521.93
RESOLUTION APPROVING EXTENSION OF THE QUEENSBURY TECHNICAL PARK
SEWER DISTRICT TO BE KNOWN AS THE
QUEENSBURY TECHNICAL PARK SEWER EXTENSION NO. 1
RESOLUTION NO. 520, 93
INTRODUCED BY: Mr. Pliney Tucker
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michel Brandt
WHEREAS, the Town Board of the Town of Queensbury is desirous
of establishing an extension to the existing Queensbury Technical
Park Sewer District, to be known as the Queensbury Technical Park
Sewer Extension No. 1, and
WHEREAS, a Map, Plan and Report has been prepared regarding
the said proposed extension to the existing Queensbury Technical
Park Sewer District, such extension to service an area of land in
the amount of 28+\- acres, such area consisting of those parcels or
lots being identified as having tax map numbers 110.00-1-2.1 and
110.00-1-22, with the boundaries of the proposed extension being
more fully set forth herein and in the Map, Plan and Report, and
WHEREAS, the Map, Plan and Report has been filed in the Town
Clerk's Office in the Town of Queensbury and is available for
public inspection, and
WHEREAS, the Map, Plan and Report was prepared by James J.
Connors, P.E., of C.T. Male Associates, P.C., and stamped as
prepared by an engineer licensed by the State of New York, and
WHEREAS, said Map, Plan and Report shows the boundaries of the
proposed extension to the Queensbury Technical Park Sewer District
and a general plan of the proposed sewer system showing proposed
installation of a duplex submersible grinder pump station, 195 lf
of 2-inch PVC SDR 26 force main, 1,410 lf of 8-inch PVC SDR 35
gravity sewer, 8 precast concrete manholes, 515 or 545 lf of 6-inch
PVC SDR 35 lateral pipe, and a Kor-N-Seal connection to an existing
manhole, and with it also being set forth further that the sewage
disposal plant is proposed to be the City of Glens Falls Sewage
Disposal Plant, and that transmission mains of the Queensbury
Technical Park Sewer District shall also be used to transport the
sewage from the said extension to the City Plant, and
WHEREAS, the Town Board of the Town of Queensbury desires to
establish the said proposed sewer extension pursuant to Town Law,
Article 12A, and consolidate the same with the Queensbury Technical
Park Sewer District pursuant to Town Law, §206A, and
WHEREAS, the said Town Board has considered the establishment
of said extension in accordance with the provisions of the State
Environmental Quality Review Act and has adopted a negative
declaration concerning environmental impacts,
NOW, THEREFORE, IT IS
RESOLVED, that it is the determination of the Town Board of
the Town of Queensbury, that:
1. notice of said public hearing was published and posted
as required by law and is otherwise sufficient;
2. it is in the public interest to establish, authorize,
and approve the Queensbury Technical Park Sewer Extension No. 1, as
the same has been described in the map, plan and report on file
with the Town Clerk of the Town of Queensbury and as more
specifically described herein;
3. all property and property owners within said extension
are benefitted thereby;
4. all property and property owners benefitted are included
within the limits of said extension;
5. pursuant to §206a of the Town Law of the State of New
York, it is in the public interest to assess all expenses of the
district, including all extensions heretofore or hereafter
established as a charge against the entire area of the district as
extended and it is in the public interest to extend the district
only if all expenses of the district shall be assessed against the
entire district as extended, and
IT IS FURTHER,
RESOLVED, that:
1. The Queensbury Technical Park Sewer Extension No. 1 be and
the same is hereby authorized, approved and established in
accordance with the boundaries and descriptions set forth herein
and in the previously described map, plan and report, and
construction of the improvement may proceed and service provided
and subject to the following;
a. the obtaining of any necessary permits or approvals from
the New York State Department of Health;
b. the obtaining of any necessary permits or approvals from
the New York State Department of Environmental
Conservation;
c. the execution of an agreement between the Developer
and/or Owner of properties to be served by the extension
and the Town, which agreement will provide that the
Developer and/or Owner will pay all costs of
construction of the extension, provide for the escrow of
funds for such construction, provide for certain
specifications of construction, and contain such other
provisions as may be deemed appropriate by the Town
Board of the Town of Queensbury;
d. a permissive referendum in the manner provided in
Article 7 of the Town Law of the State of New York;
e. the adoption of a final Order by the Town Board of the
Town of Queensbury;
2. The boundaries of the Queensbury Technical Park Sewer
Extension No. 1 to the existing Queensbury Technical Park Sewer
District are as follows:
All that certain tract, piece or parcel of land situate
in the Town of Queensbury, Warren County, New York,
lying generally Southwesterly of Dix Avenue (County
Route No. 42) and generally Westerly of Quaker Road (New
York State Route No. 254) being more particularly
bounded and described as follows:
BEGINNING at the point of intersection of the
Southwesterly margin of Dix Avenue with the Westerly
highway boundary of Quaker Road and thence from said
point of beginning along said Westerly highway boundary
of Quaker Road the following two (2) courses: 1) South
27 deg. 53 min. 29 sec. East 514.04 feet to a point; and
2) South 25 deg. 14 min. 04 sec. East 413.70 feet to its
point of intersection with the Northwesterly margin of
Highland Avenue New York State Route No. 32; thence
along said Northwesterly road margin the following two
(2) courses: 1) South 59 deg. 06 min. 33 sec. West
242.69 feet to a point; and 2) South 53 deg. 45 min. 30
sec. West 84.08 feet to its point of intersection with
the division line between the lands of said Claude C.
Charlebois as described in Book 729 of Deeds at Page 221
on the Northeast and lands now or formerly of the
Niagara Mohawk Power Corporation, formerly lands of the
Adirondack Power and Light Corporation, as described in
Book 157 of Deeds at Page 556 on the Southwest; thence
North 65 deg. 13 min. 10 sec. West along the last
mentioned division line 866.30 feet to its point of
intersection with the division line between the lands of
said Charlebois on the East and other lands of Niagara
Mohawk Power Corporation, formerly lands of the
Adirondack Power and Light Corporation, as described in
Book 155 of Deeds at Page 320 on the West; thence along
the last mentioned division line North 07 deg. 58 min.
00 sec. East 72.72 feet to its point of intersection
with the division line between the lands of said
Charlebois on the Northeast and lands of said Niagara
Mohawk Power Corporation formerly lands of the
Adirondack Power and Light Corporation as described in
Book 155 of Deeds at Page 320 on the Southwest; thence
North 65 deg. 13 min. 10 sec. West along the last
mentioned division line 664.11 feet to its point of
intersection with the division line between the lands of
said Charlebois on the East and lands now or formerly of
the Town of Queensbury as described in Book 756 of Deeds
at Page 152 on the West; thence North 08 deg. 04 min. 10
sec. East along the last mentioned division line 822.41
feet to its point of intersection with the Southwesterly
margin of Dix Avenue; thence along said Southwesterly
margin the following three (3) courses: 1) South 64
deg. 37 min. 10 sec. East 673.53 feet to a point; thence
2) South 65 deg. 12 min. 23 sec. East 131.89 feet; and
3) South 65 deg. 37 min. 30 sec. East 59.35 feet to its
point of intersection with the division line between
lands of said Charlebois on the Northwest and lands now
or formerly of Willston Realty Company as described in
Book 400 of Deeds at Page 456 and Book 469 of Deeds at
Page 504 on the Southeast; thence South 24 deg. 37 min.
20 sec. West along the last mentioned division line
200.00 feet to its point of intersection with the
division line between the lands of said Charlebois on
the Southwest and lands of said Willston Realty Company
on the Northeast; thence South 65 deg. 22 min. 40 sec.
East along the last mentioned division line 275.00 feet
to its point of intersection with the division line
between the lands of said Charlebois on the Southeast
and lands of said Willston Realty Company on the
Northwest; thence North 24 deg. 37 min. 20 sec. East
along the last mentioned division line 200.00 feet to
its point of intersection with the Southwesterly margin
of Dix Avenue; thence along said Southwesterly road
margin South 65 deg. 21 min. 45 sec. East 99.95 feet to
the point or place of beginning, containing 27.934 +/-
acres of land.
3. The improvements shall consist of the purchase and
installation of a duplex submersible grinder pump station, 195 lf
of 2-inch PVC SDR 26 force main, 1,410 lf of 8-inch PVC SDR 35
gravity sewer, 8 precast concrete manholes, 515 or 545 lf of 6-inch
PVC SDR 35 lateral pipe, and a Kor-N-Seal connection to an existing
manhole, as more specifically set forth in the aforedescribed Map,
Plan and Report prepared by C. T. Male Associates, P. C. and the
cost shall also include a payment of the appropriate charge due the
City of Glens Falls at the time of the initial hook-up;
4. All proposed construction shall be installed and paid for
by the developer (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;
5. The maximum amount to be expended for said improvement
will not be greater than $130,000.00, said improvement cost to be
paid by the developer and at no cost to the Town of Queensbury or
the Queensbury Technical Park Sewer District, for the proposed
extension. The areas or properties a part of the extension,
however, will be subject to the same cost for operation,
maintenance and capital improvements as in the Queensbury Technical
Park Sewer District;
6. The method of apportioning costs is such that the
Developer and/or Owner of the property which the extension will
service, will pay the cost for engineering, installation of the
sewer pipe, and necessary appurtenances and the initial capital
charge payable to the City of Glens Falls for use of its sewage
treatment plant. The extension will thereafter be consolidated
with the Queensbury Technical Park Sewer District and properties
therein will be assessed taxes and/or pay user fees in the same
manner and in the same amounts as similar properties are assessed
or billed in the Queensbury Technical Park Sewer District;
7. There will be no financing of the construction or
installation cost for the proposed sewer extension and no amount
shall be paid therefor by the extension, the Town of Queensbury or
the Queensbury Technical Park Sewer District, the developer being
responsible for the same, as well as the charge payable to the City
at the time of the initial connection of the sewer district;
8. In accordance with Town Law, Section 206A, all expenses of
the Queensbury Technical Park Sewer District, including all
extensions included heretofore or hereafter established, shall be a
charge against the entire area of the district as extended;
9. Expenses occasioned after the creation of the extension
shall be assessed, levied, and/or collected from the several lots
and parcels of land within the extension on the same basis as the
assessments, levies, and/or collections are made in the Queensbury
Technical Park Sewer District and such assessments shall be made on
a benefit basis and/or user charge basis;
10. The Map, Plan and Report describing the improvements and
area involved is on file with the Town Clerk of the Town of
Queensbury and available for public inspection;
and
BE IT FURTHER,
RESOLVED, that this resolution is subject to a permissive
referendum in the manner provided the provisions of Article 7 and
Article 12-A of the Town Law of the State of New York and the Town
Clerk is hereby authorized and directed to file, post, and publish
such notice of this Resolution as may be required by law.
Duly adopted this 20th day of September, 1993, by the
following vote:
AYES: Mr. Caimano, Mr. Tucker, Mrs. Goetz, Mr. Brand
NOES: Mrs. Monahan
ABSENT: None
I, Caroline Mann Mitchell, Deputy Town Clerk of the Town of
Queensbury, Warren County, New York, do hereby certify that I have
compared the foregoing with the original resolution as listed above
adopted at a Regular Meeting of the Town Board of the Town of
Queensbury held on the 20th day of September, 1993
at which a quorum was present and that the same is a correct
transcript therefrom and of the whole original thereof to date.
IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said
Town of Queensbury, this 21st day of September, 1993.
SEAL
SIGNED:_______________________________________
Caroline Mann Mitchell
Deputy Town Clerk-Queensbury
DATED: September 25, 1993