions, or require additional information, please do not hesitate to contact me. Very truly yours, T. ichael Daly, P.E. CC:Parkwest Properties TMD:bh PETER C. ALEXANDERSON County Executive Thomas M. Daly Box 243 Shenorock, New York 10587 Dear Mr. Daly° DEPARTMENT OF HEALTH Division Of Environmental Health Services January 30, 1987 RE: Park West Properties Preston Place and Gates Drive (T) Putnam Lake IM #44 -1 -7 JOHN SIMMONS, M.D. Deputy Commissioner Review of plans and other application materials submitted relative to a construction permit for the above captioned property has been completed by this Department. Based upon such review and pursuant to the provisions of Article III of the Putnam County Sanitary Code and Part 75 of the State of New York, Code of County Rules and Regulations, you are hereby advised that this proposed method of providing water supply and sewage disposal are considered inadequate for the following reasons: 1. Although this lot was issued a construction permit in 1985 (P- 14 -85), a field inspection for renewal revealed that a new well was drilled on the lot immediately south of the intersection of Preston and Gates. The location of this well is noted on the plans dated, December 1, 1986. The plans indicate that a separation of only 63 feet can be maintained between the proposed well and the proposed SSDS area. Our code requires that minimum separation distances must be 100 feet (200 feet minimum) direct line of drainage. 2. The minimum application rate acceptable is one gallon per square foot per date. Therefore, 400 square feet of absorption area, plus 50% expansion must be provided, totally 600 square feet. Only 544 square feet is provided. 3. Plans for the two bedroan structure have not been submitted. As such approval of the proposal (2) copies of the plans. If you 225 -0310, ext. 304. JKsmk cc: (t) Putnam Valley Building Dept. JK File cannot be granted, returned herewith are two have any questions, you can contact me at i iy s, hn Karel , Jr., P.E, rector, Environmental Health Services 110 OLD ROUTE SIX CENTER - C.ARMEL, N.Y. 10512 (914) 225 -3641 s- . 13 PUTNAM COUNTY DEPARTMENT OF HEALTH �.. .:. _....�._...____._. . --- ...__._...:DI'dISIl�N Date ��•�`� Re: Property of �/ �i/�Sf / i�crPO^�T _,Loez Located at V4 (T) n 144 Bloch Lot Subdivision of TU-1-04m� Subdv. Lot #{30--`33S Filed Map Date Gentlemen: This letter is to authorize a duly licensed professional engineer or registered architect (Indicate to apply for a Construction Permit for a separate sewage system, to serve the above noted property in accordance with the standards, rules or regulations as promulagated by the Commissioner of the Putnam County Department of Health, and to sign all necessary papers on my behalf in anal to s»nerva.sP_ the _..c...on•st.rizci pia. o'.f. • sa.d system or systems in conformity with the provisions of Article 145 or 147, Education Law, the Public Health Law, and the Putnam County Sani- tary Code. Very truly yours, ZZ %G� i gn e d �C Countersigne Owner of Property Address Add s 4VI-0-102� )J-Z) Telephone Town 9/V Telephone PUTNAM COUNTY DEPARTMENT OF HEALTH Division of -«viLonr�enta -.- Health-Sery Zes" AFFIDAVIT — CORPORATE OWNER APPLICATION FOR PERMIT APPLICATION SUBMITTED TO PUTNAM COUNTY HEALTH DEPARTMENT TO: Commissioner of Health In the matter of application for: represent that I am an officer or employee of the corporation and am authorized to act for / Gq j,ZjD5� 1qZoP,6>r i5 (Name of Corporation) having offices at l -{/�[r Gild Whose officers are: r President: 41e � /�yj2. (Name and Address) Vice — President: (Name and Address) Secretary: 44 (Name and Address) Treasurer: (Name and Address) and that I am and will be individually responsible for any and all acts of the corporation with respect to the approval requested and all subsequent a is relating thereto. Sworn to before me this ,�, day Signed: o f � =, 199 � Title: Notary Pub'li'N'otary Public 'State- of NewYcrk No. 60-'4133575 Qualified in Putnam County ,ommission Expires March 30,19 Corporate Seal 8/84 L 3 ­.-46"r to pilrWit # /86 'iDiv'tsloim'of-E6*iroiti�exitid'Hiad6 SoiiiMb6i. eli N.Y. 105 Proyide on CERTIFICATE Permit 4,`g� 4STRUMON PERMIT FOR-SEWAGE DISPOSAL SYSTEM 7 7 1 J%A 3r- Town or, Village VA 14,0 Block Lot S vlalonNoazne A Tii IM" Sol:iA., Lot # Renew Roil 0 1 *fier/ApIPULciiiit ~Date of zv, A jj-;F U Milling B uIldInj a" _Type " N uniii of Bedrooms -Design iii, 'G/PZD FN Secfi p Volinhe Is ke4ilredWIteik Fill I's completed Se Ij Pall"Ite'Sewersige System to consist -7 k. 46 ie c'onsiluctoa&by `Address -j ,al ister Supply: Pub lie Supply From or: Private Supply Drilled by Other Requirements :,r t��n 6f �tijle 1,1 represent that) am wholly and completely 41'6ca pieiely iespcinii�laf�6he�oiieii'qn �i the-, separate sewage disposal system above d ent-there'to b , escribed wIll be constructed nstructeil is shown"oh'the aoprcived',i`mA'am`- and n accordance with the standards, rulis and regulations of the, Putnam :County .Department '�cif.' •-Aaalth,- and that ciri_compIetiod thirtiiif a "6j6hifjijaie: 6orropliance" sitisfactbr`yL C oTmissioner of Healthwill be submitted to 1' oviitten! liijiroinieii successors, rs:or:assiglni by the builder*, that said builder will'.. _p�r his su6eesscori: at .Toni, and, a Wi!! be Mpspt .�Oiiiowne condition any' part 4 of." p ace,Jn good �ppe�ratijg ;q_ said: sawaje.- i i iod following the date of the iisu- Orcova, ".., .1 ��j ; 2 i sy,s!o T,�.d during I of (2)L.year lit once. Of the. approval th6-,, Certificate of., Con st ruct ion,.. Cq!no! iaqco',�bi_f�j he-o i, I' I y Ce c ny,iepaj�s r. that the drilled Welfclescrjt�ecl above 0. will bi located: "n' the roo�edplariihd that said Well Will b6'1' , t tied a M781TO III —so the .,�Putnarn h�p' co the' 'find.regu a ons, t f7 nt" 16 k i 7. t id P.E_: .7— j' building h "APPROVEOFO R -CONS t R YCTI 0. :::This approval expi construction f t as-been 'undertakion and Is 9 ires o9e. yeararq,o�,the_clata -issued., unless "tlj��thedommlisioh r,61"kealih. 'A revocable 'ior­•"use dr,miy be amended or modified Wheri considered necessary 0, .change; or alterationi_ of construction ieclu iris -41'�neW. perm it.:. Apiir:&va�d. for disposal .of domesi ic, sr" na`ry, !!W ' 'and/or private- water. supply oril" ."t . ... .. ... ii y_ Date y Title ic DEPARTMENT OF HEALTH ..Division of Environmental Health Services TWO COUNTY CENTER - CARMEL, N.Y. 10512 (914) 225 -3641 .--- APPL-ICATTIOI -_:TO CONS TRUCT•.Po.WATER._.WELL-� PCHD PERMIT #— WELL LOCATION Street Address Town/Vi llage City Tax Grid Number WELL OWNER Name Address estivate O Public USE OF WELL 1 - primary 2•- secondary tESIDENTIAL ® PUBLIC SUPPLY ❑ AIR /COND /HEAT PUMP ® BUSINESS 0 FARM 0 TEST /OBSERVATION ® INDUSTRIAL O INSTITUTIONAL 0 STAND -BY 0 ABANDONED O OTHER (specify AMOUNT OF .USE YIELD SOUGHT ' gpm /# PEOPLE SERVED k /EST. OF DAILY USAGE .300 gal REASON FOR DRILLING CREW- SUPPLY OREPLAC EXISTING OPROVIDE ADDITIONAL SUPPLY SUPPLY 0DEEPEN EXISTING WELL ®TEST OBSERVATION DETAILED REASON FOR DRILLING WELL TYPE EjdRILLED ®DRIVEN ®DUG ®GRAVEL 0 OTHER' IS WELL SITE SUBJECT TO.FLOODING? YES IN0 IF WELL IS LOCATED IN A REALTY SUBDIVISION, NAME OF SUBDIVISION: �TU&M Lot No .b 34.30 - 51754-?54; WATER WELL CONTRACTOR: Name Address: IS PUBLIC WATER SUPPLY AVAILABLE TO SITE: YES ,/NO NAME OF PUBLIC WATER SUPPLY: TOWN /VIL /CITY ..:. DISTANCE_..TO..FRQPERTY - FROM: NEAREST__ WATER. MAIN:__.',:._ .,.,._. .:____._....�_...� -------- ..:.._ LOCATION SKETCH & SOURCES OF CONTAMINATION PROVIDED []ON REAR OF THIS APPLICATION ON �ZG (date) PERMIT TO CONSTRUCT A WATER WELL This .permit to construct one water well as set forth above is granted under the provisions of Subpart 5 -2 of Part 5 of the New York State Sanitary Code, and provided that within thirty (30) days of the completion of water well construction, the applicant shall: 1. Pump the well until the water is clear. 2. Disinfect the well in accordance with the requirements of the Putnam County Health Department attached to this permit. 3. Submit a Well Completion Report on a form provided by the Putnam County Health Department. Date of Issue: 19 Date of Expiration: 19 Permit Issuing Official Permit is Non- Transferrable 8/86 4CONSTRUCTIUN PERMIT FOgRad�S- �EW�AGEDISP z , located at z a .�.`A.w ' �y Subdnnsion -c��J yam• \ -�^^ Y z t i� Owner /Addcesa , _ h rBuiltling Type F—���� L ' Lot Ai `Number of Bedrooms benign Flow c /P /D; i4 , Separate2Sewerage System to consist of ti �7 rc x n To be Constructed by a water Supply PubUc Supply From } � r � � u �+�w}'� L, : �-� Piwate Supply to }be tl►llled'I t t Address 1 ytOther Requuements e ; . 1jreoresent that f,am wholly and eompletely,respons�blei ,above des.. cribed will be`'coiistrueted as shown on the(appro i - ;County .?Oepsrtment of .;Health, ,and that on cOmoietiBn; be submitted to the'Depgr`tment : and a .written guaran ?' place m ygood <toperatmg conddion' any part of said sei fiance of the approval of'Ithe Certitocate of Constr`uctioi will be'located'ai;3hawn . on.the approvetl plan and fhat saii " .County.D artinent of HHealth 5 Date � t Address x, APPROVED FOR.CONSTRUCTION 'This:approval exp revocableYor cause or may be amended or•in6dM6d when equ�res 5 rie ,perlmit '`Approved for disposal of dom'i .B k Y' Rev 9 81•. r CY ,bEPART. t fQ'OF HEALTHY n Permit ,N ` rtal Health Services 41;,, ,, N : Y 10512 SYSTEM f�t�C'F Qs loge Tax Map r :Block t Lot. Renewal Revision u. s �t o- , ,57 ; is ^ - r }' } • z � .. ' Date Of Previous Approval y Fi11'Section On1y,0 * P CHr D NotifiTc'a-tion Required,r �t ." ".,Q `.mac'., Addresss ti i 1 3 r' ign'and Jocation,,i of- tha proposed systems) ;1') ,that the, separate sewage din 'osal s° stem tlment the8 \to and ;in accordance with the standards, rules and regulations of e Putnam I Certrficate of CoristrucUon`. Compliance , satisfactory',to the Commissioner of ,Healthvvil) �e;furnished' the owner his °successors; heirsor'assipns , by' the builder, that said,builder. will iosai system(`durmg 4he period of t vol2) years mime ly' ollowing the date `of the issu ancefiof "the original: system %or any repair hereto ' 'th the drilled;'weli described above , I bem'installed' ac co nce „?' nth the ",s ards les, rid'�regu aTfions , of the. Putnam J e.. P.E. 'R A ,. License //NO r ea -r date issued unless construction': of the bu�lding'fias been.undeitikeq and is ednecessaryDy the Co one! "ot Healthy Any_ change_ o►;;slteration of construcfion tart', } wage and /or ;p► ate .w ter, supply only � L "' Title S •� i J 12 r PUTNAM COUNTY DEPARTMENT OF HEALTH DIVISION 'OP ENVIRONMENTAL HEALTH. SERVICES COUNTY OFFICE BUILDING, CARMEL, N.. Y. 10512 DESIGN DATA`-SHEET- SEPARATE - SEWAGE DISPOSAL SYSTEM FILE•NOe -. Owner C 40 ES, Address Located at: Street F-. Sec: Block —:Lot .. n ica e nearest cross s ree Municipality_ Watershed _ lu SOIL PERCOLATION TEST DATA REQUIRED TO BE SUBMITTED WITH APPLICATIONS ,.. oe Number CLOCK TIME PERCOLATION PERCOLATION Run apse .Depth to WaTer Water _ve .. No. Time From Ground Surface'in Inches Soil Rate, . Start -Stop Min. Start Stop Drop in Mine /in drop Inches Inches Inches 5 2 toe l 2 3 5 . Notes: 1) Ns'ts to be repeated at same depth until approximately equal soil rates are obtained at each percolation test hole. All data to be submitted for review. 2) Depth measurements to be,made from top of hole. TEST PIT DATA REQUIRED TO BE.SUBMITTED WITH APPLICATION DESCRIPTION OF SOILS ENCOUNTERED IN TEST HOLES DPPTH HOLE NO. HOLE NO.- .HOLE NO. G.L.`i 6" _ 12" _ 18" '24" Lci�\M 301 36" 42" 4811' 541 60" r 66" 7211 84" INDICATE LEVEL AT WHICH GROUND WATER IS ENCOUNTERED INDICATE LEVEL TO WHICH WATER LEVEL RISES AFTER BEING ENCOUNTERED TESTS MADE BY —11M mate D IGN Soil Rate Used Q— 5- Min/l "Drop : S.D. Usable Area ,Provided No. of Bedrooms) Sept c Tank Capacity 5- OF Absorption Area Primed By�L.F.x24" �P 5 Y �a� c Ot Address 045 THIS SPACE FOR USE BY M. 11PH DEPARTMENT ONLY: Soil Rate Approved Sq. Ft /Cal. Checked by Date C PUTNAM COUNTY.DEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL HEALTH SERVICES Date lL� Re: Property of CAR-t> Located at %SQL (T)k-T-fE2;r,03 Section Block Lot Subdivision of MAP -E, — 'RnAA'Yl LAtG Subdv, Lot #- A rai6- Filed Map # 149 Date lel' 3% Gentlemen: This letter is to authorize a duly licensed professional engineer or registered architect (Indicate to apply for a Construction Permit for a separate sewage system, to serve.the above noted property in accordance with the standards, rules or regulations as promulagated by the Commissioner of the Putnam County Department of Health, and to sign all necessary papers on my behalf in connection with this matter and to supervise the construction of said system cr systems in conformity with the provisions of Article 145 or 147, Education Law, the Public Health Law, and the Putnam County Sani- tary Code. Tery truly yo Telephone Address Town Telephone r � � PETER C. ALEXANDERSON County Executive JOHN SIMMONS, M.D. Deputy Commissioner DEPARTMENT OF HEALTH JOHN KARELL. Jr., .P.E. Director Division Of Environmental Health Services 110 Old Route Six Center, Carmel, New York 10512 (914) 225-0310 Memorandum To: William Spain, County Attorney From: John Karell, Jr., P.E. I k11 Re: Parkwest (DeSiervi), Article 2, Date: August 4, 1987 Attached copy of Board of Health minutes, March 30, 1987. Putnam County Board of Health March 30, 1987 The Putnam County Bca_d of Health Meeting was called to order at 7:40 p.m. on March 30, 1987. The meeting was held at the Con =erence Room, BOCES Building n3 in Carmel. A quorum was press -t. Members attending we-re: Raymond S. Jones, President, Sara :%IcGlinchy, Gregory Quinn, Dr. Michael Schoolmar_, Dr. Geraldine ZamcvsXI , and Arlene Rice (representing County Execu-ive, Peer C. Alexanderson) . Health Department attendees were Dr.. John S i_ mcns , John Kare ll and! }laine Krueger. A variance was requested by Mr. Kenneth DeFreitas of Lakeport Drive in Putnam Lake who proposed a sewage disposa_ system 82 feet from his own well water supply when 100 feet is required. Tom Daly, O.E. presented the case stating that adjacent lots are vacant and they were prepared to double case the well, instail a disinfectant system in the well pump, and include a hold 'harmless clause in the deed to protect the County from being included in future lawsuits due to this variance. A -ter discussion, the Board disapproved this variance request. A variance was requested by Mr. Puccini of Lake Mahopac who proposed a well which is 11-0 feet from a neighbor's sewage system when 150 feet is required. One issue was whether the neighbor (Mr. Cohen) has a cesspool or a septic system. Mr. Puccini claimed that another neighbor (Mr. Sil lens) on the other side of Mr. Puccini, recently installed a well closer than 150 feet to Mr. Cohen's_sewage system and..questioned the accuracy and consis tency or the distances involved. •. � Trre IIcal th Dc -p -r- dent had suggested that Mr. Puccini install the well across the �tre °t on his own property. After discussion, Gregory Quinn made _ motion to approve the variance :•pith a double -cased well. Sa_ McGlinchy seconded this. Sara suggested that this be tab_e. next month in order to validate the kind c_ sewage system Mr. Cohen has. A variance was also requested by Parkwest Properties who had been issued a permit to build a weli in April, 198 .5. This permit expired and Parkwest then reapplied. However, in tie meantime, a neighbor built a well. The prcocsed sewage s-• - 63 feet from the proposed well, in order maintain 100 =-:_ -tom this adjacent well. Mr. Tom 'Daly, P.E. _- presented request stating that the well would be an disinfection system would be _i- stalled would be added to the deed. Sara McGlinc.` -race a mot.: :: ac•crove the variance. Dr. Schcclman .his and -_ ____ was cen i e . The Board di sc'1s_q d the DL - pend --4 - per:uits for adjacent propertie_= . 2 Business: Non - smoking regulations: Dr. Simmons reported that it is expected that litigation might be pending in Albany regarding the new regulations expected to begin May 7th in New York State Dr. Simmons also noted that a workshop regarding the new smoking code would be held tomorrow and Dr. Simmons and Elaine Krueger will attend. Dr. Schoolman then moved that Putnam County Board of Health adopt the Sanitar_° Code concerning non - smoking in accordance with the state cc-de. After discussion, this was unanimously approved by the Board of Health. Dr. Simmons gave his report: 1. A letter was received from Dr. Albert DeMartino to County Executive Peter Alexanderson regarding Article 6 of the Public Health Law applic -lion for state funds. The letter advised that the new regulations be noted with respect to a £u ll -time health officer. Dr. Simmons and the Board of Health are in favor of t.-is. Sara McGlinchy made a motion to have Mr. Jones write a letter to Mr. Alexanderson in support of the full -time Commissioner of Health. Dr. Zamoyski seconded this and it carried. Therefore, a letter from Mr. Jones will be sent to the County Executive stating this recommendation and Board approval. 2. Payment of accountant's bill ( Simione and Simione) is still pending as the auditor is claiming that $775 is part of other charges. Arlene Rice said that Peter Alexanderson will bring this to the attention of the Audit Committee of the Legislature. 3. Repor cable diseases:,- - ..,. ___. _..__. - . . ,. a) - TB - -new cases this year (in March) are more than any previous year's total, numbering 4 cases (or suspect cases) reported in March, 1987. The special circumstances are that two were "homeless ", placed in the Fox Ridge Motel and these persons' previous residences were in Westchester, County. b) AIDS - -makes more people susceptible to TB and these people may not have positive skin tests. AIDS testing is now being done in New Rochelle and people who received blood transfusions in urban hos_oitals from 1978 to 1985 are re- questing to be tested. c) Meningitis- -_ -orted in a PARC client (pneumonoccal and follow -uz has been done. Patient was hospitalizes Danbury. d) Lyme Disease - -three cases reported this vear. Mr. Karell gave his report: 1. Annual report synopsis of =:e Division of Environmental Health Services was distributer _0 Board o- Health members. 2. Radon - -most tests were below 4. 100 radon kits were returned. 3 _ - 3. Mahopac Ridge Water District had replaced 1000 feet of pipe to correct a long- standing problem. Some mains leaking severely and need to be repaired. a.. Lake Baldwin- -.Town of Carmel is moving to approve funding for repairs to this old water system. :z. Town of Southeast - -5 new se=•:age systems are failing a =t=_ 6 -8 months use. It was found that the soil is poor and the fill was bad and should be replaced. The design engi -ree- considered primarily responsible for quality of fill. Litigation is, possible.uniess developer and engineer can agree to make repairs at no cost to the homeowners. 6. Barrels of toxic substances in Kent remain on site and Mr. Jones suggested that Jack Karell contact the State DEC reaardint the status of this situation. Elaine Krueger gave her report: 1. T3 -- Nursing Staff is testing people (contacts) being tr=aced at Fox Ridge Motel and others with positive reports of 7-B. 2. Public health nurses do provide nursing care and have for several AIDS patients who have been, or are terminally ill (three AIDS deaths in patient caseload so far). 3. Rita Broom, Public Health Nurse has been promoted to Supervising Nurse. Mrs. Krueger thanked Mrs. Rice for her assistance in expediting this important appointment. 4. An Agency nurse is presently on leave of absence and Mrs. Krueger has requested permission to hire a temporary person. Part -time nurses will be moving into the full time slots vacated by the promotion of Mrs. Brown. 5. There were nearly 900 referrals for services last year (60 -,70 per month). The patients now followed are sicker as they are discharged from the hospital sooner. Ten patients needed services over the past weekend and the trend continues. 6. The 1986 cost report is near completion and the meeting with the accountant is set up for April 2nd. (Siione and Si-�ione is the agency again preparing the report.: 7. Statistica' r =-crt for 1986 is also near When available, Mrs. :.rueger will share the iafor-ation with the Board. he problem of shortage of home health aides ir. tie co�::�;i has ..:used difficulty in implementing the New York State He -alth Department grant of last summer. Recruitment is d__fic:'_lt and turnover is high (approximately 80% nationally). Rerso ^s seem to be due to burnout and low pay scales. Cathy (Home pare Council) and Elaine will be visiting church gr �_cs in an attempt to recruit persons who can be trained as hc:e health 4 - aides. Senator Lombardi's office has contacted the agency regarding home health aide shortage and to advise of a State task force on this issue. 9. An agency brochure is to be re -done and will provide updated information and hopefully an attractive format. Mr. Jones questioned the test well that was dug with the town becoming involved (referred to at the 2/87 meeting). Sara McGlinchy questioned the responsibility for filling in perc test holes... Discussion followed on both of these items. The meeting adjourned at 9:50 p.m.. The next meeting will be held on April 20, 1987. /ks a PETER C. ALEXANDERSON County Executive WILLIAM D. SPAIN, Jr. County Attorney DEPARTMENT OF LAVA/ July 30, 1987 THOMAS F. PURCELL"`- Deputy County Attorney }JOAN EC6NWALDER " Deputy County Attorney EDWARD T. McCORMACK Deputy County Attorney ARTHUR JAMES LYONS -Deputy County Attorney Memo To: John Karell Director of Environmental Health Services From: William D. Spain, Jr.i County Attorney Re: Gloria Jean DeSiervi Article 78 Proceeding Kindly advise if there are any minutes of the March 30, 1987 meeting at which time the application of Gloria Jean DeSiervi was denied. WDS:ml PETER C. ALEXANDERSON County Executive WILLIAM D. SPAIN, Jr. County Attorney DEPARTMENT OF LAW THOMAS F. PURCELL Deputy County Attorney JOAN ECKENWALDER Deputy County Attorney EDWARD T. McCORMACK Deputy County Attorney July 30, 1987 ARTHUR JAMES LYONS Deputy County Attorney Memo To: John Karell Director of Environmental Health Services From: William D. Spain, Jr.� County Attorney Re: Gloria Jean DeSiervi Article 78 Proceeding Kindly advise if there are any minutes of the March 30, 1987 meeting at which time the application of Gloria Jean DeSiervi was denied. WDS :ml TWO COUNTY CENTER - CARMEL, N.Y. 10512 (914) 225 -3641 Ext. 260 PETER C. ALEXANDERSON County Executive DEPARTMENT OF HEALTH Division Of Environmental Health Services 110 Old Route Six Center, Carmel, New York 10512 (914) 225 -0310 M E M O R A N D U M DATE: July 29, 1987 TO: William D. Spain, Jr., County Attorney FROM: Michael Budzinski for John Ka el , Jr., P.E., Director RE: Gloria Jean DeSiervi Article 78 Proceeding JOHN SIMMONS, M.D. Deputy Commissioner JOHN KARELL, Jr„ P.E. Director Attached please find a copy of the above referenced file as requested along with a copy of this Department's guidelines for individual sewage disposal systems. Kindly advise me if there are any questions. LAW OFFICES LEVINE & MONTANA .._ ... . 10x9 9.'4 Amt 2. 666 X 'W 10566 914- 737 -3616 SEYMOUR R. LEVINE DAVID E. LEVINE LEWIS MONTANA. P. C. ASSOCIATE July 29, 1987 William Spain, Jr., Esq. County Attorney County of Putnam 2 County Center Carmel, New York 10512 ,r„ P,.�x -ki. 4.. -, syw. Putnam County Department ofHealth Division of�-Envi.r-onmen tal Health Services 110 Old Route Six Center Carmel, New York 10512 Re: Gloria Jean DeSiervi vo Department of Health, Division of Environmental Health Services of the County of Putnam Index No. 879/87 Gentlemen too Please be advised that the referenced case has been assigned Hon. Fred A. Dickinson Supreme Court Chambers 34 Gleneida Avenue Carmel, New York 10512 (914) 225 -3641 x348 Very truly yours, LEVINE ,,& MO AN BY e �' Lewis Montana LM: fj cc: Mrs. Go J. DeSiervi Supreme � f B 399 — Request for JudkW Intervention, 22 NYCRR 202.6,10-96. Court, Putnam County Index No. 879/87 Full title of aciion� Date Purchased Ju 1-y In the Matter of the Application 0 GLORIA JEAN DeSIERVI, Petitioner, For a Judgment under Article 78 of the Civil Practice Law and Rules V*ft9^ 1=10MR0 against DEPARTMENT OF HEALTH, DIVISION OF ENVIRONMENTAL HEALTH SERVICES OF THE COUNTY OF PUTNAM, Bowa ff- REQUEST FOR JUDICIAL INTERVENTION M� JULIUS BLUMBERG. INC.. PUBLISHER 62 WHITE STREET. NEW YORK, N. Y. 10013 For Cleric ....................................... ............................... IAS entry date ....................................... ............................... Name of assigned judge ....................................... ............................... Date of assignment ❑' issue joined (date .............................. ..............................) (check if applicable) ❑ Bill of''particulars served (check if applicable) In the City of..New York only: ❑ The City'of`New York is a party to this action. ❑ The Transit Authority (or MABSTOA) is a party to this'action. NATURE OF JUDICIAL INTERVENTION (check) ❑ Request for preliminary conference 0 Other ex parte application ❑ Note of issue and /or certificate of readiness ® Notice of petition (return date ... August ... 25.. ..... 1.98..7. ...... ) ❑ Notice of motion (return date .... : .......... ................... .............................. ) Relief sought F.or. .... an....Or der. ... reversing .,.................... _.._. _._ R:,: iefsought ..:.....:...::...................:...-...:...........:............... ......:..............,.......;. ....._.:.." annulling ... and....setting.....asi.de.... the .... denial 4. f.... a.... va.,.. n....... by.....# �pa. Dden.. ............................... ................................................................................. ............................... ❑ Notice of medical malpractice action ❑ Order to show cause ❑ Notice of dental malpractice action (Clerk will enter return date ...................................... ..............................) ❑ Statement of net worth Reliefsought ....................................................................... ............................... ❑ Writ of habeas corpus ................................................................................................... ............................... ❑ Other ( specify):................................................................... ............................... NATURE OF ACTION OR PROCEEDING (check) Tort Special Proceedings ❑ Motor vehicle ❑ Tax certiorari • Medical malpractice ❑ Condemnation • Dental malpractice ❑ Foreclosure • Seaman ❑ Incompetency or conservatorship • Airline Other special proceeding, including but not limited to: • Other tort, including but not limited to personal injury, ❑ Article 75 (arbitration) property damage, slander or libel (specify): ...................................... ❑ Article 77 (express trusts) Article 78 ................................................................................................... ......................... ...... ❑ Other ( specify): ..................................................... ........................ :.............. OTHER ACTION • Matrimonial (contested) ❑ Contract • Matrimonial (uncontested) ❑ Other (specify): ............... .................................................................................. Instructions: Attach rider sheets if necessary to provide required information. If any party is appearing pro se (without an attorney), the required information concerning such party is to be entered in the space provided for attorneys. Attorneys) for Xpetitioner(x) Name LEVINE & MONTANA Attorney(s) for defendant(s)/ respondent(s) Name. UNKNOWN Name of insurance carriers (if applicable and available) RELATED CASES (if none, write "NONE" below) Title Index # NONE Address Phone 1019 Park Street (914) 737 -3515 P. 0. Box 668 Peekskill, New York 10566 Address Court Nature of relationship Phone I affirm under penalty of perjury that, to my knowledge, other than as noted above, t re are and have been no related actions or proceedings, nor has a request for judical interventiony been filed in is action or proceeding. Dated: .......... JT ly... 21 19 8 7 ............. ,. .. _.. ..._ ....:...LEVI.NE. & . M.O.NTANA Attorney(s) for Petitioner Office & P.O. Address 1019 Park Street P. 0. Box 668 Peekskill, New York 10566 �. .............. ... _...............:.....� ...----..... ............................... Signatu —type name below. Q SEYM UR R.. LEVINE �� .. t. f SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF PUTNAM - - - - - - - - - - - - - - - - - -X In the Matter of the Application of GLORIA JEAN DeSIERVI, Petitioner, For a Judgment under Article 78 of the Civil Practice Law and Rules - against - DEPARTMENT OF HEALTH, DIVISION OF ENVIRONMENTAL HEALTH SERVICES OF THE COUNTY OF PUTNAM, Respondent. - - - - - - - - - - - - - - - - - -X S I R S: Index No. 879/87 NOTICE OF PETITION PLEASE TAKE NOTICE, that upon the annexed Petition of GLORIA JEAN DeSIERVI, verified on the day of July, 1987, an application will be made to a Special Term, Part IAS, of this Court, to be held at the Courthouse thereof, located at One County Center, Gleneida Avenue, Carmel, New York, on the 25th day of August, 1987, at 9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard, for a judgment pursuant to CPLR Article 78 for an Order reversing, annulling and setting aside the denial of a variance by Respondent herein, for the construction by the Petitioner of a well and sewage disposal system, and for such other and further relief as may be just, proper and equitable. -1- PLEASE TAKE FURTHER _NOTICE that,__, pursuant. to Section, 7084(c) CPLR, you are required to serve a verified answer at least five (5) days prior to the return day, annexing thereto the certified transcript of the record of the proceedings subject to this review, and any and all affidavits to be used herein. Petitioner designates Putnam County as place of trial. The basis of venue is the location of the property. Dated: July o?� 1987 Yours, etc. LEVINE & MONTANA Attorneys for Petitioner Office and Po Oo Address 1019 Park Street P. O, Box 668 Peekskill, New York 10566 Tel: (914) 737 -3515 TO: DEPARTMENT OF HEALTH, DIVISION OF ENVIRONMENTAL HEALTH SERVICES OF THE COUNTY'' OP- PUTNAM _ ..... -2- SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF PUTNAM - - - - - - - - - - - - - - - - - - - -X In the Matter of the Application of GLORIA JEAN DeSIERVI, Petitioner, For a Judgment Under Article 78 of the Civil Practice Law and Rules - against - DEPARTMENT OF HEALTH,'DIVISION OF ENVIRONMENTAL HEALTH SERVICES OF THE COUNTY OF PUTNAM, Respondent. - - - - - - - - - - - - - - - - - -X Index No. 879/87 PETITION I, GLORIA JEAN DeSIERVI, Petitioner herein, residing at 6 Hope Lane, in -the Town of Somers, County of Westchester and State of New York, respectfully allege: 1. I am the owner in fee of certain real property situate on Gates Road in the Town of Patterson, . County of Putnam, state of New York, designated as (TM) 44 -1 -7 on the Tax Map of the . Town of Patterson, which premises are more particularly described on Exhibit A annexed hereto (hereinafter "Premises "). 2. The Respondent in this proceeding is the DEPARTMENT OF HEALTH, DIVISION OF ENVIRONMENTAL HEALTH SERVICES OF THE COUNTY OF PUTNAM, which maintains its principal office at 110 Old Route Six Center, Carmel, New York 10512. -1- -- _- 3.. -.That .er- -cr. abc:a Apr- .l.- 1.2 1 -985, the asp. dent herein issued a construction permit for a sewage disposal system for the Premises, which permit by its terms expires one year from the date issued unless construction has been undertaken and is revocable for cause or may. be amended or modified when considered necessary by the Commissioner of Health of the County of Putnam. 4. On or about April 12, 1985, Building Permit #A 636 to erect a one - family dwelling on the Premises was issued by the Town of Patterson. 5. That upon information and belief, a well was constructed on other premises immediately South of the intersection of Preston and Gates Road, which property abuts and adjoins mine. .6e That heretofore, through my agent, Park West Properties, Inca (hereinafter "Agent ") , an application for the construction of a well upon the Premises was submitted to the Respondent, 7, That said application was denied by the Respondent on or about January 30, 1987, citing the reason therefor, to wits as more particularly set forth in Exhibit'B annexed hereto. -2- 8. That heretofore, through my Agent, an application_ for a variance for the construction of a well and sewage disposal system to serve the Premises was submitted to the Respondent. 9. That on or about March 30, 1987, the Respondent denied the said application for reasons cited in Exhibit C annexed hereto. 10. Such act of Respondent was arbitrary, capricious and an abuse of discretion in that I submitted substantial evidence for the proper construction of a well and sewage disposal system on the Premises. 11. My Agent has heretofore submitted such evidence, including revised plans and specifications for the construction of a well and sewage disposal system which are substantially in compli:ance-- with ' all'' applicable environmental' "laws and regulations, with the exception that instead of the distance of 100 feet as required by applicable regulation, between the proposed well and the well existing on the adjoining property as heretofore described, there would be a distance of 63 feet. 12. As a result of the arbitrary, capricious denial by the Respondent, as aforesaid, the Premises may not be improved for any purpose whatsoever and must remain forever fallow. -3- I� �r,., 13e .. -As :u.:rEault of ciie fotegz�ing,ov;�iduct of �Re�poiidento7.I Ihave suffered irreparable damages and have no other adequate remedy at law. 14. No previous application for the same or similar relief has been made. WHEREFORE, I respectfully pray that an Order be granted herein reversing, annulling and setting aside the determination sought to be reviewed, and for such other and further relief as to the Court may seem just and proper. Dated: July 2, 1987 Peekskill, New York -4- a LEVINE & MONTANA Attorneys for Petitioner Office and P. Oe Address 1019 Park Street Po Oe Box 668 Peekskill, New York 10566 Tel: (914) 737 -3515 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Putnam Lake in the Town of Patterson, Putnam County, New York and described as follows, to wit: Lots Nos. B 3430, B 3431, B 3432, B 3433, B 3434 and i B 3435 as designated and delineated on the map entitled, "Map 'B' of Putnam Lake, Putnam County, New York and Fairfield County, Connecticut," and filed in the Putnam County Clerk's Office on the 19th day of August, 1931, as File No. 149 K. Said premises are designated on the tax map of the Town of Patterson as Section 44, Block 1, Lot 7. EXHIBIT A PETER C. ALEXANDERSON County Executive Thomas M. Daly Box 243 Shenorock, New York 10587 Dear Mr. Daly: DEPARTMENT OF HEALTH Division Of Environmental Health Services January 30, 1987 RE: Park West Properties Preston Place and Cates Drive (T) Putnam Lake TM #44 -1 -7 B JOHN SIMMONS. M.D. Deputy Con nieewner Review of plans and other application materials submitted relative to a construction permit for the above.captioned property has been completed by this Department. Rased upon such review and pursuant to the provisions of Article III of the Putnam County Sanitary Code and Part 75 of the State of New York, Code of County Rules and Regulations, you are hereby advised that this proposed method of providing water supply and sewage disposal are considered inadequate for the following reasons: to Although this lot was issued a construction permit in 1985 (P- 14- 85),.a field inspection for renewal revealed that a new well was drilled on the lot immediately south of the intersection of Preston and Gates. The location of this well is noted on the plans dated, December 1, 119860 The plans indicate that a separation of only 63 feet can be maintained between the proposed well and the proposed SSDS area. Our code requires that minimum separation distances must be 100 feet (200 feet minimum) direct line of drainage. 2e The minimum application rate acceptable is one gallon per square foot per date. Therefore, 400 square feet of absorption area, plus 50% expansion must be provided, totally 600 square feet. Only 544 square feet is provided. 3. Plans for the two bedrooms structure have not been submitted. As such approval of the proposal (2) copies of the plans. If you 225 -0310, ext. 3040 JK :mk cc: (t) Putnam Valley Building Dept. JK File cannot be granted, returned herewith are two have any questions, you can contact tae at V y s, i t Karel , Jr., P.E. ctor, Environmental Health Services 110 OLD ROUTE SIX CENTER - CARMEL, N.Y. 10512 (914) 225 -3641 PETER C. ALEXANDERSON County Executive DEPARTMENT OF HEALTH Division Of Environmental Health Services April 1, 1987 Mr. Arthur DeSienni Park West Properties, Inc. 6 Hope Lane Somers, New York 10589 Dear Mr. DeSienni: JOHN SIMMONS. M.D. Deputy Commissioner Z/ RE: Variance Request Proposed SSDS /Well Parkwest Properties TM #44 -1 -7 (T) Patterson You are hereby advised that your request for a variance from provision of the required 100 foot separation distance between your proposed well and the proposed sewage disposal system to serve the above captioned property has been considered by the Board.of He.alth.on March 30, 1987, and .._ _.........de.rted. - - . . . ... _. . .._. _- ....... . . If you have any questions, please call Mr. Karell, Director, at Ext. 304. t V ry truly y rs, y ww r Jo Rand Jone �.� President RJ:pt Boa yd of Health cc:Raymond Jones, BOH JK File T. Daly (T) Patterson B,Inspector 110 OLD ROUTE SIX CENTER - CARMEL, N.Y. 10512 (914) 225 -3641 1 E1V ltd ', COUNTY OF ss: t1f3d am an attorney admitted to 'practice in the courts of New York State, and tify that the annexed beeti "compared by me with the original and found to be a true and complete copy thereof. `gay ihat: I am the attorney of record, or of counsel with the attorneys) of record, for l have read the annexed ' ;. ► t" ttdw 16 contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on iation and belief, and as to those matters I believe them to be true. M belief, as to those matters therein not stated upon Y P °:liioi ledge, is based upon the following: x , bh I' "make this. affirmation instead of is is foregoing statements are true under penalties of perjury. llat�tl .......... ............................... t (Print signer's name below signature) �: 6 ivEl4vV YORK, COUNTY OF WESTCHESTER ss: GLORIA JEAN DeSIERVI, being sworn says: I am the Petitioner action herein;. I have read the annexed Petition, ��i✓tclafAtictw this contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on VerHkat{ili;.: ,irlfi ffbition and belief, and as to those matters I believe them to be true. t '� �he of c3ration one of the parties to the action; I have read the annexed �inoW the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on ormation and belief, and as to those matters I believe them to be true. "i+rb�Lfl -as to.those matters t rein not stated upon knowledge, is based upon the following: a o 119 87 l.................................. ........................ ;., (Print sig 's name below sig ure) ............... :.................................. .........................•..... GLORIA JEA DeSIERVI otary is gt,A* I�a.Ox i w YORK, COUNTY OF ss: r , . SEYMOUR R. L s�ntP sh%n says: I am not a party to the action, am over 18 years of Tigre ai"i re de�at tv�. 02LR4F10859 Oh f 19 Commission eco u ce u of the annexed ' in he following manner: the same in a sealed envelope, with postage prepaid thereon, in a post -office or official depository of the U.S. Postal Service seiu within the State of New York, addressed to the last known address of the addressee(s) as indicated below: ey h+bli i 'hy.ifelivering the same personally to the persons and at the addresses indicated below: woi' 4o b fd >i ire on ,19 .............................................. ............................... (Print signer's name below signature) PETER C. ALEXANDERSON County Executive _. _....._.,..._- - � JOHN SIMMONS, I Deputy Commissioner DEPARTMENT OF HEALTH Division Of Environmental Health Services 110 Old Route Six Center, Carmel, New York 10512 (914) 225 -0310 M E M O R A N D U M DATE: July 29, 1987 TO: William D. Spain, Jr., County Attorney FROM: Michael Budzinski for John Karel , Jr., P.E., Director RE: Gloria Jean DeSiervi l Article 78 Proceeding JOHN KARELL, Jr., P.E. Director Attached please find a copy of the above referenced file as requested along with a copy of this Department's guidelines for individual sewage disposal systems. Kindly advise me if there are any questions. a SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF PUTNAM - - - - - - - - - - - - - - - - - - - -X In the Matter of the Application of GLORIA JEAN DeSIERVI, Petitioner, Index No. For a Judgment under Article*78 of the NOTICE OF PETITION Civil Practice Law and Rules against - DEPARTMENT OF HEALTH, DIVISION OF ENVIRONMENTAL HEALTH SERVICES OF THE COUNTY OF PUTNAM, Y Respondent. - - - - - - - - - - - - - - - - - - -X S I R S: PLEASE TAKE NOTICE, that upon the annexed Petition of GLORIA JEAN DeSIERVI, verified on the JI61'day of July, 1987, an Application will be made to : a Special Term, Part, IAS, of—this. Court, to be held at the Courthouse thereof, located at One County Center, Gleneida Avenue, Carmel, New York, on the 25th day of August, 1987, at 9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard, for a judgment pursuant to CPLR Article 78 for an Order reversing, annulling and setting aside the denial of a variance by Respondent herein, for the construction by the Petitioner of a well and sewage disposal system, and for such other and further relief as may be just, proper and equitable. -1- - PLEASE TAYM- -.FURTHER_, - •NOTICE, .that, pursuant to Section--- .. 7084(c) CPLR, you are required to serve a verified answer at least five (5) days prior to the return day, annexing thereto the certified 'transcript of the record of the proceedings subject to this review, and any and all affidavits to be used herein. Petitioner designates Putnam County as place of trial. The basis of venue is the location of the property. Dated. July 2/, 1987 Yours, etc. LEVINE & MONTANA Attorneys for Petitioner Office and P. 0, Address 1019 Park Street P. Oe Box 668 Peekskill, New York 10566 Tel: (914) 737 -3515 TO: DEPARTMENT OF HEALTH, DIVISION OF ENVIRONMENTAL HEALTH SERVICES OF THE COUNTY OF PUTNAM -2- t:`-.7' I SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF PUTNAM - - - - - - - - - - - - - - - - - - - -X In the Matter of the Application of GLORIA JEAN DeSIERVI, Petitioner, Index No. For a Judgment Under Article 78 of the PETITION Civil Practice Law and Rules - against - DEPARTMENT OF HEALTH, DIVISION OF ENVIRONMENTAL HEALTH SERVICES OF THE COUNTY OF PUTNAM, Respondent. - - - - - - - - - - - - - - - - - - - -X I, GLORIA JEAN DeSIERVI, Petitioner herein, residing at 6 Hope Lane, in the Town of Somers, County of Westchester and State of New York, respectfully allege: 1. I am the owner in fee of certain real property situate on Gates Road in the Town of Patterson, County of Putnam, state of New York, designated as (TM) 44 -1 -7 on the Tax Map of the Town of Patterson, which premises are more particularly described on Exhibit A annexed hereto (hereinafter "Premises "). 2. The Respondent in this proceeding is the DEPARTMENT OF HEALTH, DIVISION OF ENVIRONMENTAL HEALTH SERVICES OF THE COUNTY OF PUTNAM, which maintains its principal office at 110 Old Route Six Center, Carmel, New York 10512. -1- ..3 . - _..Th_�4 - -gin -.or about - Apri 1 -1 -2 ,..- ? 9 8 * ,•..the R sponde t • herein - issued a construction permit for a sewage disposal system for the Premises, which permit by its terms expires one year from the date issued unless construction has been undertaken and is revocable for cause or may be amended or modified when considered necessary by the Commissioner of Health of the County of Putnam. 4. On or about April 12, 1985, Building Permit #A 636 to erect a one - family dwelling on the Premises was issued by the Town of Patterson. 5. That upon information and belief, a well was constructed on other premises immediately South of the intersection of Preston and Gates Road, which property abuts and adjoins mine. 6. That heretofore, through my agent, Park West Properties, Inc. (hereinafter "Agent ") , an application for the construction of a well upon the Premises was submitted to the Respondent. 7. That said application was denied by the Respondent on or about January 30, 1987, citing the reason therefor, to wit: as more particularly set forth in Exhibit B annexed hereto. -2- 8. That heretofore, . through my- Agent.,. an application for a variance for the construction of a well and sewage disposal system to serve the Premises was submitted to the Respondent. 9. That on or about March 30, 1987, the Respondent denied the said application for reasons cited in Exhibit C annexed hereto. 10. Such act of Respondent was arbitrary, capricious and an abuse of discretion in that I submitted substantial evidence for the proper construction of a well and sewage disposal system on the Premises. 11. My Agent has heretofore submitted such evidence, including revised plans and specifications for the construction of a well and sewage disposal system which are substantially in compliance with ali applicable environmental laws and regulations, with the exception that instead of the distance of 100 feet as required by applicable regulation, between the proposed well and the well existing on the adjoining property as heretofore described, there would be a distance of 63 feet. 12. As a result of the arbitrary, capricious denial by the Respondent, as aforesaid, the Premises may not be improved for any purpose whatsoever and must.remain forever fallow. -3- 13 13..- As.-a. result of. the. forog_^4" .. ca.. -%- of - Respondent, .I have suffered irreparable damages and have no other adequate remedy at law. 14. No previous application for the same or similar relief has been made. WHEREFORE, I respectfully pray that an Order be granted herein reversing, annulling and setting aside the determination sought to be reviewed, and for such other and further relief as to the Court may seem just and proper. Dated: July , 1987 Peekskill, New York o a IG JEAN eSIERVI -4- LEVINE & MONTANA Attorneys for Petitioner Office and P. 0. Address 1019 Park Street P. 0. Box 668 Peekskill, New York 10566 Tel: (914) 737 -3515 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Putnam.Lake in the Town of Patterson, Putnam County, New York and described as follows, to wit: Lots Nos. B 3430, B 3431, B 3432, B 3433, B 3434 and B 3435 as designated and delineated on the map entitled, "Map 'B' of Putnam Lake, Putnam County, New York and Fairfield County, Connecticut," and filed in the Putnam County Clerk's Office on the 19th day of August, 1931, as File No. 149 K. Said premises are designated on the tax map of the Town of Patterson as Section 44, Block 1, Lot 7. EXHIBIT A PETER C. ALEXANDERSaN County Executive Thanas M. Daly Box 243 Shenorock, New York 10587 Dear Mr. Daly: DEPARTMENT OF HEALTH Division Of Environmental Health Services January.30, 1987 RE: Park West Properties Preston Place and Gates Drive (T) Putnam Lake R4 #44 -1 -7 JOHN SIMMONS. M.D. Deputy Commissioner Review of plans and other application materials submitted relative to a construction permit for the above captioned property has been completed by this Department. Based upon such review and pursuant to the provisions of Article III of the Putnam County Sanitary Code and Part 75 of the State of New York, Code of County Rules and Regulations, you are hereby advised that this proposed method of providing water supply and sewage disposal are considered inadequate for the following reasons: 1. Although this lot was issued a construction permit in 1985.(P- 14 -85), a field inspection for renewal revealed that a new well was drilled on the lot immediately south of the intersection of Preston and Gates. The location of this well is noted on the plans dated, December 1, 1986. The plans indicate that a separation of only 63 feet can be maintained between the proposed well and the proposed SSDS area. Our code requires that minimum separation distances must be 100 feet (200 feet minimum) direct line of drainage. 2. The minimum application rate acceptable is one gallon per square foot per date. Therefore, 400 square feet of absorption area, plus 50% expansion must be provided., totally 600 square feet. .Only 544 square feet is provided. 3. Plans for the two bedroom structure have not been submitted. As such approval of the proposal cannot be granted, returned herewith are two (2) copies of the plans. If you have any questions, you can contact me at 225 -0310, ext. 304. V r y s, hn Karel , Jr., P.E. irector, Environmental Health Services JK:mk cc: (t) Putnam Valley Building Dept. JK File 110 OLD ROUTE SIX CENTER - CARMEL, N.Y. 10512 (914) 225 -3641 PETER C. ALEXANDERSON County Executive DEPARTMENT OF HEALTH Division Of Environmental Health Services April 1, 1987 Mr. Arthur DeSienni Park West Properties, Inc. 6 Hope Lane Somers, New York 10589 JOHN SIMMONS. M.D. Deputy Commissioner l/ RE: Variance Request Proposed SSDS /Well Parkwest Properties TM #44 -1 -7 (T) Patterson Dear Mr. DeSienni: You are hereby advised that your request for a variance from provision of the required 100 foot separation distance between your proposed well and the proposed sewage disposal system to serve the above captioned property has been co_nsidered_b,y the Board of Health on March 30, 1987, and denied. _ If you have any questions, please call Mr. Karell, Director, at Ext. 304. t V ry truly y rs, R-ay R and Jone President RJ:pt Boa yd of Health cc:Raymond Jones, BOH JK File T. Daly (T) Patterson B ..Inspector 110 OLD ROUTE SIX CENTER - CARMEL, N.Y. 10512 (914) 225 -3641 '+PETER C. AIEXANDERSON County Executive DEPARTMENT OF HEALTH Division Of Environmental Health Services March 3, 1987 Mr. T. Michael Daly Box 243 Shenorock, New York 10587 Re: Variance Parkwest Properties Preston Place & Gates Drive TM 44 -1 -7 (T) Patterson Dear Mr. Daly: JOHN_Silr,&ONs; M.D: Deputy Commissioner Receipt of your letter dated February 23, 1987 requesting a variance fran the minimum well to sewage system separation distance is hereby acknowledged. Please be advised that this matter has been placed on'the agenda for the next Board of Health meeting scheduled for 7:30 P.M., March 23, 1987. The owner or his representative should be present to discuss the reasons and justification for the variance. Pr-6r 'to the meeting_ three additional . sets -of -plans should be submitted. The plans should show the location of adjacent houses, SSDS's and wells, to .scale. If land is vacant it should be so noted. If you have any questions, please contact me at Extension 241. V truly your , i i lo Karell, Jr:, P.E.. Director Environmental Health Services JK/jP cc: Mr. Raymond Jones Arthur DeSleani, Parkwest Properties 110 OLD ROUTE SIX CENTER - CARMEL, N.Y. 10512 (914) 225 -3641 p cU I` W' o or- P,,PL brMoy, LocA-TjoM Pswc: oLA70t 7s-,-r GALIEY,5 TO 50 W5TAWeD 0 60 CAT to t4 OC V)