254.99
NOTICE OF ADOPTION
At a Regular Meeting of the Town Board of the Town of
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Queensbury held on August 2, 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
EXTENSION NO. 5 TO CENTRAL QUEENSBURY QUAKER
ROAD SEWER DISTRICT
RESOLUTION NO. 254, 1999
INTRODUCED BY: Mr.. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Richard Merrill
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. 5, and
WHEREAS, Everest Enterprises, LLC (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 Haanen Jenkin &
Hutchins, LLC, engineers licensed by the State of New York regarding the proposed
extension to the existing Central Queensbury Quaker Road Sewer District to serve the
Ponderosa Restaurant and an 80 unit Sleep Inn Hotel to be constructed by the Developer
located along Route 9 just north of the Ponderosa Restaurant, Queensbury, such area
consisting of parcels bearing Tax Map No.’s: 71-2-2 and 71-2-14.2 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 an Environmental Assessment Form has been prepared and
presented at this meeting and a coordinated SEQRA review is desired,
NOW, THEREFORE, IT IS
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
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Sewer District previously described in this Resolution and to be known as the Central
Queensbury Quaker Road Sewer District Extension No. 5.
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 in the Town of Queensbury, Warren
County, New York, lying along the easterly side of NYS Route 9 and southerly of
Sweet Road and being further bounded and described as follows:
Beginning at a point in the easterly line of NYS Route 9 at the division line of lands
N/F of V.W. Weeks (occupied by Gambles Bakery) to the north and lands of D&C
Management Associates, Inc. to the south and runs thence along said division line
S87°-36’’-30”E 234.86’ to a point in the easterly line of the aforesaid V.W.
Weeks, thence along said easterly line N06°-58’-30”W 100.0’ to a point in the
southerly line of Sweet Road; thence along said southerly line S87°-36’-30”E
75.70’ to a point in the westerly line of lands N/F of George and Donald Weeks;
thence along said westerly line S06°-51’-00”E 200.0’ to a point in the southerly
line of the aforesaid George and Donald Weeks; thence along said southerly line
S87°-36’-30”E 208.0’ to a point in the westerly line of Montray Road; thence
along said westerly and northerly lines of Montray Road the following five courses
S06°-51’-00”E 153.80’ to a point; thence S06°-08’-30”E 305.43’ to a point of
curvature; thence on a curve to the right of radius 204.90’, a distance of 156.70’ to
a point of compound curvature; thence continuing on a curve to the right of radius
315.0’ a distance of 321.94’ to a point of tangency and N83°-46’-00”W 84.70’ of
D’Angelo; thence along said easterly and northerly line of said D’Angelo the
following two courses N06°-14’-00”E 250.0’ to a point and N83°-46’-00”W
217.80’ to a point in the easterly line of NYS Route 9; thence along said easterly
line the following three courses N08°-22’-10”E 176.10’ to a point; thence N01°-
13’-00”E 266.58’ to a point and N06°-20’-30”W 123.93’ to the point or place of
beginning, containing 8.85± acres of land.
ALL THAT TRACT, PIECE OR PARCEL OF LAND, situate in the Town of
Queensbury, Warren County, New York, lying along the easterly side of NYS
Route No. 9, southerly of Sweet Road and being further bounded and described as
follows:
Beginning at a point in the easterly line of NYS Route No. 9 at the division line of
lands N/F of V.W. Weeks (occupied by “Gambles Bakery”) to the north and lands
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of D&C Management to the south, and runs thence easterly along said division line
S87°-36’-30”E, 234.86’ to a point in the easterly line of the aforesaid V.W. Weeks;
thence along said easterly line N06°-58’-30”W, 100.0’ to point in the southerly line
of Sweet Road; thence along said southerly line S87°-36’-30”E, 75.70’ to a point
in the westerly line of lands N/F George Weeks and Donald Weeks; thence along
said westerly line S-06°-51’-00”E, 200.0’ to a point of intersection of the southerly
line of the aforementioned George Weeks and Donald Weeks; thence continuing
southerly through lands of D&C Management S06°-51’-00”E, 285.0’ to a point in
the northerly line of the Ponderosa Restaurant; thence along said northerly line
N83°-46’-00”W, 349.34’ to a point in the easterly line of NYS Route No. 9;
thence along said easterly line the following two courses N01°-13’-00”E, 234.19’
to a point and N06°-20’-30”W, 123.93’ to the point or place of beginning,
containing 2.90± acres of land.
The above described parcel is subject to two easements along the southerly line of
the above described parcel.
Easement Along Southerly Line of Lot No. 1
Beginning at a point in the easterly line of NYS Route No. 9 where it is intersected
by the northerly line of the Ponderosa Restaurant parcel and runs thence along the
easterly line of NYS Route No. 9 N01°-13’-00”E, 15.06’ to a point; thence
easterly and southerly through lands previously described (2.90± acres), S83°-46’-
00”E, 347.17’ to a point and S06°-51’-00”E, 15.40’ to a point in the northerly line
of the Ponderosa Restaurant parcel; thence along said northerly line N83°-46’-
00”W, 349.34’ to the point or place of beginning. Being a 15’ wide easement
entirely within Lot #1 Parcel.
A 30 x 30 Easement to the Town of Queensbury
Beginning at a point in the easterly line of NYS Route No. 9, said point being
distant the following two courses from the division line of lands N/F of V.W.
Weeks to the north (occupied by “Gambles Bakery”) and lands of D&C
Management to the south S06°-20’-30”E, 123.93’ to a point and S01°-13’-00”W,
211.66’ to the point of beginning and runs thence the following three (3) courses
through lands of the aforesaid Kapoor S83°-46’-00”E, 30.0’ to a point; thence
S01°-13’-00”W, 30.12’ to a point; thence N83°-46’-00”W to a point in the
easterly line of NYS Route No. 9, thence along said easterly line N01°-13’-00”E,
30.12’ to the point or place of beginning, containing 0.026± acres of land.
3. The proposed improvements shall consist of the purchase and installation
of an 8” gravity sewer crossing to an existing manhole located directly across Route 9. A
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new additional manhole will be installed on the east side of Route 9 at the terminus of the
8” gravity sewer which crosses the highway. The 8” gravity sewer and new manhole will
be constructed in accordance with Queensbury standards for dedication to the Town upon
completion. An additional 8” gravity sewer and new manhole will be constructed along the
south boundary of parcel 71-2-2 as more specifically set forth in the Map, Plan and Report
prepared by Haanen Jenkin & Hutchins, LLC 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 these improvements
will be approximately $37,500, plus a one time buy-in fee estimated to be $1.35 per gallon
of average daily flow, which in this case would be $5,400. 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. 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.
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6. The estimated cost of hook-up fees to the typical property will be $0.
There are no one or two family homes in the extension, so their hook-up cost would be
$0.00. The estimated annual cost of the extension to the properties will be $7,848 and
approximately $10,410 for sewer rents; the total estimated annual cost is $18,258. Since
there are none, the 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: only a Ponderosa
Restaurant and a proposed Sleep Inn Hotel.
7. 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.
8. 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.
9. 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
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Monday, August 16, 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
authorized by law.
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10. 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.
11. 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.
12. 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.
13. 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
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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.
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Duly adopted this 2 day of August, 1999, by the following vote:
AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne
NOES: Noes
ABSENT:Noes
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 Queensbury held on the 2nd day of
August 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 3rd day of August, 1999.
SEAL
SIGNED:_______________________________________
Karen A. O’Brien
Deputy Town Clerk-Queensbury
Dated: August 7th, 1999
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