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2.12 2.12 WASTEWATER-SEWER\\Technical Park District Ext #7-Set Hearing-8-19-19 ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED QUEENSBURY TECHNICAL PARK SEWER DISTRICT EXTENSION NO. 7 RESOLUTION NO. _______________________________________________, 2019 INTRODUCED BY: _______________________________________________ WHO MOVED ITS ADOPTION SECONDED BY: _________________________________________________ WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury Technical Park Sewer District (hereinafter the “District”) to be known as the Queensbury Technical Park Sewer District Extension No. 7 (hereinafter the “Sewer District Extension”), and WHEREAS, a Map, Plan and Report has been prepared by Nace Engineering, P.C., engineers licensed by the State of New York regarding the proposed Sewer District Extension to permanently serve a new development of Luzerne Road Duplexes to be constructed by Hayes & Hayes on one (1) parcel bearing tax map identification no.: 309.10-1-97 and located on Luzerne Road as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been accepted and approved by the Town and 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 sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, the Town Board wishes to establish the proposed Sewer District Extension in accordance with Town Law Article 12-A and plan to later consolidate the Sewer District Extension with the Queensbury Technical Park Sewer District in accordance with General Municipal Law Article 17-A, and WHEREAS, Part I of an Environmental Assessment Form has been prepared and presented at this meeting and the action will undergo an uncoordinated review, NOW, THEREFORE, IT IS ORDERED: 1. The Queensbury Town Board shall hold a public hearing to consider establishment of the proposed Extension No. 7 to the Queensbury Technical Park Sewer District described in this Resolution to be known as the Queensbury Technical Park Sewer District Extension No. 7. 2. The boundaries of the proposed extension and benefitted areas of the Queensbury Technical Park Sewer District include tax map parcel no.: 309.10-1-97, having the following metes and bounds description: 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 Luzerne Road at the southwest corner of the lands now or formerly of Thomas Spring; running thence North 81 degrees, 07 minutes and 53 seconds West, along said Luzerne Road, a distance of 111.17 feet to the southeast corner of lands now or formerly of Edward Murray; thence running along said lands the following two courses and distances: (1) North 08 degrees, 22 minutes and 02 seconds East, a distance of 127.65 feet; (2) North 81 degrees, 31 minutes and 38 seconds West, a distance of 271.01 feet to a point in the easterly bounds of the lands of the West Glens Falls Volunteer Fire Company No. 1; thence running North 06 degrees, 18 minutes and 50 seconds East, along said lands and 2 along the lands of Fire Fighters of West Glens Falls Association, a distance of 479.87 feet to the northeast corner thereof and the southerly bounds of Sunset Avenue; thence running South 73 degrees, 20 minutes and 58 seconds East, along the southerly bounds of said Sunset Avenue, the southerly bounds of lands of Matthew Ball and the southerly bounds of the lands of Patricia Jones and part of the way along the southerly bounds of Mallory Avenue, a total distance of 261.37 feet to a point at the northwesterly corner of said lands of Thomas Spring; thence running South 05 degrees, 28 minutes and 38 seconds East, along said lands of Spring, a distance of 588.11 feet to the point and place of beginning, containing 3.48 acres of land to be the same more or less. Bearings given in the above description refer to magnetic North. SUBJECT to easements of record. and as more specifically set forth and described in the Map, Plan and Report. 3. The existing Town of Queensbury municipal sanitary sewer along Luzerne Road extends from the City of Glens Falls (hereinafter the “City”) at the corner of Western Avenue and Luzerne Road and continues westerly along Luzerne Road to Media Drive (and then southerly to the Tribune Media building on Media Drive). The sewer connects to the City municipal sanitary sewer system just east of the City line on Luzerne Road. The Developer will install 570’ of 8” diameter gravity sewer line and three (3) sewer manholes and connect to the existing sewer line on the north side of Luzerne Road. All such infrastructure to be installed will be owned and maintained by the property owner. Plans and details for this new connection are shown on the Map, Plan and Report. Flows from this proposed Extension will be transported and discharged to the City of Glens Falls Wastewater Treatment Plant which has the capacity to provide the Town of Queensbury with the capacity necessary for this Sewer District Extension. 4. The cost of installation of sewer laterals shall be the responsibility of the property owners. Legal, engineering and construction costs to form the Sewer District Extension are to be paid by the property owner and members of the Sewer District will not be responsible for these costs. The improvements shall be constructed and installed in full accordance with the Town of Queensbury's 3 specifications, ordinances or local laws, any State laws or regulations, in accordance with approved plans and specifications and under competent engineering supervision. 5. The maximum amount proposed to be expended to form the Sewer District Extension is approximately $120,726 which would be borne entirely by the property owner. This estimate includes the property owner’s capital cost of construction (approximately $100,000), as well as the capital buy- in fees estimated in the total amount of $20,726 as outlined in the Map, Plan and Report. The current operation and maintenance use fee in the district is $5.50 per 1,000 gallons of metered water usage. The property within the Extension will be taxed and/or assessed user fees for the operation and maintenance charges. All user fees and taxes will be based upon the same formulas as are used in the Queensbury Technical Park Sewer District, as amended from time to time. 6. All capital costs of the project will be paid for by the property owner and must be paid in full prior to connection. There will be no financing cost or tax increase in the Sewer District Extension or in the existing Technical Park Sewer District. The operation and maintenance cost for the property in the proposed Sewer District Extension is estimated to be $7,046.33 per year. There is only one property in the Sewer District Extension so it is the typical property. It is not a one or two family home. 7. The Map, Plan and Report describing the improvements and area involved and a detailed explanation of the fees and costs is on file with the Queensbury Town Clerk and is available for public inspection. 8. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, th 742 Bay Road, Queensbury at 7:00 p.m., on Monday, September 9, 2019 to consider the Sewer District Extension 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. 9. 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 4 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. Pursuant to Town Law section 209-f, the permission of the State Comptroller is not required. 10. The Town Board hereby declares that this action is an unlisted action pursuant to 6 NYCRR 617 et. seq., and will perform uncoordinated review of this Project. th Duly adopted this 19 day of August, 2019, by the following vote: AYES : NOES : ABSENT: 5