088.2024 Order setting PH - Sewer Dist Ext No 7 to sserve 575 Bay Road Property ORDER SETTING PUBLIC HEARING REGARDING PROPOSED
EXTENSION #7 TO GREATER QUEENSBURY CONSOLIDATED
SANITARY SEWER DISTRICT TO SERVE 575 BAY ROAD PROPERTY
RESOLUTION NO.: 88,2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
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 47 (Extension 47) to serve 575 Bay Road in the Town of Queensbury, New York, such
property consisting of two recently merged parcels (Tax Map Nos: 296.7-1-2 and 3) referred to
as the "Property" on which Property a 76 unit apartment style multi-family building and
associated work project including the sewer construction project/Extension 47 (Project) is
proposed to be constructed by Schermerhorn Properties, LLC (Developer) in accordance with
New York Town Law Article 12-A, and
WHEREAS, a Map, Plan and Report issued April 24, 2023 and revised February 15, 2024
has been prepared by Environmental Design Partnership, LLP (Map, Plan and Report) concerning
proposed Extension 47 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 47, 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 October 24th, 2023, the Town Planning Board, as Lead Agency, reviewed
and conducted a State Environmental Quality Review Act (SEQRA) Review of the Project
referred to as Planning Board Site Plan 61-2023 and Freshwater Wetlands 11-2023 Schermerhorn
Construction, LLC, such Project being an Unlisted Action and granted a Negative Declaration,
and
WHEREAS, subsequently it was discovered that a variance will be required from the
Town's Zoning Board of Appeals and on February 20th, 2024, the Town Planning Board
considered the new information and the details requesting the variance and, after due
consideration, readopted its Negative Declaration, and
NOW, THEREFORE, IT IS HEREBY
ORDERED:
1. The boundaries of the proposed Extension 47 are as set forth in the Map, Plan and
Report and as follows:
SEWER SERVICE DISTRICT OVER ALL THOSE CERTAIN TRACTS, PIECES OR
PARCELS OF LAND SITUATE in the Town of Queensbury, County of Warren, State of New
York, lying along the westerly line of Bay Road (County Road No. 7) and being further bounded
and described as follows:
Beginning at the point of intersection of the westerly line of said Bay Road with the common
division line of SBL4296.11-1-45 generally to the south and SBL#296.7-1-2 generally to the
north;
Thence along said common division line, in a general westerly direction to the easterly line of
SBL4296.7-1-18;
Thence along the common division line of said SBL4296.7-1-18 generally to the west and said
SBL#296.7-1-2 generally to the east, in a general northerly direction to the point of intersection
of said common division line with the southerly line of SBL4296.7-1-4;
Thence along the common division line of said SBL4296.7-1-4 generally to the north and said
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SBL#296.7-1-2 and SBL#296.7-1-3 generally to the south, in a general easterly direction to the
point of intersection of said common division line with the aforesaid westerly line of Bay Road;
Thence along said westerly line of Bay Road, in a general southerly direction to the point or place
of beginning.
The above described Sewer Service District Extension is intended to include all of those parcels as
contained within the above described area as shown on the Warren County Real Property Tax
Map in the Town of Queensbury, NY and is not intended for the conveyance of Real Property.
2. The proposed Project along Bay Road will include two (2) duplex grinder pump
stations that will serve the proposed building. These grinder pumps will discharge to
approximately 750 linear feet (LF) of 1.5" PE low pressure force main that will convey the flows
to the existing gravity main along the western side of Bay Road. The proposed tie-in to the
existing gravity main along Bay Road will be made using a pre-cast cut in manhole located
adjacent to the site entrance.
3. The estimated construction cost associated with the proposed Sanitary Sewer
District Extension 47 is estimated to be approximately $187,612 to be paid for by Developer;
therefore, the Town will incur no construction and/or capital costs associated with this Extension
47. The total one-time cost of hook-up and permit fees is estimated to be $42,862.24. 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 47.
4. The estimated annual cost of the Extension 47 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 47 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 annual water usage of 6.29
million gallons per year and an existing operation and maintenance rate of $5.50 per 1,000
gallons, the use fee would be approximately $34,633 per year. Once accepted into the Greater
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Queensbury Consolidated Sanitary Sewer District, users are changed a Benefit Tax which is
currently $21.9115 per unit. Each residential parcel with apartments has a property class of B 1
with a Benefit Tax Unit of 1.0 per apartment unit. The property proposed to be added to the
GQCSD will contain 76 apartment units and has a property class of B l. Therefore, the total
benefits tax units are 76. With an annual Benefit Tax of $29.21 per unit, the total annual
recurring costs for the property would be $36,298.66 for the merged lot.
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. Developer will provide to the Planning Board the Deed of merger and real
property forms in the form they shall require and shall provide proof of recording prior to hooking
up to the Town's system.
6. A detailed explanation of how the estimated costs of the Extension 47 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, as Lead Agency, conducted SEQRA review of this
Unlisted Action and granted a Negative Declaration on October 24, 2023. Since then, it was
discovered that a variance by the Town Zoning Board of Appeals is required. The Town Planning
Board considered the impact of this and again conducted SEQRA review of this Project including
sewer construction at its February 20th, 2024 meeting and after due consideration, readopted its
Negative Declaration.
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, March 18th, 2024 to consider the
Map, Plan and Report and to hear all persons interested in the proposal and to take such other
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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 26t'day of February, 2024,by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon
NOES None
ABSENT: None
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