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4.17 4.17 WASTEWATER-SEWER\\Final Order Approving Extension to Qby Consolidated District to Serve 894 State Rt 9 Property – Faden – 5-6-19 RESOLUTION AND FINAL ORDER APPROVING EXTENSION TO QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT TO SERVE 894 STATE ROUTE 9 PROPERTY RESOLUTION NO.: _________________________________________________, 2019 INTRODUCED BY: _________________________________________________ WHO MOVED ITS ADOPTION SECONDED BY: _________________________________________________ WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Sanitary Sewer District to serve property owned by Faden Enterprises and located at 894 NYS Route 9 in the Town of Queensbury known as Tax Map Parcel No.: 296.17-1-49 (Property) in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report has been prepared by Lansing Engineering concerning the proposed Sanitary Sewer District Extension to connect the proposed Property to the existing Queensbury Consolidated Sanitary Sewer District as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Sewer District Extension, a general plan of the proposed system, a report of the proposed method of operation, all outlets and the terminus and course of each proposed main sewer or drain together with the location and a general description of all sewage disposal plants, pumping stations and other public works, if any, and is consistent with, so far as possible, any comprehensive plan for sewers developed and maintained pursuant to General Municipal Law §99-f, and WHEREAS, the Queensbury Planning Board conducted uncoordinated review for the proposed demolition of and existing building and construction of a single story multi-tenant commercial building on the Property (the “Project”) under the State Environmental Quality Review Act (SEQRA), issued a SEQRA Negative Declaration and granted site plan approval for the Project, and WHEREAS, extension of the District to serve the Property was determined to be a SEQRA Unlisted Action and a SEQRA Short Environmental Assessment Form (EAF) was prepared for the proposed District Extension, and WHEREAS, the Town Board considered the establishment of the Sewer District Extension in accordance with the provisions of the State Environmental Quality Review Act and by Resolution No.: 301,2018, adopted a Negative Declaration concerning environmental impacts, and WHEREAS, on August 6, 2018, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (Public Hearing Order) Resolution No.: 296,2018 reciting (a) the boundaries of the proposed Sewer District Extension; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District Extension to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk’s Office; and (g) the time and place of a public hearing on the proposed Sewer District Extension, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District Extension to the developed parcel were computed was filed with the Town Clerk for public inspection as part of the Map, Plan and Report, and 2 WHEREAS, the estimated annual cost of the District Extension to the developed parcel has been filed with the Town Clerk and is made a part of the Map, Plan and Report, and WHEREAS, a public hearing on the proposed Sewer District was duly held on Monday, th August 20, 2018 and the Town Board considered the evidence given together with other information, and th WHEREAS, on August 20, 2018 the Town Board adopted Resolution No.: 302,2018 determining that (a) the Order scheduling the Public Hearing was published and posted as required by law and was otherwise sufficient, (b) all of the property and property owners within the proposed District Extension would be benefited thereby, (c) all of the property and property owners benefited are included within the boundaries of the proposed District Extension, and (d) it is in the public interest to establish, authorize, and approve the District Extension as described in the Map, Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited properties of the Sewer District Extension to be as described in the Map, Plan and Report, subject to permissive referendum in the manner provided in Town Law Article 7 and subject to certain conditions specified in the Resolution, and WHEREAS, the Town Clerk duly posted and published the notice required for resolutions subject to permissive referendum and no petition for referendum was filed within 30 days after the date of the Resolution, and the Town Clerk has caused a certificate to that effect to be filed in the office of the County Clerk, and WHEREAS, the permission of the State Comptroller is not required in accordance with Town Law §209-f, and WHEREAS, the Town Board wishes to establish the proposed District Extension as detailed in the Map, Plan and Report in accordance with Town Law Article 12-A, NOW, THEREFORE, IT IS HEREBY 3 ORDERED, that the Queensbury Consolidated Sanitary Sewer District Extension be established as described in this Order and in the Map, Plan and Report prepared by Lansing Engineering having extension boundaries as detailed in the metes and bounds description from the Town’s Public Hearing Order Resolution No.: 296,2018 dated August 6, 2018 and attached hereto as Schedule A and the improvements described in the Map, Plan and Report be constructed and the service within the District be provided upon the required funds being made available or provided for, and it is FURTHER ORDERED, that the Town Clerk is hereby authorized and directed to cause a certified copy of this Order to be duly recorded in the office of the Clerk of Warren County and to be filed in the office of the State Department of Audit and Control in the time and manner required by law, and it is FURTHER ORDERED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk, Wastewater Director and/or Town Counsel to take all other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of May, 2019, by the following vote: AYES : NOES : ABSENT: 4 SCHEDULE A – Metes and Bounds Description All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows: BEGINNING at a point in the easterly bounds of NYS Route 9, Upper Glen Street, said point marking the southwesterly corner of the lands as conveyed to Everest Enterprises LLC by deed book 2953 at page 292; thence running in an easterly direction along the southerly bounds of Everest Enterprises LLC, North 81 degrees, 22 minutes and 18 seconds East, a distance of 223.13 feet to a capped iron rod found in the ground for a corner, said point marking the northwesterly corner of the lands of the Town of Queensbury by deed book 4722 at page 303; thence running in a southerly direction along the westerly bounds of the lands of the Town of Queensbury, South 08 degrees, 37 minutes and 42 seconds East, a distance of 249.99 feet to a capped iron rod found in the ground for a corner on the northerly bounds of Montray Road, said point marking the southwesterly corner of the lands as conveyed to the Town of Queensbury, by deed book 4722 at page 303; thence running in a westerly direction along the northerly bounds of Montray Road, South 81 degrees, 54 minutes and 04 seconds West, a distance of 208.68 feet to a concrete monument found in the ground for a corner, said point marking the intersection of the northerly bounds of Montray Road with the easterly bounds of NYS Route 9; thence running along the easterly bounds of NYS Route 9, the following two courses and distances: (1) North 53 degrees, 22 minutes and 20 seconds West, a distance of 36.67 feet to a concrete monument found in the ground for a corner; (2) North 05 degrees, 41 minutes and 59 seconds West, a distance of 222.31 feet to the place and point of beginning, containing 1.3 acres of land to the same more or less. Bearings given in the above description refer to grid North. SUBJECT to easements of record. 5 RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE REGARDING PROPOSED EXTENSION TO QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT TO SERVE 894 STATE ROUTE 9 PROPERTY RESOLUTION NO.: 301,2018 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Sanitary Sewer District to serve property owned by Faden Enterprises and located at 894 NYS Route 9 in the Town of Queensbury known as Tax Map Parcel No.: 296.17-1-49 (Property) in accordance with New York Town Law Article 12-A, and WHEREAS, the Queensbury Planning Board conducted uncoordinated review for the proposed demolition of and existing building and construction of a single story multi-tenant commercial building on the Property under the State Environmental Quality Review Act (SEQRA), issued a SEQRA Negative Declaration and granted site plan approval for the Project, and WHEREAS, extension of the Sanitary Sewer District to serve the Property has been determined to be a SEQRA Unlisted Action and a SEQRA Short Environmental Assessment Form (EAF) has been prepared for the proposed District Extension, and WHEREAS, the Town's Wastewater Director has not identified any environmental impacts, NOW, THEREFORE,BE IT RESOLVED, that the Town Board, after considering the proposed action, reviewing the SEQRA Short Environmental Assessment Form (EAF) and thoroughly analyzing the action for potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to complete the EAF by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 20th day of August,2018,by the following vote: AYES : Mrs. Switzer,Mr. Strough,Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES : None ABSENT: None ORDER APPROVING PROPOSED EXTENSION TO QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT TO SERVE 894 STATE ROUTE 9 PROPERTY RESOLUTION NO.: 302,2018 INTRODUCED BY: Mrs.Jennifer Switzer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Sanitary Sewer District to serve property owned by Faden Enterprises and located at 894 NYS Route 9 in the Town of Queensbury known as Tax Map Parcel No.: 296.17-1-49 (Property) in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report has been prepared by Lansing Engineering concerning the proposed Sanitary Sewer District Extension to connect the proposed Property to the existing Queensbury Consolidated Sanitary Sewer District as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Sewer District Extension, a general plan of the proposed system, a report of the proposed method of operation, all outlets and the terminus and course of each proposed main sewer or drain together with the location and a general description of all sewage disposal plants, pumping stations and other public works, if any, and is consistent with, so far as possible, any comprehensive plan for sewers developed and maintained pursuant to General Municipal Law §99-f, and WHEREAS, the Queensbury Planning Board conducted uncoordinated review for the proposed demolition of and existing building and construction of a single story multi-tenant commercial building on the Property (the "Project") under the State Environmental Quality Review Act (SEQRA), issued a SEQRA Negative Declaration and granted site plan approval for the Project, and WHEREAS, extension of the District to serve the Property has been determined to be a SEQRA Unlisted Action and a SEQRA Short Environmental Assessment Form (EAF) has been prepared for the proposed District Extension, and WHEREAS, the Town Board has considered the establishment of the Sewer District Extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, and WHEREAS, on August 6, 2018, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (Public Hearing Order) reciting (a) the boundaries of the proposed Sewer District Extension; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d) the estimated cost of hook- up fees (if any) and the cost of the Sewer District Extension to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk's Office; and (g) the time and place of a public hearing on the proposed Sewer District Extension, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and WHEREAS,prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District Extension to the developed parcel were computed was filed with the Town Clerk for public inspection as part of the Map, Plan and Report, and 2 WHEREAS, the estimated annual cost of the District Extension to the developed parcel has been filed with the Town Clerk and is made a part of the Map,Plan and Report, and WHEREAS, a public hearing on the proposed Sewer District was duly held on Monday, August 20th, 2018 and the Town Board has considered the evidence given together with other information, and WHEREAS,the Town Board wishes to establish the proposed Extension to the Queensbury Consolidated Sanitary Sewer District Extension as detailed in the Map, Plan and Report in accordance with Town Law Article 12-A, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby determines that: 1. Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. All property and property owners within the Extension to the Queensbury Consolidated Sanitary Sewer District are benefited thereby; 3. All property and property owners benefited are included within the limits of the Extension to the Queensbury Consolidated Sanitary Sewer District; 4. It is in the public interest to establish, authorize, and approve the Extension to the Queensbury Consolidated Sanitary Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited properties of the Sewer District Extension to be as described in the Map, Plan and Report; and BE IT FURTHER, 3 RESOLVED, that the Town Board hereby approves, authorizes and establishes the Extension to the Queensbury Consolidated Sanitary Sewer District in accordance with the boundaries and descriptions set forth above and in the previously described Map, Plan and Report, and construction of the improvements may proceed and service provided subject to the following: 1. The obtaining of any necessary permits or approvals from the New York State Department of Health; 2. The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 3. The obtaining of any necessary permits or approvals from the New York State Department of Transportation and any other required permits; 4. The Town being satisfied that construction of all improvements has occurred in accordance with the Plan; 5. Permissive referendum in the manner provided in New York State Town Law Article 7; and 6. The adoption of a Final Order by the Queensbury Town Board; and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum in accordance with the provisions of New York State Town Law Articles 7 and 12-A and shall not take effect until such time as provided therein, and the Town Board hereby authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a supply to any person requesting such petition and if no such petition is filed within 30 days to file a certificate to that effect in the Office of the County Clerk and with the State Department of Audit and Control. 4 Duly adopted this 20th day of August, 2018, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES : None ABSENT: None 5 ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSION TO QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT TO SERVE 894 STATE ROUTE 9 PROPERTY RESOLUTION NO.: 296,2018 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Sanitary Sewer District to serve property owned by Faden Enterprises and located at 894 NYS Route 9 in the Town of Queensbury known as Tax Map Parcel No.: 296.17-1-49 (Property) in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by Lansing Engineering concerning the proposed Sanitary Sewer District Extension to connect the proposed Property to the existing Queensbury Consolidated Sanitary Sewer District as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Sewer District Extension, a general plan of the proposed system, a report of the proposed method of operation, all outlets and the terminus and course of each proposed main sewer or drain together with the location and a general description of all sewage disposal plants, pumping stations and other public works, if any, and is consistent with, so far as possible, any comprehensive plan for sewers developed and maintained pursuant to General Municipal Law §99-f, and WHEREAS, the Queensbury Planning Board conducted uncoordinated review for the proposed demolition of and existing building and construction of a single story multi-tenant commercial building on the Property (the "Project") under the State Environmental Quality Review Act (SEQRA), issued a SEQRA Negative Declaration and granted site plan approval for the Project, and WHEREAS, extension of the District to serve the Property has been determined to be a SEQRA Unlisted Action and a SEQRA Short Environmental Assessment Form (EAF) has been prepared for the proposed District Extension, NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The boundaries of the proposed Sewer District Extension are as set forth in the Map, Plan and Report and as follows: All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows: BEGINNING at a point in the easterly bounds of NYS Route 9, Upper Glen Street, said point marking the southwesterly corner of the lands as conveyed to Everest Enterprises LLC by deed book 2953 at page 292; thence running in an easterly direction along the southerly bounds of Everest Enterprises LLC, North 81 degrees, 22 minutes and 18 seconds East, a distance of 223.13 feet to a capped iron rod found in the ground for a corner, said point marking the northwesterly corner of the lands of the Town of Queensbury by deed book 4722 at page 303; thence running in a southerly direction along the westerly bounds of the lands of the Town of Queensbury, South 08 degrees, 37 minutes and 42 seconds East, a distance of 249.99 feet to a capped iron rod found in the ground for a corner on the northerly bounds of Montray Road, said point marking the southwesterly corner of the lands as conveyed to the Town of Queensbury, by deed book 4722 at page 303; thence running in a westerly direction along the northerly bounds of Montray Road, South 81 degrees, 54 minutes and 04 seconds West, a distance of 208.68 feet to a concrete monument found in the ground for a corner, said point marking the intersection of the northerly bounds of Montray Road with the easterly bounds of NYS Route 9; thence running along the easterly bounds of NYS Route 9, the following two courses and distances: (1) North 53 degrees, 22 minutes and 20 seconds West, a distance of 36.67 feet to a 2 concrete monument found in the ground for a corner; (2) North 05 degrees, 41 minutes and 59 seconds West, a distance of 222.31 feet to the place and point of beginning, containing 1.3 acres of land to the same more or less. Bearings given in the above description refer to grid North. SUBJECT to easements of record. 2. The proposed improvements consist of a 6" SDR gravity sanitary sewer lateral to be used to connect a proposed 11,400 sf commercial building into the existing 8" gravity sanitary sewer main located along the west side of New York State Route 9. 3. The facilities for this Sanitary Sewer District Extension have already been constructed and are in place; therefore, there are no capital costs associated with this District Extension. The service lateral to serve the parcel will be paid for by the Developer. 4. The estimated annual cost of the District Extension to the developed parcel would be calculated as follows: The parcel would be designated Class F, occupied commercial. Based upon a total lot size of 1.3 acres and an average water use of 2,640 gallons per day (gpd), the annual benefit tax based on current fee rates would be $192.20 per unit. For commercial classification, the current sewer user fee is $7.00 per 1,000 gallons so for this property based on an actual use rate of 2,640 gpd, the cost would be approximately $6,745 per year. The total annual charge for sewer district is therefore $6,937.20. 5. The Developer of the Property will pay all costs of the improvements and has already paid the one-time buy-in cost and Town connection fee, so there will be no financing required by the Town on behalf of the District or otherwise. 6. A detailed explanation of how the estimated costs of the District Extension were computed is included in the Map, Plan and Report which has been filed with the Queensbury Town Clerk and is available for public inspection. 3 7. The proposed improvements shall be constructed and installed as specifically delineated in the Map, Plan and Report and in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervision. 8. The Town Board shall conduct uncoordinated SEQRA review of the proposed District Extension to serve the Property. 9. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, August 20`h, 2018 to consider the Map, Plan and Report and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 10. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §209-d, and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. Duly adopted this 6`h day of August, 2018, by the following vote: AYES: Mr. Strough, Mr. Metivier,Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None 4