296.2018 Setting PH Proposed Consolidated Sewer District to Serve 894 St. Rte 9 ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED
EXTENSION TO QUEENSBURY CONSOLIDATED SANITARY SEWER
DISTRICT TO SERVE 894 STATE ROUTE 9 PROPERTY
RESOLUTION NO.: 296,2018
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated
Sanitary Sewer District to serve property owned by Faden Enterprises and located at 894 NYS
Route 9 in the Town of Queensbury known as Tax Map Parcel No.: 296.17-1-49 (Property) in
accordance with New York Town Law Article 12-A, and
WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by
Lansing Engineering concerning the proposed Sanitary Sewer District Extension to connect the
proposed Property to the existing 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 Sewer
District Extension, 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, the Queensbury Planning Board conducted uncoordinated review for the
proposed demolition of and existing building and construction of a single story multi-tenant
commercial building on the Property (the "Project") under the State Environmental Quality
Review Act (SEQRA), issued a SEQRA Negative Declaration and granted site plan approval for
the Project, and
WHEREAS, extension of the District to serve the Property has been determined to be a
SEQRA Unlisted Action and a SEQRA Short Environmental Assessment Form (EAF) has been
prepared for the proposed District Extension,
NOW, THEREFORE, IT IS HEREBY
ORDERED:
1. The boundaries of the proposed Sewer District Extension 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 easterly bounds of NYS Route
9, Upper Glen Street, said point marking the southwesterly corner of the lands as
conveyed to Everest Enterprises LLC by deed book 2953 at page 292; thence running in
an easterly direction along the southerly bounds of Everest Enterprises LLC, North 81
degrees, 22 minutes and 18 seconds East, a distance of 223.13 feet to a capped iron rod
found in the ground for a corner, said point marking the northwesterly corner of the lands
of the Town of Queensbury by deed book 4722 at page 303; thence running in a
southerly direction along the westerly bounds of the lands of the Town of Queensbury,
South 08 degrees, 37 minutes and 42 seconds East, a distance of 249.99 feet to a capped
iron rod found in the ground for a corner on the northerly bounds of Montray Road, said
point marking the southwesterly corner of the lands as conveyed to the Town of
Queensbury, by deed book 4722 at page 303; thence running in a westerly direction
along the northerly bounds of Montray Road, South 81 degrees, 54 minutes and 04
seconds West, a distance of 208.68 feet to a concrete monument found in the ground for
a corner, said point marking the intersection of the northerly bounds of Montray Road
with the easterly bounds of NYS Route 9; thence running along the easterly bounds of
NYS Route 9, the following two courses and distances:
(1) North 53 degrees, 22 minutes and 20 seconds West, a distance of 36.67 feet to a
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concrete monument found in the ground for a corner;
(2) North 05 degrees, 41 minutes and 59 seconds West, a distance of 222.31 feet to
the place and point of beginning, containing 1.3 acres of land to the same more or
less.
Bearings given in the above description refer to grid North.
SUBJECT to easements of record.
2. The proposed improvements consist of a 6" SDR gravity sanitary sewer lateral to
be used to connect a proposed 11,400 sf commercial building into the existing 8" gravity sanitary
sewer main located along the west side of New York State Route 9.
3. The facilities for this Sanitary Sewer District Extension have already been
constructed and are in place; therefore, there are no capital costs associated with this District
Extension. The service lateral to serve the parcel will be paid for by the Developer.
4. The estimated annual cost of the District Extension to the developed parcel would
be calculated as follows: The parcel would be designated Class F, occupied commercial. Based
upon a total lot size of 1.3 acres and an average water use of 2,640 gallons per day (gpd), the
annual benefit tax based on current fee rates would be $192.20 per unit. For commercial
classification, the current sewer user fee is $7.00 per 1,000 gallons so for this property based on
an actual use rate of 2,640 gpd, the cost would be approximately $6,745 per year. The total
annual charge for sewer district is therefore $6,937.20.
5. The Developer of the Property will pay all costs of the improvements and has
already paid 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 District Extension 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.
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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 Board shall conduct uncoordinated SEQRA review of the proposed
District Extension to serve the Property.
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, August 201h, 2018 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 6ffi day of August, 2018,by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer
NOES: None
ABSENT: None
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