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517.2002 NOTICE OF ADOPTION At a Regular Meeting of the Town Board of the Town of Queensbury held on December 16, 2002 at 7:00 P.M. at the Queensbury Center, Town of Queensbury, 742 Bay Road, Queensbury, New York, the following resolution was passed: ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED CREATION OF WEST QUEENSBURY SANITARY SEWER DISTRICT RESOLUTION NO. 517, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury wishes to create a new sewer district to be known as the West Queensbury Sanitary Sewer District, and WHEREAS, a District Formation Report (Map, Plan and Report) has been prepared by Barton & Loguidice, P.C., professional engineers, concerning the proposed sewer district formation and the construction of sewer facilities along Warren County Route 28 (Main Street and Corinth Road) to service the area between the City of Glens Falls and Big Bay Road, west of Interstate 87 (the Adirondack Northway), 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, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, coordinated SEQRA review will be conducted and the Town will send a copy of Part I of the EAF and the Report to all potentially involved agencies including the New York State Department of Environmental Conservation and New York State Department of Health together with all required documentation and a letter indicating that the Town Board will be undertaking consideration of the project identified in this Order, that coordinated SEQRA review with the Queensbury Town Board as lead agency is desired and that a lead agency must be agreed upon within 30 days, and WHEREAS, the Town Board wishes to establish the proposed West Queensbury Sanitary Sewer District in accordance with Town Law Article 12-A NOW, THEREFORE, IT IS ORDERED: 1.The boundaries of the proposed West Queensbury Sanitary Sewer District are shown on the Map of Proposed Sewer District attached as Appendix A to the Map, Plan and Report and in the description of the boundary attached to this Order as Exhibit A. The benefited properties proposed to be a part of the Sewer District are as detailed on Appendix C of the Map, Plan and Report and as Exhibit B attached to this Order. 2.The proposed improvements include the construction of a ten inch PVC gravity sewer main along Warren County Route 28 in the Town of Queensbury. The sewer main would connect the City of Glens Falls sewer system approximately 150 feet east of the Town/City line and would be installed along the south side of the roadway typically three feet south of the southern edge of the proposed sidewalk, crossing Interstate Route 87 and terminating approximately 150 feet west of the intersection of Corinth Road and Big Bay Road. Permanent utility easements would be sought, where required. In all, approximately 6,250 linear feet of PVC sewer main would be constructed. Service laterals would be provided from the sewer main to the property or easement line for each existing 2 developed and undeveloped parcel within the proposed Sewer District. Property owners would be required to connect their building plumbing to the sewer service lateral and, where applicable, to disconnect and decommission their private on-site wastewater disposal system. 3. All proposed improvements shall be installed and paid for as described in the Report (including the cost payable to the City at the time of initial hook-up) and shall be constructed and installed 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. 4.The maximum amount proposed to be expended for these improvements is $1,100,000 including a one time buy-in fee to the City of Glens Falls wastewater treatment facility. The improvement costs for various components of the proposed Sewer District are specifically described in the Map, Plan and Report. 5.The properties within the proposed Sewer District vary widely in their respected use. The estimated cost to each property is listed in Appendix C to the Map, Plan and Report and a list of each property owner and tax map number with the estimated costs of each parcel is attached as Exhibit B of this Resolution and is incorporated in this Resolution. The proposed Sewer District will charge properties based on a formula, not on assessed value. The estimated annual cost of the Project to the typical one or two family home, which is also the “typical” property, in the proposed Sewer District will be $361.80. There will be only a $10 permit fee by the Town for hook-up to the proposed Sewer District. Each property owner will arrange for his/her hook-up to the System at his/her own cost. There will be no additional charge to the Town. 3 The cost to retain a private contractor to install a new collection sewer system and/or sewer lateral between a building and the main Project sewer lines vary significantly depending on the individual conditions including distance from the line and various subsurface conditions. 6. A detailed explanation of how the estimated cost of the District to the typical property, and, if different, the typical one or two family home was computed is included in the Report which is on file with the Town Clerk and available for public inspection. 7.The Town Board shall meet and hold a public hearing to hear all persons interested in the establishment of the Sewer District, consider the Map, Plan and Report and take such other and further th action as may be required or authorized by law at 7:00 p.m. on Monday, January 6, 2003 at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York. 8.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, complete or arrange for the securing of the required two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing and file a certified copy of this Order with the State Comptroller on or about the date of publication. 9.The Town Board further authorizes and directs the Community Development Department to prepare a report on any environmental impacts that should be considered at the time a SEQRA review is conducted. 10.The Town Board hereby authorizes and directs the Community Development Department to send a copy of this Resolution, Part I of the Environmental Assessment Form presented at this meeting and a copy of the Map, Plan and Report to all potentially involved agencies and to the New York State Department of Environmental Conservation and New York State Department of Health together with all documentation to be sent out with a letter indicating that the Town Board is about to undertake consideration of the project identified in this Resolution, that a coordinated SEQRA review 4 with the Queensbury Town Board as Lead Agency is desired and that a Lead Agency must be agreed upon within 30 days. th Duly adopted this 16 day of December, 2002 by the following vote: AYES : Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES : None ABSENT: None 5 EXHIBIT A BOUNDARY DESCRIPTION TOWN OF QUEENSBURY WEST QUEENSBURY SANITARY SEWER DISTRICT The West Queensbury Sanitary Sewer District, situated in the Town of Queensbury, County of Warren, State of New York, being particularly described as follows: Commencing at a point of beginning, said point being the southeastern corner of Parcel 309.11-1-40 as shown on Tax Map 309, Town of Queensbury, Warren County, latest revision dated year 2000, said corner being along the western highway boundary of Thomas Street; thence southwesterly along the southern boundaries of Parcels 309.11-1-40, 41, 42, 43, 44, 45, 46, 47, and 48 to the southwestern corner of Parcel 309.11-1-48, said corner also being along the eastern highway boundary of Caroline Street; thence perpendicular across Caroline Street to the southeastern corner of Parcel 309.11-1-30, said corner also being along the western highway boundary of Caroline Street; thence southwesterly along the southern boundaries of Parcels 309.11-1-30, 33, 34, 35, 36, 37, 38, 39, 309.10-2-22, 23, 24, 25, 26 and 27 to the southwestern corner of Parcel 309.10-2-27; thence northwesterly approximately 20 feet along the westerly boundary of Parcel 309.10-2-27 to the southeastern corner of Parcel 309.10-2-28; thence southwesterly to the southwestern corner of Parcel 309.10-2-28, said corner also being along the eastern highway boundary of Richardson Street; thence southwesterly across Richardson Street to the southeastern corner of Parcel 309.10-1-7, said corner also being along the western highway boundary of Richardson Street; thence southwesterly along the southern boundary of Parcel 309.10-1-7 to a point on the eastern boundary of Parcel 309.10-1-8; thence southeasterly along the eastern boundary of Parcel 309.10-1-8 to its southeastern corner; thence southwesterly along the southern boundary of Parcel 309.10-1-8 to its southwestern corner, said corner also being along the eastern boundary of Parcel 309.10-1-9; thence southeasterly along the eastern boundary of Parcel 309.10-1-9 to its southeastern corner; thence southwesterly along the southern boundaries of Parcels 309.10-1-9 and 309.10-1-10 to a boundary corner of Parcel 309.10-1-10; thence northerly along the boundary of parcel 309.10-1-10 to a point; thence southwesterly along the southern boundary of said Parcel 309.10-1-10 to its southwestern corner, said corner also nd being along the eastern highway boundary of 2 Street; thence northwesterly along the western nd boundary of said Parcel 309.10-1-10 and eastern highway boundary of 2 Street to a point; nd thence perpendicular across 2 Street, to the southeastern corner of parcel 309.10-1-19; thence southwesterly along the southern boundary of Parcel 309.10-1-19 to its southwestern corner, said corner also being along the eastern boundary of Parcel 309.10-1-20; thence southeasterly along the eastern boundary of Parcel 309.10-1-20 to its southeastern corner; thence southwesterly along the southern boundaries of Parcels 309.10-1-20 and 309.10-1-21 to the southwestern corner of Parcel of 309.10-1-21, said corner also being along the eastern boundary of Parcel 309.10-1-22; thence southeasterly along the eastern boundary of Parcel 309.10-1-22 to its southeastern corner; thence southwesterly along the southern boundaries of Parcels 309.10-1-22, 23, 24 and 25 to the southwestern corner of Parcel 309.10-1-25; thence northwesterly along the western boundary of 6 Parcel 309.10-1-25 to the southeastern corner of Parcel 309.10-1-26; thence southwesterly along the southern boundaries of Parcels 309.10-1-26, 27 and 28 to the southwestern corner of Parcel 309.10-1-28, said corner also being along the eastern highway boundary of Pine Street; thence northwesterly along the western boundary of Parcel 309.10-1-28 and the eastern highway boundary of Pine Street to a point perpendicular from the southeastern corner of Parcel 309.14-1- 19; thence perpendicular across Pine Street to the southeastern corner of Parcel 309.14-1-29; thence southwesterly along the southern boundary of Parcel 390.14-1-19 to its southwestern corner, said corner also being along the eastern boundary of Parcel 309.14-1-20; thence southeasterly along the eastern boundary of said Parcel 309.14-1-20 to its southeastern corner; thence southwesterly along the southern boundary of said Parcel 309.14-1-20 to its southwestern corner; thence northwesterly along the western boundary of said Parcel 309.14-1-20 to the southeastern corner of Parcel 309.14-1-22; thence southwesterly along the southern boundary of Parcel 309.14-1-22 to its southwestern corner, said corner also being along the eastern highway boundary of Rozelle Street; thence perpendicular across Rozelle Street to a point along the eastern boundary of Parcel 309.14-1-9 and the western highway boundary of Rozelle St.; thence southeasterly along the western highway boundary of Rozelle Street and eastern boundary of Parcel 309.14-1-9 to the southeastern corner of Parcel 309.14-1-9; thence southwesterly along the southern boundary of Parcel 309.14-1-9 to its southwestern corner; thence northwesterly along the western boundary of said Parcel 309.14-1-9 to the boundary corner where boundary lines for Parcels 309.14-1-9, 10 and 11 intersect; thence southwesterly along the southern boundary of Parcel 309.14-1-11 to its southwestern corner; thence northwesterly along the western boundary of Parcel 309.14-1-11 to the southeastern corner of Parcel 309.14-1-12; thence southwesterly along the southern boundary of Parcel 309.14-1-12 to its southwestern corner, said corner also being along the eastern highway boundary of Ryan Avenue; thence perpendicular across Ryan Avenue to a point along the eastern boundary of Parcel 309.14-1-80 as well as the western highway boundary of Ryan Avenue; thence southeastern along the eastern boundary of said Parcel 309.14-1-80 and western highway boundary of Ryan Avenue to the parcel’s most easterly corner; thence southwesterly, southeasterly, northwesterly, northwesterly, southwesterly and northwesterly around Parcel 309.14-1-80 to the southeastern corner of Parcel 309.14-1-81; thence southwesterly along the southern boundary of Parcel 309.14-1-81 to its southwestern corner, said corner also being along the eastern boundary of Parcel 309.14-1-83; thence southeasterly along the eastern boundary of Parcel 309.14-1-83 to its southeastern corner; thence southwesterly along the southern boundary of Parcel 309.14-1-83 to its southwestern corner; thence northwesterly along the western boundary of said Parcel 309.14-1-83 to its northwestern corner, said corner also being along the southern highway boundary of Main Street (Warren County Route 28); thence southwesterly along said southern highway boundary to the northeastern corner of Parcel 309.14-1-85; thence southeasterly along the eastern boundary of Parcel 309.14-1-85 to its southeastern corner; thence southwesterly along the southern boundary of Parcel 309.14-1-85 to its southwestern corner, said corner also being along the eastern highway boundary of Big Boom Road; thence perpendicular across Big Boom Road to a point along the eastern boundary of Parcel 309.14-1-5 and western highway boundary of Big Boom Road; thence southwesterly and southeasterly along the eastern boundary of Parcel 309.14-1-5 and the western highway boundary of Big Boom Road to the southeastern corner of Parcel 309.14-1-5; thence northwesterly along the southern boundary of said Parcel 309.14-1-5 to its southwestern corner; thence northeasterly and northwesterly along the western boundary of 7 Parcel 309.14-1-5 to its point of intersection with the southern highway boundary of Main St. (Warren County Route 28); thence westerly along the southern highway boundary of Main ST. (Warren County Route 28) to its point of intersection with the eastern boundary of parcel 309.13- 2-1 and western highway boundary of New York State Adirondack Northway (Interstate 87); thence southwesterly along the eastern boundary of said Parcel 309.13-2-1 and western highway boundary of the New York State Adirondack Northway (Interstate 87) to the southern most point of Parcel 309.13-2-1; thence northerly along the western boundary of Parcel 309.13-2-1 to the southeastern corner of Parcel 309.13-2-2; thence westerly along the southern boundary of said Parcel 309.13-2-2 to its most southwestern corner, said corner also being along the eastern highway boundary of Bib Bay Road; thence northerly, easterly and northerly along the western boundary of Parcel 309.13-2-2 to the southeastern corner of Parcel 309.13-2-4; thence westerly along the southern boundaries of parcels 309.13-2-4 and 309.13-2-5 to the southwestern corner of Parcel 309.13-2-5, said corner also being along the eastern highway boundary of Bib Bay Road; thence perpendicular across Big Bay Road to a point along the eastern boundary of Parcel 309.13-2-25; thence southerly, westerly, southerly, westerly, and northerly around Parcel 309.13- 2-25 to its northwestern corner, said corner also being along the southern highway boundary of Corinth Road (Warren County Route 28); thence easterly along the northern boundary of Parcel 309.13-2-25 and southern highway boundary of Corinth Road (Warren County Route 28) approximately 90 feet to a point; thence perpendicular across Corinth Road (Warren County Route 28) to the southwestern corner of Parcel 309.13-1-35, said corner also being along northern highway boundary of Corinth Road (Warren County Route 28) and eastern highway boundary of Rhode Island Avenue; thence northerly along the western boundary of Parcel 309.13- 1-35 and eastern highway boundary of Rhode Island Avenue to the northwestern corner of Parcel 309.13-1-35, thence easterly along the northern boundary of Parcel 309.13-1-35 to its northeastern corner, said corner also being along the western boundary of Parcel 309.13-1-73; thence northerly along the western boundary of Parcel 309.13-1-73 to its northwestern corner; thence northeasterly along the northern boundary of said Parcel 309.13-1-73 to its northeastern corner, said corner also along the western highway boundary of New York State Adirondack Northway (Interstate 87); thence southwesterly along the eastern boundary of Parcels 309.13-1- 73 and 309.13-1-74 and the western highway boundary of New York State Adirondack Northway (Interstate 87) to the southeastern corner of Parcel 309.13-1-74, which is located on the northern highway boundary of Corinth Road (Warren County Route 28); thence easterly along the northern highway boundary of Corinth Road and Main ST. (Warren County Route 28) to the southwestern corner of Parcel 309.14-1-6, thence northeasterly along the western boundary of Parcel 309.14-1-6 and eastern highway boundary of the New York State Adirondack Northway (Interstate 87) to its northwestern corner; thence southeasterly along the northern boundary of Parcel 309.14-1-6 to its northeastern corner; thence southeasterly along the eastern boundary of said Parcel 309.14-1-6 to its southeastern corner, said corner also being along the northern highway boundary of Main Street (Warren County Route 28); thence northeasterly along the northern highway boundary of Main Street (Warren County Route 28) to the southwestern corner of Parcel 309.14-1-7; thence northwesterly along the western boundary of Parcel 309.14-1-7; thence northwesterly along the western boundary of Parcel 309.14-1-7 to its northeastern corner; thence southeasterly along the eastern boundary of said Parcel 309.14-1-7 to its southeastern corner, said corner also being along the northern highway boundary of Main Street (Warren County Route 28); thence northeasterly along the northern highway boundary of Main Street 8 (Warren County Route 28) to the southwestern corner of Parcel 309.10-1-30; thence northwesterly along the western boundary of said Parcel 309.10-1-30 to its northwestern corner; thence northeasterly along the northern boundaries of Parcels 309.10-1-30, 31, 32, 34, 35, 36 and 37 to the northeastern corner of Parcel 309.10-1-37; thence southeasterly along the eastern boundary of Parcel 309.10-1-37 to the northwestern corner of Parcel 309.10-1-38; thence northeasterly along the northern boundary of Parcel 309.10-1-38 to its northeastern corner, said corner also being along the western highway boundary of Pine Street; thence continue perpendicular across Pine Street to a point along the western boundary of Parcel 309.10-1-47 and eastern highway boundary of Pine Street; thence northwesterly along the western boundaries of Parcels 309.10-1-47 and 309.10-1-48 and the eastern highway boundary of Pine Street to the northwestern corner of Parcel 309.10-1-48; thence northeasterly along the northern boundary of Parcel 309.10-1-48 to its northeastern corner, said corner also being along the western boundary of Parcel 309.10-1-49; thence northwesterly along the western boundary of Parcel 309.10-1-49 to its northwestern corner; thence northeasterly along the northern boundaries of Parcels 309.10-1- 49, 50, 51, 52 and 53 to the northeastern corner of Parcel 309.10-1-53; thence southeasterly along the eastern boundary of Parcel 309.10-1-53 to the northwestern corner of Parcel 309.10-1- 54, said corner also being along the eastern boundary of Parcel 309.10-1-53; thence northeasterly along the north boundary of Parcel 309.10-1-54 to its northeastern corner, said corner also being on the western boundary of Parcel 309.10-1-56, thence northwesterly along the western boundary of said Parcel 309.10-1-56 to its northwestern corner; thence northeasterly along the northern boundary of Parcels 309.10-1-56 and 309.10-1-57 to a point; thence southeasterly along the property of Parcel 309.10-1-57; thence northeasterly along the northern boundaries of Parcel 309.10-1-57 and 309.10-1-59 to the northeastern corner of Parcel 309.10-1-59, said corner also being along the western highway boundary of Newcomb Street; thence southeasterly along the eastern boundary of Parcel 309.10-1-69 and the western highway boundary of Newcomb Street to a point perpendicular across Newcomb Street from the northwestern corner of Parcel 309.10-2- 59; thence perpendicular across Newcomb Street to the corner of Parcel 309.10-2-69; thence northeasterly along the northern boundaries of parcels 309.10-2-69 and 309.10-2-70 to the northeastern corner of Parcel 309.10-2-70; said corner also being along the western boundary of Parcel 309.10-2-71; thence northwesterly along the western boundary of Parcel 309.10-2-71 to its northwestern corner; thence northeasterly along the northern boundary of Parcel 309.10-2-71 to its northeastern corner, said corner also being along the western highway boundary of Richardson Street; thence southerly along the eastern boundary of Parcel 309.10-2-71 and the western highway boundary of Richardson Street to a point perpendicular across Richardson Street from the northwestern corner of Parcel 309.10-2-15; thence perpendicular across Richardson Street to the northwestern corner of Parcel 309.10-2-15; thence northeastern along the northern boundaries of Parcels 309.10-2-15 and 309.10-2-16 to the northeastern corner of Parcel 309.10-2-16, said corner also being along the western boundary of Parcel 309.10-2-17; thence northwesterly along the western boundary of Parcel 309.10-2-17 to its northwestern corner; thence northeasterly along the northern boundaries of Parcels 309.10-2-17 and 309.10-2-18 to the northeastern corner of Parcel 309.10-2-18, said corner also being along the western boundary of Parcel 309.10-2-19; thence northwesterly along western boundary of Parcel 309.10-2-19 to the northwestern corner; thence northeasterly along the northern boundaries of Parcels 309.10-2-19, 20 and 21 to the northeastern corner of Parcel 309.10-2-21; thence southeasterly along the eastern boundary of said Parcel 309.10-2-21 to the northwestern corner of Parcel 309.11-2-1; thence northeasterly 9 along the northern boundaries of Parcels 309.11-2-1, 3, 4, and 5 to the northeastern corner of Parcel 309.11-2-5, said corner also being along the western highway boundary of Allen Lane; thence continue perpendicular across Allen Lane to a point along the western boundary of Parcel 309.11-2-10 and eastern highway boundary of Allen Lane; thence northeasterly along the parcel and road boundary to the northeastern corner of Parcel 309.11-2-10; thence northeastern along the northern boundaries of Parcels 309.11-2-10, 11, 12 to the northeastern corner of Parcel 309.11-2-12; thence southeasterly along the eastern boundary of Parcel 309.11-2-12 to the northwestern corner of parcel 309.11-2-13; thence northeasterly along the northern boundary of Parcel 309.11-2-13 to its northeastern corner; thence southeasterly along the eastern boundary of Parcel 309.11-2-13 to the northwestern corner of Parcel 309.11-2-14; thence northeasterly along the northern boundary of Parcel 309.11-2-14 to its northwestern corner, said corner also being along the western boundary of Parcel 309.11-2-16; thence northwesterly along the western boundary of Parcel 309.11-2-16 to the northwestern corner of Parcel 309.11-2-16; thence northeasterly along the northern boundary of Parcel 309.11-2-16 to its northeastern corner; thence southeasterly along the eastern boundary of Parcel 309.11-2-16 to its southeastern corner, said corner also being along the northern highway boundary of Main Street (Warren County Route 28); thence northeasterly along the northern highway boundary of Main Street (Warren County Route 28) to the southwestern corner of Parcel 309.11-2-17; thence northwesterly, northeasterly and southeasterly along the parcel boundary of Parcel 309.11-2-17 to a point along the westerly highway boundary of Western Avenue; thence continuing southeasterly along the western highway boundary of Western Avenue crossing Main Street (Warren County Route 28) to the northeastern corner of Parcel 309.11-1-40, said corner also being along the southern highway boundary of Main Street (Warren County Route 28); thence southeasterly along the eastern boundary of Parcel 309.11-1-40 and western boundary of Thomas Street to the said point of beginning. I, Darleen M. Dougher, Town Clerk of the Town of Queensbury, Warren County, New York, do hereby certify that I have compared the foregoing with the original resolution entitled Order Setting Public Hearing Concerning Proposed Creation of West Queensbury Sanitary Sewer District adopted at a Regular meeting of the Town Board of the Town of th Queensbury held on the 16 day of December 2002 at which a quorum was present and that the same is a correct transcript there from and of the whole original thereof to date. IN WITNESS THEREOF, I have hereto set my hand and 10 the SEAL of said Town of Queensbury, the 17th day of December, 2002. SEAL SIGNED:__________________________ Darleen M. Dougher Town Clerk Town of Queensbury Dated: 12-23-2002 Darleen M. Dougher Town Clerk-Queensbury 11