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252.2011Glen Lk. Dist. ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT RESOLUTION NO.: 252, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Aquatic Vegetation of Glen Lake Survey Report prepared by Allied Biological identified invasive species in the Lake with major concern focused on Eurasian water milfoil and Curly-leaf Pondweed, and WHEREAS, the Queensbury Town Board (the "Board") is considering forming the Glen Lake Aquatic Plant Growth Control District (the "District") in accordance with Article 12-A of New York Town Law for the purpose of controlling milfoil and other non-native, invasive aquatic plant species in Glen Lake, and WHEREAS, the Glen Lake Protective Association, on behalf of its members, requested that the Town Board form such a District, and WHEREAS, the Town Board adopted Resolution No.: 411,2010 authorizing the preparation of a Map, Plan and Report for the purpose of analyzing the formation of the District, and WHEREAS, a Map, Plan and Report (the “Map, Plan and Report”) has been prepared by VISION Engineering, LLC, concerning the proposed District, 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 describes the boundaries of the proposed District, the proposed aquatic plant control plan and method of operation, the maximum amount proposed to be expended for the plan, and the cost of the proposed District to the typical property and, if different, the typical one or two family home, and the proposed method of financing to be employed, if any, and WHEREAS, establishment of the proposed District has been determined to be an Unlisted Action under the State Environmental Quality Review Act (SEQRA) and a SEQRA Short Environmental Assessment Form (EAF) has been prepared for the proposed District; NOW, THEREFORE, IT IS HEREBY ORDERED: 1.The boundaries of the proposed Water District are as set forth in the Map, Plan and Report and as follows: All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows: BEGINNING at a point in the southerly or easterly shore of the Glen Lake outlet at the northwesterly corner of the lands of Daniel Brown being tax map parcel 289.7-1-41; thence running along said lands of Brown in an easterly, southeasterly and southwesterly direction to the most northeasterly corner of tax map parcel 289.7-1-43 owned by Stephen A. Loschiavo; thence running southeasterly along the easterly bounds of said tax map parcel 289.7-1-43 and along a portion of the easterly bounds of 289.7-1- 44 to the northwesterly corner of parcel 289.7-1-51; thence running easterly along the northerly bounds thereof to the northeasterly corner thereof and also on the westerly bounds of Tee Hill Road; thence running southerly along the westerly bounds of Tee Hill Road, crossing Reardon Road and continuing to the southeast corner of parcel 289.7-1-6; thence running in a southwesterly direction along the southerly bounds of parcel 289.7-1- 6, parcel 289.7-1-7, and a portion of parcel 289.7-1-8 to the northeast corner of parcel 289.7-1-31; thence running southerly along the easterly bounds of said parcel 289.7-1-31 and the easterly bounds of parcel 289.7-1-10, along the easterly bounds of parcel 289.7-1- 11 and the easterly bounds of parcel 289.7-1-12 to the southeasterly corner thereof; thence running southwesterly along a portion of the southerly bounds thereof to the northeast corner of parcel 289.11-1-39; thence running along the easterly and southerly bounds of said parcel 289.11-1-39 to the southwesterly corner thereof in the easterly 2 bounds of Reardon Road; thence running southerly along the southeasterly bounds of said Reardon Road to the most northerly corner of parcel 289.11-1-36; thence running southeasterly and southwesterly along the outer bounds of said parcel 289.11-1-36 to the southwesterly corner thereof in the easterly bounds of said Reardon Road Extension; thence crossing said road running northwesterly to the southeasterly corner of parcel 289.11-1-36; thence running along the southerly bounds thereof to the southwesterly corner of parcel 289.11-1-36 at or near the northeasterly corner of parcel 289.11-1-33; thence running southerly along the easterly bounds of parcel 289.11-1-33, parcel 289.11- 1-29, parcel 289.11-1-28, parcel 289.11-1-27, parcel 289.11-1-26, parcel 289.11-1-25, parcel 289.11-1-24 and a portion of parcel 289.11-1-23 to the northwesterly corner of parcel 289.11-1-59.311; thence running easterly along the northerly bounds of said parcel 289.11-1-59.311 to the northeasterly corner thereof in the westerly bounds of Barber Road; thence running southerly along Barber Road to the southeasterly corner of parcel 289.11-1-12.2; thence running westerly along the southerly bounds thereof to the southwesterly corner thereof in the easterly bounds of parcel 289.11-1-13; thence running southerly along the easterly bounds thereof to the southeasterly corner thereof; thence running westerly along the southerly bounds thereof to the northeasterly corner of parcel 289.11-1-9; thence running southerly along the easterly bounds thereof to Barber Road; thence running westerly along Barber Road to the northwesterly end thereof; thence southerly along the westerly end thereof to the southwesterly corner thereof; thence running easterly along said Barber Road to the northwesterly corner of parcel 289.11-1-1; thence running easterly and southerly along the bounds of said parcel 289.11-1-1 to the southeasterly corner thereof and the northwesterly bounds of parcel 289.15-1-42; thence running easterly to the northeasterly corner thereof; thence running southerly or southwesterly along the southeasterly bounds thereof to the most southerly corner thereof; thence running northerly along the southwesterly bounds thereof a short distance to the northeasterly corner of parcel 289.14-1-27.2; thence running southwesterly along the southeasterly bounds thereof the most southerly corner hereof, at the northeasterly corner of parcel 289.14-1-21; thence running southeasterly and than southwesterly along the bounds of said parcel 289.14-1-21 to the most southerly corner thereof; thence running northwesterly along the southwesterly bounds thereof a short distance to the southeasterly corner of parcel 289.14-1-12; thence running southwesterly along the southerly bounds thereof a short distance to the northeasterly corner of 289.14-1-30.2 at or about the northerly end of Fitzgerald Road; thence running southwesterly along the northwesterly bounds of said Fitzgerald Road to the intersection of Mannis Road at the southeasterly corner of parcel of 289.18-1-12; thence running southwesterly and westerly along Mannis Road to the southeasterly corner of parcel 289.18-1-7; thence running westerly and southwesterly along the southerly bounds of parcel 289.18-1-7, parcel 289.18-1-6, parcel 289.18-1-4, parcel 289.18-1-1, parcel 289.17-1-49, parcel 289.17-1-48 to the most southerly corner of said parcel; thence running southeasterly along the southeasterly bounds of parcel 289.17-1-47, parcel 289.17-1-46, parcel 289.17-1-45, parcel 289.17-1- 44, parcel 289.17-1-43 to the southeasterly corner thereof; thence running northwesterly along the southwesterly bounds thereof to the northeasterly corner of parcel 289.17-1-42; thence running southerly along the easterly bounds thereof to the southeasterly corner thereof; thence running northwesterly along the southerly bounds thereof to the most 3 easterly corner of parcel 289.17-1-41; thence running southwesterly along the southeasterly bounds thereof to the corner of parcel 289.17-1-40; thence running southerly along the easterly bounds thereof and along the easterly bounds of parcel 289.17-1-51 to the southeasterly corner thereof; thence running westerly along the southerly bounds thereof a short distance to the northeasterly corner of parcel 289.17-1- 52; thence running southerly and westerly along said parcel 289.17-1-52 and along the southerly bounds of parcel 289.17-1-53 to a point in the northeasterly bounds of Niagara Mohawk Power Corporation or National Grid; thence running northerly, southwesterly along said lands to a point in the easterly bounds thereof at the most southerly corner of parcel 289.17-1-1.2; thence running northerly still along the easterly bounds of said lands of Niagara Mohawk Power Corporation and along the southwesterly bounds of parcel 289.17-1-1.2, crossing Birdsall Road and along the southwesterly bounds of parcel 289.17-1-1.5 to a point in the westerly bounds thereof; thence leaving lands of Niagara Mohawk Power Corporation running in a northeasterly and easterly direction along the northerly bounds of parcel 289.17-1-1.5 to the most southwesterly corner or southerly corner of parcel 289.17-1-24; thence running northerly along the westerly bounds of said parcels 289.17-1-24, parcel 289.17-1-23, parcel 289.17-1-22, parcel 289.17-1-20 to a point in the easterly bounds of said lands of Niagara Mohawk Power Corporation; thence running northerly along the easterly bounds thereof and the westerly bounds of parcel 289.17-1-18 and crossing the inlet to Glen Lake and continuing along the westerly bounds parcel 289.17-1-18 to a point in the southerly bounds of Ash Drive at the northwesterly corner of said parcel 289.17-1-18; thence running easterly along Ash Drive to the northeasterly corner of parcel 289.17-1-18; thence running northeasterly crossing said Ash Drive to the most southwesterly corner of parcel 289.17-1-3 and the most southerly corner of lands of Warren County; thence running northerly along the easterly bounds of said lands of Warren County to a point in the southerly bounds of Glen Lake Road at the northwesterly corner of parcel 289.13-1-38; thence running easterly along the southerly bounds of Glen Lake Road to its intersection with Birch Road; thence running southerly along the westerly or southwesterly bounds of Birch Road to the most southwesterly corner thereof in the northerly bounds of parcel 289.13-1-31; thence running across the southerly bounds of said Birch Road to the southeasterly corner thereof being also the northeasterly corner of parcel 289.13-1-31; thence running northerly along the easterly bounds of Birch Road to the northwesterly corner of parcel 289.13-1-24; thence running easterly along the northerly bounds thereof to the southwesterly corner of parcel 289.13- 1-23; thence running northwesterly along the westerly bounds of said parcel 289.13-1-23 and parcel 289.13-1-22 to a point in the southerly bounds of parcel 289.13-1-20; thence running southwesterly along the southerly bounds thereof to the easterly bounds of said Birch Road; thence running northerly along the easterly bounds thereof to the northwesterly corner of parcel 289.13-1-18; thence running northeasterly along the northerly bounds thereof to the northeasterly corner thereof at the southwesterly corner of parcel 289.13-1-17; thence running northerly along the westerly bounds of said parcel 289.13-1-17 and parcel 289.13-1-16 to the northwesterly corner thereof in the southerly bounds of parcel 289.13-1-14; thence southwesterly along the southerly bounds thereof to the most southwesterly corner thereof; thence running northwesterly along the westerly bounds thereof to the northwesterly corner of parcel 289.13-1-14 in the southerly bounds 4 of Chestnut Road; thence running easterly and northerly along said Chestnut Road to a point in the westerly bounds of parcel 289.13-1-4 which is also in the southeasterly bounds of Glen Lake Road; thence running northerly and northeasterly along Glen Lake Road to the most northerly corner of parcel 289.9-1-81 in the southwesterly bounds of parcel 289.9-1-80; thence running northwesterly along the westerly bounds thereof crossing Glen Lake Road and along the westerly bounds of 289.9-1-80 to the northwesterly corner thereof; thence running northeasterly along said parcel 289.9-1-80 to the northeasterly corner thereof, than crossing Glen Lake Road to the southwesterly corner of parcel 289.9-1-71; thence running northerly and easterly along Glen Lake Road to the northeasterly corner of parcel 289.10-1-46; thence running southwesterly along the southeasterly bounds thereof to the most northerly corner of parcel 289.10-1-52.2; thence running easterly along the northeasterly bounds of said parcel and along the northeasterly bounds of parcel 289.10-1-52.1 and the northeasterly bounds of parcel 289.10-1-51 and the northeasterly bounds of parcel 289.10-1-50 to the northeasterly corner thereof; thence running southwesterly along the southeasterly bounds thereof to the northwest corner of parcel 289.10-1-49; thence running southeasterly along the northeasterly bounds of parcel 289.10-1-49 and the northeasterly bounds of parcel 289.10-1-48 to the northwest corner of parcel 289.10-1-42; thence running northeasterly and southeasterly along the northerly and northeasterly bounds of said parcel to the northwesterly corner of parcel 289.10-1-41; thence running easterly along the northerly bounds thereof to the northeasterly corner thereof; thence running southerly along the easterly bounds thereof to the northwesterly corner of parcel 289.10-1-39; thence running easterly along the northerly bounds thereof to a point in the westerly bounds of parcel 289.10-1-38; thence running northerly along the westerly bounds thereof to the northwesterly corner thereof; thence running northeasterly along the northerly bounds of parcel 289.10-1-38 and along the northerly bounds of parcel 289.10-1-37 and to the northeasterly corner of said parcel 289.10-1-37 in the northwesterly corner of parcel 289.10-1-33; thence running northeasterly and northerly along the bounds of said 289.10-1-36 to a point in the southerly bounds of Glen Lake Road; thence running southeasterly along the southwesterly bounds of said Glen Lake Road to the northeasterly corner of parcel 289.10-1-36; thence running southerly along the easterly bounds thereof and along a portion of the easterly bounds of parcel 289.10-1-35 to the northwesterly corner of parcel 289.10-1-33; thence running easterly along the northerly bounds of parcel 289.10-1-33, parcel 289.10-1-32, parcel 289.10-1- 31, parcel 289.10-1-29, parcel 289.10-1-28, parcel 289.10-1-26 to the northeasterly corner thereof; thence southwesterly along the southeasterly bounds thereof to an angle point in parcel 289.10-1-25; thence running southeasterly, northeasterly, easterly and northerly along said parcel 289.10-1-25 and along parcel 289.10-1-23 to the point in the southwesterly bounds of Jay Road; thence running southeasterly along said Jay Road to a point therein at the intersection with Jay right of way; thence running southerly along the westerly bounds of said Jay right of way to the southwesterly corner thereof, being a point in the northwesterly bounds of parcel 289.10-1-20; thence running northeasterly along the southerly bounds of said Jay right of way to the southeasterly corner thereof; thence running northerly along the easterly bounds thereof, being the westerly bounds of parcel 289.10-1-20, parcel 289.10-1-19, parcel 289.10-1-18, parcel 289.10-1-17 and a short way along parcel 289.10-1-16 to the northwesterly corner of said parcel; thence running 5 northeasterly along the northwesterly bounds of parcel 289.10-1-16 to the northeasterly corner thereof in the westerly bounds of parcel 289.10-1-15; thence running northerly along the westerly bounds of parcel 289.10-1-15 and the westerly bounds of parcel 289.10-1-13 to the northwesterly corner thereof; thence easterly along the northerly bounds thereof to the southwesterly corner of parcel 289.10-1-12; thence running northerly along the westerly bounds of said parcel 289.10-1-12 and the westerly bounds of parcel 289.10-1-10 to the northwesterly corner thereof; thence running easterly along the northerly bounds thereof to the southwesterly corner of parcel 289.10-1-9; thence running northerly along the westerly bounds of parcel 289.10-1-9, parcel 289.10-1-8, parcel 289.10-1-7, parcel 289.10-1-6, parcel 289.10-1-5 to the northwesterly corner thereof in the southerly bounds of 289.6-1-17; thence running westerly along the southerly bounds thereof to the easterly bounds of Glen Lake Road; thence northerly along said Glen Lake Road to an angle point in said parcel 289.6-1-17; thence running easterly and northerly and westerly along said parcel 289.6-1-17 again to Glen Lake Road; thence running along the same in a northerly direction crossing Nacy Road to the northwest corner of parcel 289.6-1-17; thence running easterly along the northerly bounds thereof to the northeasterly corner thereof in the westerly bounds of Nacy Road, then crossing said Nacy Road to the southwest corner of parcel 289.6-1-35; thence running northeasterly along Nacy Road along the westerly or northwesterly bounds of parcel 289.6-1-35, parcel 289.6-1-34, parcel 289.6-1-33, parcel 289.6-1-32 and a portion of parcel 289.6-1-20 to a point therein; thence crossing said Nacy Road and running northwesterly along the southwesterly bounds of parcel 289.6-1-20 to Glen Lake Road; thence running northeasterly along Glen Lake Road to the northeasterly corner of parcel 289.6-1-20; thence running southerly along the easterly bounds thereof and then crossing Nacy Road to a point in the northerly bounds of parcel 289.6-1-31; thence running northeasterly along said Nacy Road along the northerly bounds of parcel 289.6-1-31, parcel 289.6-1-30, parcel 289.6-1-29, parcel 289.6-1-27 to the most northerly corner of said parcel; thence running southeasterly along the northeasterly bounds of said parcel 289.6-1-27 to the northwesterly corner of parcel 289.6-1-26; thence running northeasterly along the northerly bounds of parcel 289.6-1-26 and parcel 289.6-1-25 to a point in the southwesterly bounds of parcel 289.6-1-23; thence running northerly or northwesterly along said bounds of said parcel to Nacy Road; thence running northerly along the southeasterly and easterly bounds of said Nacy Road to the most northerly point of parcel 289.6-1-22 and the northwesterly corner of parcel 289.7-1-64; thence running southeasterly along the northerly bounds thereof to the most easterly corner thereof in the northwesterly bounds of Dineen Road; thence running southwesterly along the southerly bounds of said parcel 289.7-1-64 and along Dineen Road to the most southerly corner of said parcel; thence running southerly crossing Dineen Road and along the bounds of parcel 289.6-1-22 to a point therein for a corner; thence running northerly along said Dineen Road to the most northerly corner of parcel 289.7-1-61; thence running southeasterly along the northerly bounds thereof to the southwesterly or westerly corner of parcel 289.7-1-58; thence running northerly along the westerly bounds thereof to the northwesterly corner thereof in the southerly bounds of Moon Hill Road; thence running easterly along the southerly bounds of Moon Hill Road to the northeasterly corner of parcel 289.7-1-57; thence running southerly along the easterly bounds thereof to the 6 northwesterly corner of parcel 289.7-1-55; thence running easterly, southeasterly, northeasterly, northerly and northwesterly along said parcel again to Moon Hill Road; thence running easterly along Moon Hill Road to the northeasterly corner of said parcel 289.7-1-55; thence running southerly along the easterly bounds thereof to the northerly shore of the outlet of Glen Lake; thence running southerly crossing said outlet to the point and place of beginning, containing 506.00 acres of land and water to the be the same more or less. EXECPTING AND RESERVING that portion of Reardon Road and Reardon Road Extension that lies within the bounds of the above described parcel. EXCEPTING AND RESERVING that portion of Glen Lake Road that lies within the above described parcel. EXCEPTING AND RESERVING any other roads that may lie within the above described parcel. 2. The Town Board will operate and be the governing body for the District and intends to appoint a District Advisory Board to provide recommendations on various matters relating to the District. The proposed aquatic plant control plan consists of a triennial treatment program that includes annual Lake assessment, annual water quality testing, aquatic vegetation surveys, hand harvesting and aquatic herbicide treatment. Hand harvesting will be completed by a contractor hired by the Town and the Town Highway Department will assist in disposal of the removed vegetation at one of the Town’s facilities. The application of aquatic herbicide will also be completed by a contractor hired by the Town. The Town’s contractor will be responsible for obtaining all permits required prior to the application of the aquatic herbicide. Following the aquatic herbicide treatment, a full aquatic survey of the Lake will be performed once sufficient time has elapsed for the herbicide to be effective. The results of this survey, in conjunction with previous observations, will be used to determine areas of primary and secondary concern for treatment the following year. No capital improvements are required for the proposed District. 3. The maximum estimated cost of formation of the proposed District is approximately $18,000 including engineering, survey, legal, and miscellaneous fees. No capital improvement costs are anticipated for the proposed District. The yearly costs associated with operation and maintenance of the District will vary depending on the treatment method scheduled to be utilized that year. These costs, based on a schedule of two years of hand harvesting 7 followed by a year of aquatic pesticide application, will be approximately $21,655 in the first year of the triennial treatment program, $18,755 the second year and $85,905 the third year. The District costs will be amortized over the three year treatment cycle to maintain a District fund balance and relatively equal assessments each year. The Town will contribute 15% of the total annual cost of the proposed District based on the benefit to the Town’s three lakefront parcels, and the remaining cost will be assessed on a benefit basis to each lot. The benefit assessment formula (BAF) has been developed on the basis of a “benefit unit.” The basic benefit unit for the proposed District is a lakefront parcel of land and constitutes the majority of properties in the District. The benefit units will be assessed based upon a 2:1 ratio for lakefront vs. non-lakefront lake access land. 4. No capital improvement costs are anticipated for the proposed District, so there will be no debt service costs related to the proposed District. 5. The estimated annual cost of the District to the typical property in the District, which typical property is a typical one family home, for operation and maintenance and other charges, will be $130 for lakefront parcels and $65 for non-lakefront parcels. However, in the first year of the assessment the costs of formation of the District will be added to the operation and maintenance charges. This will add $54 to the cost for lakefront parcels and $27 for non- lakefront parcels, resulting in a total assessment for the first year of $184 for lakefront parcels and $92 for non-lakefront parcels. 6. A detailed explanation of how the estimated costs of the District 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. 7. The Town Board hereby determines to conduct uncoordinated SEQRA review of the proposed District establishment. 8 8. The Town Board shall meet and hold a public hearing at the Queensbury Activities nd Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, August 22, 2011 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. 9. 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 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 8 day of August, 2011, by the following vote: AYES : Mr. Brewer, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : Mr. Stec ABSENT: None 9