307.98
RESOLUTION AND FINAL ORDER APPROVING
ESTABLISHMENT OF THE
QUEENSBURY TECHNICAL PARK SEWER DISTRICT
EXTENSION NO. 2 TO THE
QUEENSBURY TECHNICAL PARK SEWER DISTRICT
RESOLUTION NO. 307, 98
INTRODUCED BY: Mr. Douglas Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Pliney Tucker
WHEREAS, the Town Board of the Town of Queensbury wishes to establish an extension to
the Queensbury Technical Park Sewer District to be known as the Technical Park Sewer Extension
No. 2, and
WHEREAS, Amerada Hess Corporation (the Developer) has agreed to make all necessary
improvements and pay all the costs of such extension, and
WHEREAS, a Map, Plan and Report has been prepared by James E. Mitchell, P.E., of The
Environmental Design Partnership, LLP (EDP), an Engineer licensed by the State of New York, 900
Route 146, Clifton Park, New York 12065, regarding the said proposed extension to the existing
Queensbury Technical Park Sewer District, to serve an area located along the north side of Dix
Avenue, opposite the K-Mart property, just west of the intersection with Quaker Road in the Town of
Queensbury, such area consisting of the parcel or lot identified as Tax Map No.: 110-1-2.7 as revised
th
by the Town Board as part of its public hearing and Resolution of July 6, 1998, as more specifically
set forth and described in the Map, Plan and Report, and
WHEREAS, the Map, Plan and Report, as revised at such public hearing, shall hereafter be
referred to as the “Revised Map, Plan and Report,” and
WHEREAS, the Revised 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 Revised Map, Plan and Report delineates the boundaries of the proposed
sewer district extension, a general plan of the proposed sewer system, a report of the proposed sewer
system and method of operation, 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, §206-a, and
WHEREAS, the Town Board considered the establishment of said extension in accordance
with the provisions of the State Environmental Quality Review Act and adopted a negative declaration
concerning environmental impacts, and
WHEREAS, the Town Board also adopted a Resolution approving the extension of the
District, subject to a permissive referendum, and
WHEREAS, the Certificate of the Town Clerk required to be filed pursuant to Subdivision 4,
Town §209-e establishes that no petition was filed requesting a referendum, and
WHEREAS, State Comptroller approval is not necessary, and
WHEREAS, the Town wishes to adopt a Final Order extending the Queensbury Technical
Park Sewer District,
NOW, THEREFORE, IT IS
ORDERED, that it is the determination of the Town Board of the Town of Queensbury, that:
1.The Notice of Public Hearing was published and posted as required by law and is otherwise
2
sufficient.
2.An Agreement between the parties has been executed and filed in the Queensbury Town Clerk’s
Office;
3.It is in the public interest to establish, authorize, and approve the Queensbury Technical Park
Sewer District Extension No. 2 to the Queensbury Technical Park Sewer District as it has been
described in the Revised Map, Plan and Report on file with the Town Clerk of the Town of
Queensbury and as more specifically described herein;
4.All property and property owners within said extension are benefited thereby;
5.All property and property owners benefited are included within the limits of the extension;
6.Pursuant to §206-a 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,
ORDERED, that:
1.The Queensbury Technical Park Sewer District Extension No. 2 to the Queensbury Technical Park
Sewer District be and the same is hereby authorized, approved and established in accordance with
the boundaries and descriptions set forth herein and in the Revised 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;
3
B. the obtaining of any necessary permits or approvals from the New York State
Department of Environmental Conservation;
2. The boundaries of the Queensbury Technical Park Sewer District Extension No. 2 to the
Queensbury Technical Park Sewer District are as follows:
ALL THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND SITUATE in the
Town of Queensbury, County of Warren, State of New York lying at the intersection
of the northerly line of Dix Avenue, County Road No. 42 and the southwesterly line of
Quaker Road, County Road No. 70, N.Y.S. Route 254-Scenic Highway and being
further bounded and described as follows:
Beginning at a point marked with a concrete monument set at the point of intersection
on the northerly line of Dix Avenue, County Road No. 42 with the common division
line of lands now or formerly of Michael Mango and George S. Khachadourian as
conveyed in Book 905 of Deeds at Page 84 to the west and the parcel herein being
described to the east; thence from said point of beginning along said common division
line, North 24 deg. 53 min. 20 sec. East, 50.00 feet to a point being the most southerly
corner of other lands nor or formerly of George S. Khachadourian and Michael Mango
as conveyed in Book 929 of Deeds at Page 25, said point located North 83 deg. 20
min. West, 0.3 feet from a bent capped iron rod found; thence along the common
division line of said lands of George S. Khachadourian and Michael Mango as
conveyed in Book 929 of Deeds at Page 25 to the northwest and the parcel of land
herein being described to the southeast, North 48 deg. 20 min. 50 sec. East, 303.51
feet to a point in the southwest line of Quaker Road, County Road No. 70, N.Y.S.
Route 254-Scenic highway, said point located North 37 deg. 20 min. West, 0.3 feet
from a capped iron rod found; thence along said southwest line and the west line of
Quaker Road the following three (3) courses and distances:
1) South 32 deg. 13 min. 30 sec. East, 151.35 feet to a point, said point located
North 37 deg. 55 min. West, 1.0 feet from a concrete monument found 1.1 feet
below the ground;
2) South 28 deg. 38 min. 10 sec. East, 370.00 feet to a point marked with a
masonry nail set in asphalt pavement;
3) South 61 min. 21 min. 50 sec. West, 12.00 feet to a point marked with a
masonry nail set in pavement at the point of intersection of the west line of
Quaker Road and the northerly line of Dix Avenue; thence along said northerly
line of Dix Avenue the following two (2) courses and distances:
4
1) North 65 deg. 15 min. 10 sec. West, 477.17 feet to a point;
2) North 65 deg. 06 min. 40 sec. West, 82.04 feet to the point or place
of beginning of said parcel containing 2.295 ??? acres or
99,986 ??? square feet of land.
Said parcel made subject to any and all enforceable covenants, conditions, easements and
restrictions of record as they may appear.
3. The improvements to be included and made a part of the extension shall consist of the purchase
and installation of 370 lf of sewer main running from the area proposed to be included in the
extension to an existing sewer main in the Queensbury Technical Park Sewer District, as more
specifically set forth in the Revised Map, Plan and Report prepared by James E. Mitchell, P.E.
of The Environmental Design Partnership, LLP (EDP) 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 proposed to be expended for the improvement will not be greater than
$26,180, plus a one time buy-in fee estimated to be $1.35 per gallon of average daily flow
(1,840 gallons per day), which in this case would be $2,484, or a total of $28,664. Such
improvement costs shall be paid by the Developer and there shall be no cost to the Town of
Queensbury or the Queensbury Technical Park Sewer District, for the proposed extension.
5
The areas or properties that comprise 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 completely responsible for
the same, as well as the charge payable to the City at the time of the initial connection of the
extension;
8. In accordance with Town Law, Section 206-a, 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
6
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 Revised Map, Plan and Report describing the improvements and area involved is on file
with the Town Clerk of the Town of Queensbury and is available for public inspection;
and
BE IT FURTHER,
ORDERED, that the Town Clerk shall cause a certified copy of this Resolution and Order
extending the Queensbury Technical Park Sewer District and consolidating the extension with the
district, to be duly recorded in the Office of the Clerk of the County of Warren, and cause a certified
copy of this Resolution to be sent to the State Department of Audit & Control at Albany, New York,
the Town of Queensbury Assessor's Office, Community Development Department and Waste Water
Department, within 10 days of the date of adoption of this Order.
th
Duly adopted this 17 day of August, 1998, by the following vote:
AYES : Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne
NOES : None
ABSENT: None
7