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378.2020 Set PH Proposed Ext. Queensbury Consolidated Water Dist.- Mountain Terrace Estates ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE A PORTION OF MOUNTAIN TERRACE ESTATES SUBDIVISION AND AN OUT-OF-DISTRICT PARCEL RESOLUTION NO.: 378, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Water District (the “Water District”) in accordance with New York Town Law Article 12-A to serve four lots of the proposed six-lot Mountain Terrace Estates Subdivision (the “Subdivision”) and a separate parcel currently receiving Town water under an “Out-of-District Contract” (the “Parcel’), all located on Luzerne Road (the “District Extension”), and WHEREAS, The Environmental Design Partnership, LLP (EDP) has prepared a Map, Plan and Report (Map, Plan and Report) concerning the proposed District Extension to connect the Subdivision to either the existing 16” Water District water main that runs along Luzerne Road or the existing 6” main in Twin Mountain Drive, all 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 District Extension, a general plan of the proposed system, a report of the proposed method of operation, the source of water supply and mode of constructing any proposed District Extension improvements, and WHEREAS, the Town Planning Board has indicted that it wishes to be Lead Agency for review of the Subdivision under the State Environmental Quality Review Act (SEQRA) and will conduct coordinated review with the Town Board as an Involved Agency, NOW, THEREFORE, IT IS HEREBY ORDERED: 1. As a SEQRA Involved Agency, the Town Board hereby consents to the Town Planning Board acting as Lead Agency for SEQRA review of the Subdivision and will not make a decision regarding the proposed District Extension until after the Planning Board has made a SEQRA Determination of Significance for the Subdivision. 2. The boundaries of the proposed District Extension are as set forth in the Map, Plan and Report and as follows: Parcel 1: Beginning at the point of intersection of the westerly line of Twin Mountain Drive and the northerly line of Luzerne Road. Thence from said Point of Beginning, of the hereinafter described Water Service District along said northerly line, in a general westerly direction 420± feet to a point; Thence through Luzerne Road in a general southerly direction, 50± to a point in the southerly line of Luzerne Road; Thence along the easterly, southerly and westerly line of SBL#307.00-1-32.2 the following three (3) courses and distances: 1) In a general southerly direction, 275± to a point; 2) In a general westerly direction, 235± to a point; 3) In a general northerly direction, 275± to a point in the aforesaid southerly line of Luzerne Road; 2 Thence through said Luzerne Road, in a general northerly direction, 50± feet to a point in the aforesaid northerly line of Luzerne Road; Thence along said northerly line, in a general westerly direction, 90± feet to a point; Thence through Proposed Lot 4 of SBL#307.00-1-22 generally following the 545’ contour line, in a general northerly and westerly direction, 600± to a point in the southerly line of said Proposed Lot 4 of SBL#307.00-1-22; Thence along said southerly line in a general westerly direction, 100± to a point in the southeasterly line of Proposed Lot 6; Thence along said southeasterly line, in a general northeasterly direction, 620± feet a point being the southwesterly corner of SBL#307.00-1-24; Thence along the common division line of SBL#307.00-1-24, SBL#308.05-1-9, SBL#308.05-1-8, SBL#308.09-1-9 and SBL#308.09-1-8 to the north, east and south and Proposed Lot 2 and Proposed Lot 1, being pieces or parcels of SBL#307.00-1-22, to the south, west and north the following five (5) courses and distances: 1) In a general easterly direction, 150± feet to a point; 2) In a general southerly direction, 600± feet to a point; 3) In a general westerly direction, 150± feet to a point; 4) In a general southerly direction, 200± feet to a point; 5) In a general easterly direction, 300± feet to a point in the aforesaid westerly line of Twin Mountain Drive; Thence along said westerly line, in a general southerly direction, 210± feet to the point or place of beginning said Water Service District and containing 13± acres of land. The above described Water Service District parcels are intended to include all, or those portions thereof, of those parcels as contained within the above described area as shown on the Warren County Real Property Tax Maps in the Town of Queensbury, NY, and is not intended for the conveyance of Real Property. 3 3. The proposed District Extension will not include any new water supply development such as water mains, wells or new intake structures or the construction of any additional system storage. The proposed Extension will utilize the surplus capacity in the existing system, so that the only improvements will be the connection of the four new residences to either the existing 16” main that runs along Luzerne Road or the existing 6” main in Twin Mountain Drive. All new installations and taps will be coordinated with the Town of Queensbury Water Department. Maintenance of the existing will be provided by the Town of Queensbury Water Department. 4. The Subdivision developer will pay all new capital costs associated with the District Extension so there will be no cost to the Town or the District for the District Extension. 5. As the Subdivision houses have not yet been built, there is no actual “typical property" for purposes of calculating the estimated annual cost of the District Extension, merely estimates based on what may be built. However, the estimated annual cost of the District Extension to the typical property in the District Extension, which typical property is a typical one family home, for operation and maintenance and other charges (assuming an average water usage) ranges from approximately $480 for a Subdivision property assessed at $270,000 to approximately $510 for a Subdivision property assessed at $375,000. The cost for what is expected to be the typical property ($388,700 based on the current assessed value of a developed parcel in the District Extension ) will be approximately $512 for the Parcel. The cost of hook-up fees and constructing a water service connection from the water main to each new structure and the purchase and installation of a water meter will be paid by either the developer or the builders of the house and included in the total cost of each home. 6. A detailed explanation of how the estimated costs of the District Extension were computed is included in the Map, Plan and Report which has been filed with the Queensbury Town Clerk and is available for public inspection. 4 7. The capital improvements necessary for this service area will be provided and paid for by the Subdivision developer and so there will be no financing required by the Town on behalf of the Water District or any debt service costs related to this District Extension to the Water District. 8. The proposed improvements shall be constructed and installed as specifically delineated in the Map, Plan and Report and 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. 9. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, at 7:00 p.m., on Monday, December 7, 2020 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. 10. The Town Board hereby authorizes and directs the Water Department to send copies of the Map, Plan and Report to the New York State Department of Environmental Conservation and the New York State Department of Health, together with all documentation required to be sent, along with a letter indicating that the Town Board will be undertaking consideration of the District Extension identified in this Resolution. 11. The Town Board hereby authorizes and directs the Water Department to prepare a report identifying any environmental impacts it believes should be considered at the time the SEQRA review is conducted by the Town Planning Board and to provide this information to the Planning Board as SEQRA Lead Agency. 12. 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, and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of 5 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. th Duly adopted this 16 day of November, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mrs. Magee 6