094.99
NOTICE OF ADOPTION
At a Regular Meeting of the Town Board of the Town of Queensbury held on March
15th, 1999 at 7:00 P.M. at the Town of Queensbury, 742 Bay Road, Queensbury,
New York, the following resolution was passed:
ORDER SETTING PUBLIC HEARING CONCERNING
PROPOSED EXTENSION NO.: 4 TO THE CENTRAL
QUEENSBURY QUAKER ROAD SEWER DISTRICT
RESOLUTION NO. 94. 99
INTRODUCED BY: Mr. Pliney Tucker
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town Board of the Town of Queensbury wishes to establish an
extension to the Central Queensbury Quaker Road Sewer District to be known as the
Central Queensbury Quaker Road Sewer District Extension No. 4, and
WHEREAS, Stewart’s Shops (the “Developer”) has agreed to make all necessary
improvements and pay all the costs of such extension, and
WHEREAS, based on the recommendation of the Director of Wastewater, the
Town Board has requested that the Developer install excess capacity as part of the
improvements to accommodate future growth in the area, where the cost of such excess
capacity in the amount of $10,000 will be paid by the Town’s General Fund, to be
reimbursed when later development occurs, and
WHEREAS, a Map, Plan and Report has been prepared Lawrence H. Rutland, Jr.,
P.E., an Engineer licensed by the State of New York regarding the proposed extension to
the existing Central Queensbury Quaker Road Sewer District to serve a Stewart’s Shop to
be located at the corner of Bay and Cronin Roads in the Town of Queensbury, such area
consisting of a parcel bearing Tax Map No.: 60-2-11.1 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 sewer system, a report of the
proposed sewer system and method of operation, and
WHEREAS, the Town Board of the Town of Queensbury wishes to establish the
proposed sewer extension in accordance with Article 12A of Town Law and consolidate
the extension with the Central Queensbury Quaker Road Sewer District in accordance with
Town Law §206A, and
WHEREAS, Part I of a Short Environmental Assessment Form has been prepared
and presented at this meeting and a coordinated SEQRA review is desired,
NOW, THEREFORE, IT IS
2
ORDERED:
1. The Town Board of the Town of Queensbury shall hold a public hearing
and consider establishing the proposed extension to the Central Queensbury Quaker Road
Sewer District previously described in this Resolution and to be known as the Central
Queensbury Quaker Road Sewer District Extension No. 4.
2. The boundaries of the proposed extension and benefitted areas of the
Central Queensbury Quaker Road Sewer District are to be as follows:
All that piece or parcel of land situate, lying and being in the Town of Queensbury,
County of Warren and State of New York being bounded and described as
follows:
Beginning at a point marked by an iron pin at the intersection of the east bounds of
Bay Road (Warren County Route 7) with the north bounds of Cronin Road, said
point being the southwesterly corner of lands of the grantors herein, Roger and
Barbara Brassel, and the southwesterly corner of the parcel herein described;
running thence along said east bounds of Bay Road the following three courses:
N 04° 43’ 50” E 74.17’ to an iron pin;
S 81° 24’ 10” E 10.00’ to a capped iron pin;
3
N 06° 12’ 40” E 120.10’ to a capped iron pin set;
thence leaving said bounds of Bay Road and running through lands of Brassel
S 84° 06’ 28” E 284.03’ to a capped iron pin set
on the west bounds of lands of JBJ Queensbury, LLC; running thence along said
west bounds of lands of JBJ Queensbury, Inc.
S 05° 53’ 33” W 207.42’ to a capped iron pin set
on the aforementioned north bounds of Cronin Road; running thence along said
north bounds of Cronin Road
N 81° 26’ 40” W 293.50’ to the point and place
of beginning. Containing 1.327 acres of land.
3. The proposed improvements shall consist of the purchase and installation
of approximately 260 linear feet of 8 inch main from an existing manhole on Cronin Road
to one new additional manhole on Bay Road as more specifically set forth in the Map, Plan
and Report prepared by Lawrence H. Rutland, Jr., P.E., 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, with the exception of the additional cost
described below in paragraph 6 of this Order, 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
4
approved plans and specifications and under competent engineering supervision.
5. The maximum amount proposed to be expended for said improvement will
not be greater than $29,000, plus a one time buy-in fee estimated to be $1.35 per gallon of
average daily flow, which in this case would be $742.50 or a total of $29,742.50. Such
improvement costs shall be paid by the Developer and there shall be no cost to the Town of
Queensbury or the Central Queensbury Quaker Road Sewer District for the proposed
extension except as described in paragraph 6 below. 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 Central Queensbury Quaker Road Sewer District.
6. The Director of Wastewater has recommended that the Town Board
request that the Developer install a sewer line that will meet not only the Developer’s
needs, but also meet future growth along the Bay Road corridor. The Developer has
agreed to do so provided that the Town reimburse the Developer $10,000 of the total cost,
such amount being a fair estimate of the cost of the excess capacity to be installed In
§
accordance with 192-a of Town Law, the Town Board may authorize its General Fund to
financially support the sewer line with certain conditions and require that the General Fund
be reimbursed when the portion of the sewer line designated for future use is put into
operation. After the public hearing being set herein, the Town Board will consider
authorizing reimbursement from the General Fund to the Developer in the amount of
$10,000 as the approximate cost for such excess capacity, once the Developer’s property is
included within the Sewer District and the project is completed.
5
7. The estimated cost of hook-up fees to the typical property will be $0.
s
There are no one or two family homein the extension, so their hook-up cost would be
.
$0.00 The estimated annual cost of the extension to the property will be $1,438.41 and
approximately $1,094 for sewer rents; the total estimated annual cost is $2,532.41. Since
,
there are nonethe estimated annual cost for a one or two family home would be $0 for
debt service and approximately $0 per year for sewer rents for a total estimated annual cost
of $0. There shall be no one or two family homes within the extension; there is only one
property and it is to be a Stewart’s Ice Cream Shop.
8. In accordance with Town Law §206-a, all future expenses of the Central
Queensbury Quaker Road Sewer District, including all extensions included heretofore or
hereafter established, shall be a charge against the entire area of the district as extended.
9. The Map, Plan and Report describing the improvements and area involved
and a detailed explanation of how the hook-up fees and the cost of the District to the
typical property, and, if different, the typical one or two family home was computed are on
file with the Town Clerk of the Town of Queensbury and available for public inspection.
10. The Town Board of the Town of Queensbury shall meet and hold a public
hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on
th
Monday, April 5, 1999 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
6
authorized by law.
11. The Town Board will proceed with considering the extension and hold
such public hearing only if the Developer executes an agreement concerning the extension
in a form acceptable to Town Counsel prior to such hearing.
12. The Town Board of the Town of Queensbury 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.
13. The Town of Queensbury Community Development Department is hereby
requested to prepare a report on any environmental impacts that should be considered at
the time a SEQRA review is conducted.
14. 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
7
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
with the Town Board of the Town of Queensbury as Lead Agency is desired and that a
Lead Agency must be agreed upon within 30 days.
th
Duly adopted this 15 day of March, 1999, by the following vote:
AYES : Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne
NOES : None
ABSENT:None
I, KAREN A. O’BRIEN, 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
th
Queensbury held on the 15 day of March 1999, 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 16th day of March, 1999.
SEAL
SIGNED: _______________________________________
Karen A. O’Brien
Deputy Town Clerk-Queensbury
Dated: March 25, 1999
8