3.07 NOA NOTICE OF ADOPTION
At a Regular Meeting of the Town Board of the Town of Queensbury held on
June 5rh, 2023 at the Queensbury Center, Town of Queensbury, 742 Bay Road,
Queensbury, New York, the following was adopted:
ORDER SETTING PUBLIC HEARING REGARDING PROPOSED
EXTENSION #5 TO GREATER QUEENSBURY CONSOLIDATED
SANITARY SEWER DISTRICT TO SERVE WALKER RIDGE
APARTMENTS PROPOSED BY SCHERMERHORN PROPERTIES, LLC
RESOLUTION NO.: 12023
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Town of Queensbury wishes to consider an extension of its Greater
Queensbury Consolidated Sanitary Sewer District to be known as Sanitary Sewer District
Extension 45 (Extension 45) to serve the Walker Ridge Apartments Project to consist of two 20-
unit apartment buildings and associated work including the sewer construction project/Extension
45 (Project) proposed to be constructed by Schermerhorn Properties, LLC (Developer) at the end
of Walker Lane in the Town of Queensbury, New York (Tax Map Nos: 296.11-1-5.23, 24 and 25
— to be combined with Schermerhorn Cottage Hill, LLC parcel Tax Map No.: 296.15-1-2)
referred to as the "Property" in accordance with New York Town Law Article 12-A, and
WHEREAS, a Map, Plan and Report has been prepared by Hutchins Engineering, PLLC
(Map, Plan and Report) concerning proposed Extension 45 to connect the proposed Property to
the existing Greater Queensbury Consolidated Sanitary Sewer District 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
Extension 45, a general plan of the proposed system, a report of the proposed method of
operation, all outlets and the terminus and course of each proposed main sewer or drain together
with the location and a general description of all sewage disposal plants, pumping stations and
other public works, if any, and is consistent with, so far as possible, any comprehensive plan for
sewers developed and maintained pursuant to General Municipal Law §99-f, and
WHEREAS, on May 16th, 2023, the Town Planning Board, as Lead Agency, is scheduled
to review and conduct a State Environmental Quality Review Act (SEQRA) Review of the
Project referred to as Planning Board Site Plan 24-2023 Schermerhorn Properties, LLC, such
Project being an Unlisted Action and no action will be considered to be taken with respect to this
Extension 45 until the Town Planning Board has completed its SEQRA Review,
NOW, THEREFORE, IT IS HEREBY
ORDERED:
1. The boundaries of the proposed Extension 45 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 northerly bounds of Walker Lane, said point marking the southwest
corner of lands as conveyed to Schermerhom Warren I by deed book 5257 at page 313; thence running in a
westerly direction, along the northerly bounds of Walker Lane, South 78 degrees, 55 minutes, and 50
seconds West, a distance of 346.50 feet to a point at the intersection of Walker Lane and Dorlon Drive;
thence continuing in a southerly direction, along the westerly bounds of Dorlon Drive, the following three
courses and distances:
1.) South 11 degrees, 25 minutes, and 34 seconds East, a distance of 34.25 feet to a point; thence
2.) Along a curve to the left, having a radius of 500.00 feet for a distance of 154.44 feet to a point;
thence
3.) South 11 degrees, 02 minutes, and 01 seconds East, a distance of 225.00 feet
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To a point along the southeast corner of the intersection of Baybridge Drive and Dorlon Drive marking a
corner of the lands as conveyed to Queensbury Baybridge HOA by deed book 5012 at page 258; thence
continuing, along the bounds of Queensbury Baybridge HOA and the lands as conveyed to Jeremiah Keeton
by deed book 6049 at page 223, the following eight courses and distances:
1.) South 78 degrees, 57 minutes, and 59 seconds West, a distance of 167.00 feet to a point; thence
2.) South 11 degrees, 02 minutes, and 01 seconds East, a distance of 279.81 feet to a point; thence
3.) South 56 degrees, 02 minutes, and 01 seconds East, a distance of 256.94 feet to a point; thence
4.) South 11 degrees, 02 minutes, and 01 seconds East, a distance of 133.28 feet to a point; thence
5.) North 80 degrees, 29 minutes, and 10 seconds East, a distance of 231.32 feet to a point; thence
6.) South 09 degrees, 30 minutes, and 51 seconds East, a distance of 636.82 feet to a point; thence
7.) South 80 degrees, 29 minutes, and 09 seconds West, a distance of 938.46 feet to a point; thence
8.) North 09 degrees, 30 minutes, and 51 seconds West, a distance of 232.10 feet
To a four inch concrete monument marking the southeast corner of the lands as conveyed to William L. and
Rosemary Loomis by deed book 296.15 at page 182; thence continuing in a northerly direction, along the
easterly bounds of Loomis and eleven other properties with frontage on Country Club Road, North 01
degrees, 19 minutes, and 05 seconds West, a distance of 1377.35 feet to a four inch concrete monument
along the southerly bounds of the lands as conveyed to Paul and Maria Kruger by deed book 3401 at page
147; thence continuing, along the bounds of Kruger and the lands as conveyed to Sarah Elizabeth Gray by
deed book 6180 at page 119, the following five courses and distances:
1.) North 78 degrees, 57 minutes, and 59 seconds East, a distance of 130.00 feet to a point; thence
2.) North 05 degrees, 37 minutes, and 06 seconds West, a distance of 90.00 feet to a point; thence
3.) North 56 degrees, 59 minutes, and 16 seconds West, a distance of 187.89 feet to a point; thence
4.) South 83 degrees, 11 minutes, and 24 seconds West, a distance of 44.53 feet to a point; thence
5.) North 04 degrees, 38 minutes, and 06 seconds West, a distance of 342.55 feet
To a point marking the northeast corner of Gray, being found along the southerly bounds of the lands as
conveyed to Ashish Patel by deed book 6344 at page 95; thence continuing, along the southerly bounds of
Patel and the lands as conveyed to Eric J. Troelstra by deed book 5840 at page 305, the following two
courses and distances:
1.) North 83 degrees, 23 minutes, and 10 seconds East, a distance of 349.66 feet to a point; thence
2.) North 83 degrees, 01 minutes, and 14 seconds East, a distance of 98.79 feet
To a point along the southerly bounds of Troelstra, marking a corner of the lands as conveyed to
Schermerhorn Warren I by deed book 5257 at page 313; thence continuing, along the bounds of
Schermerhorn Warren I, the following three courses and distances:
1.) South 05 degrees, 27 minutes, and 24 seconds East, a distance of 25.08 feet to a point; thence
2.) North 83 degrees, 00 minutes, and 06 seconds East, a distance of 401.25 feet to a point; thence
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3.) South 10 degrees, 48 minutes, and 22 seconds East, a distance of 442.32 feet to a point marking
the place and point of beginning, containing 32.82 acres of land to be the same more or less.
Bearings given in the above description refer to Grid North.
SUBJECT to easements of record.
2. The existing Schermerhorn Cottage Hill, LLC parcel currently has a series of
sanitary sewer manholes connected to the existing apartments and flows into a privately
maintained sewer pump station which discharges into the Greater Queensbury Consolidated
Sewer District. The proposed improvements of the proposed Extension 45 consists of extending
the existing gravity sewer from an existing sanitary sewer manhole to the southwest of the new
parcel to the proposed apartment complex. The proposed apartment complex will have 6" PVC
sewer laterals from each building discharging into a new sewer manhole which will have an 8"
PVC gravity sewer connected to the existing manhole in the Schermerhorn Cottage Hill, LLC
parcel.
3. The facilities for this Sanitary Sewer District Extension 45 to be constructed and
capital costs associated with this Extension 45 are estimated to be approximately $40,100 to be
paid for by Developer; therefore, the Town will incur no construction and/or capital costs
associated with this Extension 45. The total one-time cost of hook-up and permit fees is
estimated to be $22,781. Developer will be required to maintain all of its sewer infrastructure to
the point of connection to the existing sewer main. No dedication of infrastructure will be
necessary for this Extension 45.
4. The estimated annual cost of the Extension 45 to the developed Property would be
calculated as detailed in the Map, Plan and Report filed in the Town Clerk's Office and also
available on the Town of Queensbury Website: www.queensbury.net. There is no "typical
property" which is a one or two family home in such proposed District as the one commercial
lot/subject Property is the only Property in this Extension 45 and the "typical property." The cost
of operation and maintenance would include the costs to operate, maintain, and supply the sewer
system and is reflected in sewer rent charges. Based on an estimated daily usage of 8,800 gallons
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per day and an existing operation and maintenance rate of$5.50 per 1,000 gallons, the quarterly
use fee would be approximately $4,356 per quarter or $17,424 per year. The Town also imposes
a property's share of the Greater Queensbury Consolidated Sanitary Sewer District's debt service
using a Benefit Tax which is currently $23.25 per unit. The developed parcel would be
designated Class A/B1, residential apartments and assessed three (3) units per acre. An additional
component to the Benefit Tax is the apartment multiplier component which is assessed at a rate of
one (1) unit per apartment. Based upon a total lot size of 5.72 acres and a total of 40 apartments,
the annual benefit based on current fee rates would be 17.16 units (Developed Lot—5.72 acres x
3 units per acre) + 40.00 units (Apartment multiplier 40 Apartments x 1 unit/apartment) for a
total of 57.16 units resulting in an estimated Benefit Tax of $1,328.97. The calculation of
$17,424 annually plus the Benefit Tax of$1,328.97 plus the total one-time cost of hook-up and
permit fees of$22,781 would come to a total initial annual charge of$41,534. The Property is
the only property in this Extension 45 so it is the mode/typical property.
5. Developer will pay all costs of the improvements including the one-time buy-in
cost and Town connection fee, so there will be no financing required by the Town on behalf of the
District or otherwise.
6. A detailed explanation of how the estimated costs of the Extension 45 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 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.
8. The Town Planning Board is presently scheduled to conduct SEQRA review of
this Project including sewer construction at its May 16, 2023 meeting.
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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, June 19th, 2023 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 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.
Duly adopted this 5t'day of June, 2023,by the following vote:
AYES
NOES
ABSENT:
I, Betty Murphy, 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 5t'day of June, 2023
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
6t'day of June, 2023.
SEAL SIGNED:
Betty Murphy
Deputy Town Clerk
Town of Queensbury
PUBLICATION DATE: June 10'h,2023
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