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164.2007 NOA NOTICE OF ADOPTION At a Regular Meeting of the Town Board of the Town of Queensbury held on April 2, 2007 at the Queensbury Center, Town of Queensbury, 742 Bay Road, Queensbury, New York, the following was adopted: ORDER SETTING PUBLIC HEARING FOR PROPOSED EXTENSION NO. 9 TO CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT FOR JOHN W. DREPS BAY ROAD SUBDIVISION RESOLUTION NO. 164, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to establish an extension to the Central Queensbury Quaker Road Sewer District (hereinafter the “District”) to be known as Central Queensbury Quaker Road Sewer District Extension No. 9, and WHEREAS, a Map, Plan and Report has been prepared by Thomas W. Nace, P.E., Consulting Engineer, an engineer licensed by the State of New York, regarding the proposed sewer district extension to serve the John W. Dreps Bay Road Subdivision containing five (5) commercial lots located on an approximately 6.37 acre parcel of land on the east side of Bay Road (tax map parcels: #296.16-1-16.11, #296.16-1-16.14, 296.16-1-16.15, 296.16-1-16.16 and 296.16-1-16.17) as more specifically set forth and described in the Map, Plan and Report (hereinafter the “Sewer District Extension”), and WHEREAS, by previous Resolution, the Map, Plan and Report has been accepted 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 12A and consolidate the Sewer District Extension with the Central Queensbury Quaker Road Sewer District in accordance with Town Law §206-a, and WHEREAS, Part I of an Environmental Assessment Form has been prepared and presented at this meeting and the Town will act as Lead Agency and the action will undergo a coordinated review, NOW, THEREFORE, IT IS ORDERED: 1. The Town Board shall hold a public hearing to consider establishment of the previously described proposed Sewer District Extension to the Central Queensbury Quaker Road Sewer District to be known as Central Queensbury Quaker Road Sewer District Extension No. 9. 2.The boundaries of the proposed Sewer District Extension and benefited areas of the Central Queensbury Quaker Road Sewer District are as set forth in the Map, Plan and Report previously described in this Order 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 side of Bay Street at the northwest corner of the lands conveyed to Stewarts Ice Cream Company, Inc.; running thence along said Bay Road, North 05 degrees, 11 minutes and 12 seconds East, a distance of 161.63 feet; 2 continuing along Bay Road, North 05 degrees, 05 minutes and 41 seconds East, a distance of 362.4 feet to the southwest corner of lands of Bay Meadows Golf Club Inc.; thence running along said lands southeasterly along a curve to the left having a radius of 25.00 feet a distance of 39.27 feet; thence running South 84 degrees, 54 minutes and 19 seconds East, along the southerly bounds thereof, a distance of 238.97 feet; thence running along a curve to the left having a radius of 25.00 feet, a distance of 37.95 feet; thence running along a curve to right having a radius of 70.00 feet, a distance of 219.59 feet; thence continuing along said lands of Bay Meadows Golf Club Inc., South 83 degrees, 47 minutes and 10 seconds East, a distance of 152.09 feet to an angle point therein for a corner; thence continuing along said lands of Bay Meadows Golf Club Inc., South 06 degrees, 12 minutes and 50 seconds West, a distance of 440.20 feet to the northeast corner of lands now or formerly of JBJ Queensbury, LLC; thence running along said lands, North 81 degrees, 26 minutes and 40 seconds West, a distance of 287.70 feet to the northwest corner thereof; thence running along said the westerly line thereof, South 05 degrees, 53 minutes and 33 seconds West, a distance of 93.91 feet to the northeast corner of said lands of Stewarts Ice Cream Company, Inc.; thence running along the northerly bounds thereof, North 84 degrees, 06 minutes and 27 seconds West, a distance of 284.03 feet to the point and place of beginning, containing 6.37 acres of lands to be the same more or less. Bearings given in the above description refer to magnetic North. SUBJECT to easements of record. SUBJECT also to an easement of ingress and egress over the southwesterly corner of said property as described in an easement granted by Roger W. Brassel to Stewarts Ice Cream Company, Inc. recorded in book 1115 of deeds at page 24. 3. The proposed Sewer District Extension has been accomplished by installation of three manholes and 785 LF of 8” PVC gravity sewer main connecting to a point of service at existing MH #4-22B. Individual service lateral stubs to each property in the John W. Dreps Bay Road Subdivision 3 have been installed for connection as the properties develop. These collection sewers will become the responsibility of the Town of Queensbury Wastewater Department and are included in the proposed District facilities. Based upon the NYS DEC standard wastewater generation rate of 0.10 gallons per day (gpd) per square foot of office building floor space and assuming 7,000 sf per lot for each of the 5 lots, the proposed Sewer District Extension will produce a projected wastewater flow of 3,500 gpd. The existing downstream, receiving sewers consist of an 8” gravity sewer stub located on the east side of Bay Road just north of the entrance to Stewarts and continues south on Bay Road to Cronin Road. All wastewater generated within the District is collected and flows to the primary sewage pumping station on Meadowbrook Road. It is then pumped through a 12” diameter force main (westerly of Quaker Road and then south on Bay Road) to Sanford Street in the City of Glens Falls where it discharges to the City sewer system. The Town’s Wastewater Director has indicated that the Town collection system receiving the flows of this proposed Sewer District Extension has adequate capacity to transport the expected flows to the City of Glens Falls Wastewater Treatment Facility which ultimately provides treatment for the Town of Queensbury wastewater and the proposed flow fits within capacity limits the Town has already contacted for from the City of Glens Falls. All such Sewer District Extension improvements are more specifically delineated in the Map, Plan and Report. The cost shall include a buy-in to the City of Glens Falls Wastewater Treatment Plant in the amount of $3,500 ($1 per gallon fee x 3,500 gpd) due at the time of initial hook-up. 4. All costs of construction, legal and engineering fees shall be the responsibility of the developer, John W. Dreps and are not intended to be shared by other users within the Sewer District in accordance with a formula delineated in the Map, Plan and Report. The improvements shall be constructed and installed in full accordance with the Town of Queensbury's 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 cost for the Sewer District Extension improvements will be $59,273. The areas or properties that comprise the Extension will be subject to the same cost for operation, maintenance and capital improvements as in the Central Queensbury Quaker Road Sewer District. 4 6. The estimated cost of hook-up fees to the typical property will be $3,000 to $5,000. The estimated annual cost of the Sewer District Extension to the properties will be $61.49 for a vacant lot and $122.98 for a developed lot plus approximately $994.64 for a special benefit assessment, which is calculated on a unit basis and set forth on the Benefit Roll, for a total estimated annual cost of $1,056.13 for a vacant lot and $1,117.62 for a developed lot. Since there are none, the estimated annual cost for a one or two family home would be $0 for debt service and approximately $0 per year for sewer rents for a total estimated annual cost of $0. There are no one or two family homes in the Sewer District Extension, so their hook-up cost would be $0.00. The proposed Sewer District Extension contains commercial class property; there is no residential property. 7. All future expenses of the Central Queensbury Quaker Road Sewer District, including all extensions included heretofore or hereafter established, shall be a charge against the entire area of the district as extended. 8. The Map, Plan and Report describing the improvements, area involved and a detailed explanation of hook-up fees and cost of the District to the typical property, and, if different, the typical one or two family home, is on file with the Queensbury Town Clerk and is available for public inspection. 9. The Town Board shall meet and hold a public hearing at the Queensbury Activities th Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, April 16, 2007 to consider the Map, Plan and Report, hear all persons interested in the proposal and 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. 5 11. The Town Board hereby authorizes and directs the Town of Queensbury Executive Director of Community Development to advise the Town Board of any environmental impacts at the time a SEQRA review is conducted. 12. The Town Board hereby declares that this action is an unlisted action pursuant to 6 NYCRR 617 et. seq., and declares itself the Lead Agency. The Town Board further authorizes and directs the Executive Director of Community Development to send a copy of this Resolution, Part I of the Environmental Assessment Form presented at this meeting and a copy of the Map, Plan and Report to all potentially involved agencies and to the New York State Department of Environmental Conservation and New York State Department of Health together with all documentation to be sent out with a letter indicating that the Town Board is about to undertake consideration of the 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. nd Duly adopted this 2 day of April, 2007, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None I, Darleen M. Dougher, Town Clerk of the Town of Queensbury, Warren County, New York, do hereby certify that I have compared the foregoing with the original Resolution No. 164.2007 entitled Order Setting Public Hearing For Proposed Extension No. 9 to Central Queensbury Quaker road Sewer District For John W. Dreps Bay Road Subdivision adopted at a Regular Meeting of the Town Board of the Town of Queensbury held on the 2nd day of April, 2007 at which a quorum was present and that the same is a correct 6 transcript therefrom and of the whole original thereof to date, IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, this 3rd day of April, 2007. SEAL SIGNED:___________________________________ Darleen M. Dougher Town Clerk-Queensbury Darleen M. Dougher Town Clerk-Queensbury 04-06-2007 7