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287.2015 Order Setting PH - Proposed Formation Exit 18 Overlay Water District Ext No ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED FORMATION OF EXIT 18 OVERLAY WATER DISTRICT EXTENSION #50 TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE THREE (3) PROPERTIES IN TOWN OF QUEENSBURY WHERE TOWN WATER SERVICE CURRENTLY EXISTS TO SERVE OR BENEFIT SUCH PROPERTIES RESOLUTION NO.: 287,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Water District to form the Exit 18 Overlay Water District Extension#50 to serve three (3) parcels not within the Water District or wholly within such District, but where Town water service currently exists to serve or benefit such properties in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) concerning the proposed Water District Extension#50 has been prepared by The Chazen Companies, and WHEREAS, water mains and fire hydrants currently exist to serve the three (3) parcels proposed for inclusion in the District and therefore, no new capital improvements are required to serve any of the parcels proposed for inclusion in the 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 Water District Extension #50, a general plan of the proposed system, a report of the proposed method of operation, the source of water supply and distribution system capacity, and WHEREAS, an Environmental Assessment Form (EAF) was submitted with the Map, Plan and Report and Part I of the EAF, and WHEREAS, the Queensbury Town Board wishes to be Lead Agency for purposes of the environmental review required for the project under the State Environmental Quality Review Act (SEQRA), NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The properties listed on Schedule A hereto by their tax map number and parcel addresses shall be added to and included within the Queensbury Consolidated Water District. The boundaries of the proposed Water District Extension #50 are set forth on such Schedule A. Regarding tax map parcel #309.14-1-80, the entire parcel shall be included in the Water District since a portion of such parcel was inadvertently not included in the District. 2. Water infrastructure, water mains and fire hydrants currently exist to serve the additional parcels proposed for inclusion in the District and therefore, no new capital improvements are required to serve any of the parcels proposed for inclusion in the District. 3. The properties within the proposed District Extension are currently serviced by the Queensbury water system and therefore, no additional water treatment plant or distribution system capacity is required. There is no cost to the Town or the District for this District Extension. 4. No new capital improvements are necessary for this service area and therefore, there will be no debt service costs related solely to this District Extension #50. There are no one or two family homes in the proposed District Extension #50; rather, they are commercial 2 properties occupied by two buildings: a Cumberland Farms convenience store/gas station and a Subway restaurant and two vacant parcels. The estimated annual costs to the users within the District Extension #50 are comprised of 1) debt retirement for the Queensbury Consolidated Water District as an annual ad valorem tax based on property assessment; and 2) costs for operation and maintenance of the water treatment plant and water distribution system based on metered water consumption billed quarterly. 5. A detailed explanation of how the estimated costs of the District Extension #50 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. 6. There are no new capital improvements necessary for this service area and therefore, there will be no new financing required by the Town on behalf of the District. 7. There are no needed or proposed improvements and all actions necessary shall be 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 any future approved plans and specifications and under competent engineering supervision. 8. 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, September 14th, 2015 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 Town Water Department to send a copy of the Environmental Assessment Form and a copy of the Map, Plan and Report to all potentially involved agencies, 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 3 project identified in this Resolution, that a coordinated SEQRA review with the Queensbury Town Board as Lead Agency is desired and that a Lead Agency must be agreed upon within 30 days. 11. The Town Board hereby authorizes and directs the Town Water Department to prepare a report identifying any environmental impacts it believes should be considered at the time the SEQRA review is conducted. 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 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 17'h day of August, 2015, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess NOES None ABSENT: None 4 SCHEDULE A Town of Queensbury Water Department Queensbury Consolidated Water District District Extension #50 for the Year 2015 Queensbury Consolidated Water District Extension Properties TAX PARCEL ID OWNER 309.14-1-80 Cumberland Farms, Inc. 309.14-1-82 AREC 10, LLC 309.14-1-89.1 Big Boom Realty, LLC 5