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WASTEWATER-SEWER\Final Order Approving Extension#3 to Route 9 Sewer to Serve Robert Gardens North—1-27-20
RESOLUTION AND FINAL ORDER APPROVING
ROUTE 9 SANITARY SEWER DISTRICT EXTENSION NO. 3
RESOLUTION NO.: ,2020
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to establish an extension to the Town's
Route 9 Sanitary Sewer District (hereinafter the "'District") to be known as the Route 9 Sanitary
Sewer District Extension No. 3 (hereinafter the "Sewer District Extension"), and
WHEREAS, a Map, Plan and Report has been prepared by Lansing Engineering, engineers
licensed by the State of New York regarding the proposed Sewer District Extension to permanently
serve an existing apartment development known as Robert Gardens North on one (1)parcel bearing
tax map identification no.: 296.17-1-41 and located at 220 Weeks 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 has considered the establishment of the Sewer District
Extension in accordance with the provisions of the State Environmental Quality Review Act and
has adopted a Negative Declaration concerning environmental impacts, and
WHEREAS, on December 2nd, 2019 subsequent to the filing of the Map, Plan and Report
with the Town Clerk, the Town Board adopted an Order (Public Hearing Order) reciting (a) the
boundaries of the proposed Sewer District Extension; (b) the proposed improvements; (c) the
maximum amount proposed to be expended for the improvements; (d) the fact that all costs of the
improvements will be paid for by the property owner and not the Town of Queensbury; (e) the
estimated cost of hook-up fees (if any) and the cost of the Sewer District Extension to the only one
property in the Sewer District Extension so it is the typical property); (f) the proposed method of
financing to be employed; (g) the fact that a Map, Plan and Report describing the improvements is
on file in the Town Clerk's Office; and (h) the time and place of a public hearing on the proposed
Sewer District Extension; and
WHEREAS, copies of the Public Hearing Order were duly published and posted and were
filed with the Office of the State Comptroller, all as required by law, and also placed on the Town's
website, and
WHEREAS,prior to publication of the Public Hearing Order, a detailed explanation of how
the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the parcel were
computed was filed with the Town Clerk for public inspection as part of the Map, Plan and Report,
and
WHEREAS, copies of the Public Hearing Order were duly published and posted and were
filed with the Office of the State Comptroller, all as required by law, and
WHEREAS, the estimated annual cost of the District Extension to the parcel has been filed
with the Town Clerk and is made a part of the Map, Plan and Report, and
WHEREAS, a public hearing on the proposed Sewer District Extension was duly held on
Monday, December 16`h, 2019 and the Town Board has considered the evidence given together
with other information, and
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WHEREAS, on December 161", 2019 the Town Board adopted Resolution No.: 406,2019
determining that (a) the Order scheduling the Public Hearing was published and posted as required
by law and was otherwise sufficient, (b)all of the property and property owners within the proposed
District Extension would be benefited thereby, (c) all of the property and property owners benefited
are included within the boundaries of the proposed District Extension, and (d) it is in the public
interest to establish, authorize, and approve the District Extension as described in the Map, Plan and
Report on file with the Queensbury Town Clerk with the boundaries and benefited properties of the
Sewer District Extension to be as described in the Map, Plan and Report, subject to permissive
referendum in the manner provided in Town Law Article 7 and subject to certain conditions
specified in the Resolution, and
WHEREAS, the Town Clerk duly posted and published the notice required for resolutions
subject to permissive referendum and no petition for referendum was filed within 30 days after the
date of the Resolution, and the Town Clerk has caused a certificate to that effect to be filed in the
office of the County Clerk, and
WHEREAS, the permission of the State Comptroller is not required in accordance with
Town Law §209-f, and
WHEREAS, the Town Board wishes to establish the proposed District Extension as
detailed in the Map, Plan and Report in accordance with Town Law Article 12-A,
NOW, THEREFORE, IT IS HEREBY
ORDERED, that the Route 9 Sanitary Sewer District Extension No. 3 be established as
described in this Order and in the Map, Plan and Report prepared by Lansing Engineering having
extension boundaries as detailed in the metes and bounds description from the Town's Public
Hearing Order Resolution No.: 399,2019 dated December 2°d, 2019 and attached hereto as
Schedule A and the improvements described in the Map, Plan and Report be constructed and the
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service within the District be provided upon the required funds being made available or provided
for, and it is
FURTHER ORDERED, that the Town Clerk is hereby authorized and directed to cause a
certified copy of this Order to be duly recorded in the office of the Clerk of Warren County and to
be filed in the office of the State Department of Audit and Control in the time and manner required
by law, and it is
FURTHER ORDERED, that the Town Board authorizes and directs the Town Supervisor,
Town Clerk, Wastewater Director and/or Town Counsel to take all other actions necessary to
effectuate the terms of this Resolution.
Duly adopted this 27`h day of January, 2020, by the following vote:
AYES
NOES
ABSENT:
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SCHEDULE A— Metes and Bounds Description
All that certain sewer district extension situate in the Town of Queensbury, County of
Warren, State of New York lying along the northerly line of Weeks Road, being further
bounded and described as follows:
Beginning at the point of intersection of the common division line between tax map parcel
(T.M.P.) 296.17-1-41 to the East and T.M.P. 296.69-1-34 to the West with the northerly
line of Weeks Road, thence from said point of beginning in a northerly direction along said
common division line and the easterly lines of T.M.P.'s 296.69-1-32, 27, 22 and the easterly
line of Queens Way, 875±feet to a point in the southerly line of T.M.P. 296.13-1-20,thence
in a easterly direction along said southerly line, 656f feet to the point of intersection with
the westerly line of T.M.P. 296.13-1-17.1, thence in a southerly direction along said
westerly line and along the westerly line of T.M.P. 296.17-1-42, 870± feet to a point in the
northerly line of Weeks Road, thence along said northerly line 863± feet to the point of
beginning.
Intending to describe tax map parcel 296.17-1-41
and as more specifically set forth and described in the Map, Plan and Report.
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ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED
ROUTE 9 SANITARY SEWER DISTRICT EXTENSION NO. 3
RESOLUTION NO.: 399,2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
WHEREAS, the Queensbury Town Board wishes to establish an extension to the Town's
Route 9 Sanitary Sewer District (hereinafter the "District") to be known as the Route 9 Sanitary
Sewer District Extension No. 3 (hereinafter the"Sewer District Extension"), and
WHEREAS, a Map, Plan and Report has been prepared by Lansing Engineering, engineers
licensed by the State of New York regarding the proposed Sewer District Extension to permanently
serve an existing apartment development known as Robert Gardens North on one (1) parcel bearing
tax map identification no.: 296.17-1-41 and located at 220 Weeks 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 a Short Environmental Assessment Form has been prepared and
presented at this meeting and the Town's Engineer indicates it is an unlisted action 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. 3 to the Route 9 Sanitary Sewer District described in this Resolution to
be known as the Route 9 Sanitary Sewer District Extension No. 3.
2. The boundaries of the proposed extension and benefitted areas of the Route 9 Sanitary
Sewer District include tax map parcel no.: 296.17-1-41, having the following metes and bounds
description:
All that certain sewer district extension situate in the Town of Queensbury, County of
Warren, State of New York lying along the northerly line of Weeks Road, being further
bounded and described as follows:
Beginning at the point of intersection of the common division line between tax map parcel
(T.M.P.) 296.17-1-41 to the East and T.M.P. 296.69-1-34 to the West with the northerly
line of Weeks Road, thence from said point of beginning in a northerly direction along said
common division line and the easterly lines of T.M.P.'s 296.69-1-32, 27, 22 and the easterly
line of Queens Way, 875± feet to a point in the southerly line of T.M.P. 296.13-1-20, thence
in a easterly direction along said southerly line, 656± feet to the point of intersection with
the westerly line of T.M.P. 296.13-1-17.1, thence in a southerly direction along said
westerly line and along the westerly line of T.M.P. 296.17-1-42, 870± feet to a point in the
northerly line of Weeks Road, thence along said northerly line 863t feet to the point of
beginning.
Intending to describe tax map parcel 296.17-1-41
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and as more specifically set forth and described in the Map, Plan and Report.
3. The property owner will construct a new gravity sanitary sewer system throughout the
existing Robert Gardens North apartment complex. The proposed sewer will replace the existing
onsite wastewater system (multiple septic tanks and seepage pits nearing the end of their service
life) which will be disconnected from the buildings and will be properly abandoned and/or disposed
of. The 8" sewer network will connect to the existing 8" municipal gravity sewer main located
along the north side of Weeks Road at two locations. All connections will be as directed by the
Town Wastewater Department. All such infrastructure to be installed will be owned and
maintained by the property owner. Approximately 150' of 8" Sanitary Sewer and two 4' diameter
precast manholes will be dedicated. 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
owner. 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 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 $316,399 which would be borne entirely by the property owner. This estimate
includes the property owner's capital cost of construction (approximately $279,000), as well as the
capital buy-in fees estimated in the total amount of $35,550 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 resulting in an estimated sewer user charge of $30,112.50 per year. In
addition, the estimated benefit tax would be $9,729.27 per year. The property within the Extension
will be taxed and/or assessed user fees for the operation and maintenance charges. All user fees and
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taxes will be based upon the same formulas as are used in the Route 9 Sanitary 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 Route 9 Sanitary Sewer District. The operation and maintenance cost
for the property in the proposed Sewer District Extension is estimated to be $39,841.77 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, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, December 16th, 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
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. The Town's
Engineer indicates that there is no other involved agency.
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Duly adopted this 2"d day of December, 2019, by the following vote:
AYES: Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES: None
ABSENT: None
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RESOLUTION APPROVING ROUTE 9 SANITARY SEWER DISTRICT
EXTENSION NO. 3
RESOLUTION NO. 406,2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs.Jennifer Switzer
WHEREAS, the Queensbury Town Board wishes to establish an extension to the Town's
Route 9 Sanitary Sewer District (hereinafter the "District") to be known as the Route 9 Sanitary
Sewer District Extension No. 3 (hereinafter the"Sewer District Extension"), and
WHEREAS, a Map, Plan and Report has been prepared by Lansing Engineering, engineers
licensed by the State of New York regarding the proposed Sewer District Extension to permanently
serve an existing apartment development known as Robert Gardens North on one (1)parcel bearing
tax map identification no.: 296.17-1-41 and located at 220 Weeks 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 has considered the establishment of the Sewer District
Extension in accordance with the provisions of the State Environmental Quality Review Act and
has adopted a Negative Declaration concerning environmental impacts, and
WHEREAS, on December 2°d, 2019 subsequent to the filing of the Map, Plan and Report
with the Town Clerk, the Town Board adopted an Order (Public Hearing Order) reciting (a) the
boundaries of the proposed Sewer District Extension; (b) the proposed improvements; (c) the
maximum amount proposed to be expended for the improvements; (d) the fact that all costs of the
improvements will be paid for by the property owner and not the Town of Queensbury; (e) the
estimated cost of hook-up fees (if any) and the cost of the Sewer District Extension to the only one
property in the Sewer District Extension so it is the typical property); (f) the proposed method of
financing to be employed; (g) the fact that a Map, Plan and Report describing the improvements is
on file in the Town Clerk's Office; and (h) the time and place of a public hearing on the proposed
Sewer District Extension; and
WHEREAS, copies of the Public Hearing Order were duly published and posted and were
filed with the Office of the State Comptroller, all as required by law, and also placed on the Town's
website, and
WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how
the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the parcel were
computed was filed with the Town Clerk for public inspection as part of the Map, Plan and Report,
and
WHEREAS, copies of the Public Hearing Order were duly published and posted and were
filed with the Office of the State Comptroller, all as required by law, and
WHEREAS, the estimated annual cost of the District Extension to the parcel has been filed
with the Town Clerk and is made a part of the Map, Plan and Report, and
WHEREAS, a public hearing on the proposed Sewer District Extension was duly held on
Monday, December 16", 2019 and the Town Board has considered the evidence given together
with other information, and
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WHEREAS, the Town Board wishes to establish the proposed Sewer District Extension in
accordance with Town Law Article 12-A and plans to later consolidate the Sewer District
Extension with the Route 9 Sanitary Sewer District in accordance with General Municipal Law
Article 17-A, and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that:
1. Notice of Public Hearing was published and posted as required by law and is
otherwise sufficient;
2. All property and property owners within the Sewer District Extension are benefited
thereby;
3. All property and property owners benefited are included within the limits of the
Sewer District Extension;
4. It is in the public interest to establish, authorize, and approve the Route 9 Sanitary
Sewer District Extension No. 3 to the existing Route 9 Sanitary Sewer District as described in the
Map, Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited
properties of the Sewer District Extension to be as described in the Map, Plan and Report;
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves, authorizes and establishes the Route 9
Sanitary Sewer District Extension No. 3 in accordance with the boundaries and descriptions set
forth above and in the previously described Map, Plan and Report and construction of the
improvements may proceed and service provided subject to the following;
1. The obtaining of any necessary permits or approvals from the New York State
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Department of Health;
2. The obtaining of any necessary permits or approvals from the New York State
Department of Environmental Conservation;
3. The obtaining of any necessary permits or approvals from the New York State
Department of Transportation and any other required permits;
4. The Town being satisfied that construction of all improvements has occurred in
accordance with the Plan;
5. Permissive Referendum in the manner provided in New York State Town Law
Article 7; and
6. The adoption of a Final Order by the Queensbury Town Board;
and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to Permissive Referendum in the manner
provided by the provisions of New York State Town Law Articles 7 and 12A and the Town Board
authorizes and directs the Queensbury Town Clerk to file, post and publish such Notice of this
Resolution as may be required by law and to cause to be prepared and have available for
distribution proper forms for the petition and shall distribute a form to any person requesting such
petition, and if no such petition is filed within 30 days,to file a certificate to that effect in the Office
of the County Clerk and with the State Department of Audit and Control.
Duly adopted this 16'h day of December, 2019, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer
NOES None
ABSENT: None
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