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324.2014 Setting PH - North Queensbury Sewer District No. 1 - Dunham's Bay Area ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED NORTH QUEENSBURY WASTEWATER DISPOSAL DISTRICT NO. 1 TO SERVE THE DUNHAM'S BAY AREA RESOLUTION NO.: 324,2014 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town of Queensbury is considering forming a Wastewater Disposal District to serve 72 properties in the Dunham's Bay area of the Town in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) concerning the proposed Wastewater Disposal District has been prepared by David J. Decker, P.E., 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 Wastewater Disposal District, a general plan of the proposed system, a report of the proposed method of operation, the mode and frequency of collection, conveying, treating and disposing of wastewater or residual wastewater and the mode and frequency of inspections and monitoring; and states that the location of properties requiring construction or replacement of private on-site wastewater disposal systems in the next five years will be determined as part of the services provided by the District, and WHEREAS, establishment of the Wastewater Disposal District is a Type II action under the State Environmental Quality Review Act (SEQRA), so review under SEQRA is not required, NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The properties included in the proposed Wastewater Disposal District are as set forth in the Map, Plan and Report and as follows: Tax Map Number Property Address Owner 239.12-2-1 27 OLD ASSEMBLY PT RD Mason, James 239.1 -1-12 3142 State Route 9L Crooked Tree Point LLC (Handelman) 239.15-1-13 28 HIG14VIEW RD Wait, Jane A. (No dwellings) 239.15-1-14 24 HIG14VIEW RD Dais` Spring Inc. (Wait) 239.15-1-15 14 HIG14VIEW RD Lynch, John 239.1 -1-16 STATE ROUTE 9L, OFF Joshua Rock Corp. (No dwellings) 239.15-1-17 10 HIG14VIEW RD Norton, Charles 239.15-1-18 4 HIG14VIEW RD Jackson, Marci 239.15-1-19 2 HIG14VIEW RD Emmens, Matthew 239.16-1-1 5 GRAY LEDGES DR Catlin, Trustee, Thomas I. 239.16-1-2 7 GRAY LEDGES DR Matthews, Diane H. 239.16-1-3 11 GREY LEDGES DR Ervolina, Salvatore 239.16-1-4 STATE ROUTE 9L Ervolina, Salvatore (No dwellings) 239.16-1-5 5 SIGN POST RD McCarthv, Shawn R. 239.16-1-6 7 SIGN POST RD Faucher, Richard 239.16-1-7 11 SIGN POST RD Loughrey, Michael L. 239.16-1-8 17 SIGN POST RD Wrigley, Douglas 239.16-1-9 13 SIGN POST RD Morehouse, Andrew J. 239.16-1-10 15 SIGN POST RD Landers, Sarah Catlin 239.16-1-11 19 SIGN POST RD Lapham, Bonnie M. 239.16-1-12 21 SIGN POST RD Lennox, Anne 239.16-1-13 27 SIGN POST RD Campbell, Dale 239.16-1-14 23 SIGN POST RD King, Drusilla 239.16-1-15 STATE ROUTE 9L Seitz Trust, Joachim (No dwellings) 239.16-1-16 30 BURNT RIDGE RD Chapuis Associates The (Lempert) 239.16-1-17 26 BURNT RIDGE RD Seitz Trust, Joachim 239.16-1-18 24 BURNT RIDGE RD Green, William 239.16-1-19 20 BURNT RIDGE RD Slote, Lynn 239.16-1-20 16 BURNT RIDGE RD Rapaport, Myron 239.16-1-21 8 BURNT RIDGE RD Simms Trust, Lenton D. 239.16-1-23 26 TALL TIMBERS RD Mastro, Arklev L. 239.16-1-24 STATE ROUTE 9L Mastro, Arkley L. (No dwellings) 239.16-1-25 18 TALL TIMBERS RD Dunton, Robert 2 239.16-1-26 12 TALL TIMBERS RD Brothers, John 239.16-1-27 6 TALL TIMBERS RD Farragut Park, LLC (Della Bella) 239.16-1-30 78 SUNRISE LANE Rapaport, Michael 239.16-1-32 STATE ROUTE 9L Banta, Gang (No dwellings) 239.19-1-2 2 JOSHUA ROCK RD E. Seelve Estate, Abrams (Joshua Rock Corp.) (No dwellings) 239.19-1-4 28 JOSHUA ROCK RD Klinck, Patricia 239.19-1-5 26 JOSHUA ROCK RD Curlev, Kenneth R. 239.19-1-6 24 JOSHUA ROCK RD Baldwin, William 239.19-1-7 14 JOSHUA ROCK RD Williams, Winton H. (Campanella) 239.19-1-8 10 JOSHUA ROCK RD E. Seelve Estate, Branson (Joshua Rock Corp.) 239.19-1-9 12 JOSHUA ROCK RD West, Andrew D. 239.20-1-1 3020 STATE ROUTE 9L Salvador, John (No dwellings) 239.20-1-2 3010 STATE ROUTE 9L Parillo, Frank J. (No dwellings) 239.20-1-4 10 DUN14AMS BAY Dunhams Bav Boat Co. Inc. 239.20-1-5 2970 STATE ROUTE 9L Turcotte, Albert A. 239.20-1-6 STATE ROUTE 9L Banta, Gan..(No dwellings) 239.20-1-7 2966 STATE ROUTE 9L Didio, Joseph 239.20-1-8 2964 STATE ROUTE 9L Strack Living Trust, Eleanor B 239.20-1-9 2962 STATE ROUTE 9L Reith, Mark 239.20-1-10 2960 STATE ROUTE 9L Mitchell, Phillip R. 239.20-1-11 298 STATE ROUTE 9L Bania, Andrew 239.20-1-12 294 STATE ROUTE 9L Holohan, Edward J. 239.20-1-13 292 STATE ROUTE 9L Lombardi, Daniel A. 239.20-1-14 2948 STATE ROUTE 9L Mastin, Thomas J. 239.20-1-15 2940 STATE ROUTE 9L Clemons, Robert R. 239.20-1-16 2938 STATE ROUTE 9L Butkiewicz, Carol D. 239.20-1-17 2936 STATE ROUTE 9L Calogero, William 239.20-1-18 2934 STATE ROUTE 9L Leonelli, Dianne (Eagle) 239.20-1-19 2930 STATE ROUTE 9L Francis, Gregor 239.20-1-20 297 STATE ROUTE 9L Buruchian, Robert 239.20-1-21 2987 STATE ROUTE 9L Banta, Gan 239.20-1-23 2969 STATE ROUTE 9L Banta, Gan 239.20-1-24 2979 STATE ROUTE 9L Schriner, John 252.-1-64 2021 BAY RD Bunting, Herbert 252.-1-65 2036 BAY RD Parillo, Frank 252.-1-74 3009 STATE ROUTE 9L Grav, Robert 252.-1-75.1 2999 STATE ROUTE 9L Swordfish Realtv, LLC (DB Resort) 252.-1-75.3 DUN14AMS BAY Salvador, John 252.-1-91 STATE ROUTE 9L Salvador, John (No dwellings) 2. The proposed Wastewater Disposal District would be established to provide a 3 management structure and plan to ensure the timely inspection of septic systems to detect signs of failure and/or malfunction and to optimize the systems' operating efficiencies through routinely scheduled pump-outs. Specific activities would include: (a) initial inspection of all systems, (b) establishment of a data base of system locations and components using the Town's GIS data base, (c) pump-out of existing septic tank systems once every three years (for non-holding tank systems), (d) annual inspection of systems, (e) education of property owners and temporary (vacation) users of proper septic system use and maintenance, (f) identification of failing or substandard systems that may be candidates for consolidation into community systems, (g) requirement of inspection/certification as a condition of realty transfer and (h) consideration of the feasibility and benefits to establishing an"approved installer/contractor" list. 3. There are no capital improvements proposed in connection with the Wastewater Disposal District, so there is no proposed method of financing and there will be no debt service costs related to the District. 4. The estimated annual cost of the Wastewater Disposal District to the typical property in the District, which has been determined to be a non-vacant property, would be approximately $70.33 for the first year, increasing annually to approximately $141.10 in the tenth year. The Town has obtained grant funding from the New York State Department of Environmental Conservation to assist in the initial District formation and to provide a 50% subsidy of the cost of a septic tank pump-out for the typical property for the first ten years of District operation. Although it would be the intention of the Town to seek additional grant funding to support continued operation of the District, no assurances can be provided that such grant funding would be obtained. If no additional grant funding is received, it is estimated that the annual cost to the typical property in the District would increase to approximately $202.22. In addition, the Town will for the first year and until changed charge $30 each year for each vacant lot. 5. 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 4 is available for public inspection. 6. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York, at 7:00 p.m., on Monday, September 22, 2014 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. 7. 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, and to mail copies of this Order to each property owner in the proposed District. Duly adopted this 8 h day of September 2014, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Irish 5