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360.2008 ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE PROPERTIES IN TOWN OF QUEENSBURY WHERE TOWN WATER SERVICE CURRENTLY EXISTS BY CONTRACT OR SERVICE RESOLUTION NO.: 360, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Water District to serve 33 separate, non-adjacent properties currently outside of the Water District, but where Town water service currently exists to such property owners by contract or by service 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 Christopher Harrington, P.E., Civil Engineer in the Town of Queensbury’s Water Department, concerning the proposed Water District Extension, and WHEREAS, 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, 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, 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 was completed by the Town’s Water Department Civil Engineer, and WHEREAS, the Queensbury Town Board desires 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 are set forth as follows: The piece or parcel of property described in a deed from David Cerny and Cathy Cerny to Laura M. Avent dated May 11, 2006 and recorded in the Warren County Clerk’s Office in liber 2937 of deeds at page 240. Also including all that piece or parcel of property described in a deed from Janice L. Cornett to Robert Rudolph and Carolyn Rudolph dated September 29, 1989 and recorded in the Warren County Clerk’s Office in liber 770 of deeds at page 124. Also including all that piece or parcel of property described in a deed from Ronald J. Froemmer and Jane Froemmer to Roger Ruel and Eileen Ruel dated May 1, 1985 and recorded in the Warren County Clerk’s Office in liber 670 of deeds at page 518. Also including all that piece or parcel of property described in a deed from William A. Ranney Jr. and Maria C. Ranney to Alex Alexander and Linda Alexander dated May 17, 2004 and recorded in the Warren County Clerk’s Office in liber 1391 of deeds at page 42. Also including all that piece or parcel of property described in a deed from Doris M. Dickinson to Andrew W. Dommasck and Jodie E. Dommaschk dated August 12, 2002 and recorded in the Warren County Clerk’s Office in liber 1280 of deeds at page 313. 2 Also including all that piece or parcel of property described in a deed from BRB Group to Northeastern Capital Dev. Group, LLC dated January 9, 2006 and recorded in the Warren County Clerk’s Office in liber 1490 of deeds at page 300. Also including all that piece or parcel of property described in a deed from Nathan Steves and George Metcalfe to George C. Metcalfe, Jr. and Jill S. Metcalfe dated September 22, 2007 and recorded in the Warren County Clerk’s Office in liber 3416 of deeds at page 239. Also including all that piece or parcel of property described in a deed from Michael S. Hayes to Thomas M. Orr and Sarah R. Spitzer dated October 3, 2005 and recorded in the Warren County Clerk’s Office in liber 1471 of deeds at page 21. Also including all that piece or parcel of property described in a deed from Frederick T. Comstock, Jr. to Frederick Comstock, Jr. and Truddie Comstock dated September 18, 1997 and recorded in the Warren County Clerk’s Office in liber 1036 of deeds at page 155. Also including all that piece or parcel of property described in a deed from Howard L. Hesketh and Barbara Hesketh to Ronald Davies and Valarie Davies dated June 6, 1980 and recorded in the Warren County Clerk’s Office in liber 632 of deeds at page 114. Also including all that piece or parcel of property described in a deed from Raymond Van Guilder Sandra Van Guilder to Joseph Tyrell and Annette T. Tyrrell dated September 5, 2007 and recorded in the Warren County Clerk’s Office in liber 3372 of deeds at page 70. Also including all that piece or parcel of property described in a deed from Barbara J. Brassel to Barbara Brassel and Roger Brassel dated January 25, 1994 and recorded in the Warren County Clerk’s Office in liber 906 of deeds at page 297. Also including all that piece or parcel of property described in a deed from Raymond Van Guilder and Sandra Van Guilder to Kevin M. Ramsey Carlene A. Ramsey dated December 29, 2006 and recorded in the Warren County Clerk’s Office in liber 3160 of deeds at page 222. Also including all that piece or parcel of property described in a deed from Marion B. Newton to William Gosline and Mary Lee Gosline dated December 31, 1987 and recorded in the Warren County Clerk’s Office in liber 701 of deeds at page 603. Also including all that piece or parcel of property described in a deed from Daniel Sprague and Elizabeth Sprague to Michael A. Elmore and Catherine R. Elmore dated September 16, 2003 and recorded in the Warren County Clerk’s Office in liber 1359 of deeds at page 85. Also including all that piece or parcel of property described in a deed from Terry Howk and Connie J. Howk to Barbara Marincic and Frances Colvin dated May 10, 1993 and recorded in the Warren County Clerk’s Office in liber 883 of deeds at page 14. Also including all that piece or parcel of property described in a deed from Christine Vamvalis to 3 Christine Vamvalis and John Haley dated October 23, 1987 and recorded in the Warren County Clerk’s Office in liber 698 of deeds at page 699. Also including all that piece or parcel of property described in a deed from Lloyd L. Mott, Jr. and Virginia L. Mott to Lloyd L. Mott and Virginia L. Mott Family Trust dated December 8, 2006 and recorded in the Warren County Clerk’s Office in liber 1494 of deeds at page 103. Also including all that piece or parcel of property described in a deed from Marshall L. Jarvis and Lorraine D. Jarvis to Lee A. Jarvis and Ernestine A. Jarvis dated September 23, 1993 and recorded in the Warren County Clerk’s Office in liber 895 of deeds at page 62. Also including all that piece or parcel of property described in a deed from Grace D. Roberts to Jeffrey C. Roberts (Trustee) dated February 7, 2001 and recorded in the Warren County Clerk’s Office in liber 1204 of deeds at page 226. Also including all that piece or parcel of property described in a deed from Grace D. Roberts and Jeffrey C. Roberts to Deborah Roberts and Robert Singer dated August 30, 1995 and recorded in the Warren County Clerk’s Office in liber 957 of deeds at page 54. Also including all that piece or parcel of property described in a deed from Harold B. Gifford to Brett Flaherty dated January 18, 1989 and recorded in the Warren County Clerk’s Office in liber 860 of deeds at page 121. Also including all that piece or parcel of property described in a deed from Charles O. Sicard Estate to Marcia Parker dated March 16, 2004 and recorded in the Warren County Clerk’s Office in liber 1374 of deeds at page 244. Also including all that piece or parcel of property described in a deed from Charles O. Sicard to Ann C. Murphy dated June 13, 1980 and recorded in the Warren County Clerk’s Office in liber 631 of deeds at page 935. Also including all that piece or parcel of property described in a deed from Hayes Construction Group, LLC to Michael Kerman and Janice Kerman dated September 2, 2004 and recorded in the Warren County Clerk’s Office in liber 1404 of deeds at page 127. Also including all that piece or parcel of property described in a deed from John Gugliemo to Frank Pongratz dated August 17, 2006 and recorded in the Warren County Clerk’s Office in liber 3029 of deeds at page 250. Also including all that piece or parcel of property described in a deed from Daniel Gilman to William Craig and Gina Craig dated July 7, 2005 and recorded in the Warren County Clerk’s Office in liber 1457 of deeds at page 192. Also including all that piece or parcel of property described in a deed from Mark J. Steele to Mark Steele and Jill Steele dated January 26, 2004 and recorded in the Warren County Clerk’s 4 Office in liber 1373 of deeds at page 30. Also including all that piece or parcel of property described in a deed from Maria Fasulo to LGE, LLC “Frank’s Pizza” dated February 15, 2002 and recorded in the Warren County Clerk’s Office in liber 1252 of deeds at page 289. Also including all that piece or parcel of property described in a deed to Kenneth Linton and Margaret Linton recorded in the Warren County Clerk’s Office in liber 482 of deeds at page 432. Also including all that piece or parcel of property in deeds to Jeffrey Threw, Larry W. Clute and Deborah Cornell as described by the following meets 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 southerly bounds of Eagan Road where the same is intersected by the westerly bounds of the existing Queensbury Water District in the northerly bounds of Lot 1B as shown on a map made for Jeffery and Tara Threw by VanDusen & Steves dated march 10, 2000, last revised July 11, 2003; running thence South 08 degrees, 52 minutes and 20 seconds West, along the existing water district line, a distance of 545.50 feet to a point in the southeasterly bounds of Lot 1A of said lands of Threw; thence running South 08 degrees, 52 minutes and 20 seconds West still along said existing water district line a distance of 200.00 feet more or less to the shore of the Hudson River; thence running northwesterly along the shore of the river as it winds and turns, a distance of 480.00 feet more or less to the southwest corner of said Lot 1A and the southeasterly corner of lands now or formerly of Fritsch; thence running North 20 degrees, 55 minutes and 20 seconds East, along said lands of Fritsch, a distance of 10.00 feet more or less to a point for a corner; thence running North 20 degrees, 55 minutes and 20 seconds East, still along said lands of Fritsch, a distance of 287.37 feet to the northwest corner of Lot 1A and the southwest corner of Lot 1C of said lands of threw; thence continuing along said lands of Fritsch, North 20 degrees, 55 minutes and 20 seconds East, a distance of 335.63 feet to a point in the southerly bounds of said Eagan Road; thence running easterly along the southerly bounds of Eagan Road the following three courses and distances: (1) South 74 degrees, 25 minutes and 30 seconds East, a distance of 146.89 feet; (2) running along a curve to the right having a radius of 110.00 feet a distance of 72.82 feet; (3) South 36 degrees, 30 minutes and 00 seconds East, a distance of 92.36 feet to the point and place of beginning, containing 6.16 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. 2. Water mains and fire hydrants currently exist to serve the additional parcels 5 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 to this District Extension. The estimated annual cost of the District Extension to the typical property in the District Extension, which typical property is a typical one or two family home, for operation and maintenance and other charges (assuming an average water usage) is $366.79. 5. 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. . 6There 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. 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. In accordance with Town Law §206-a, all future expenses of the Queensbury Consolidated Water District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the District as extended. 6 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, August 18, 2008 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 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. st Duly adopted this 21 day of July, 2008, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None 7 SCHEDULE A Town of Queensbury Water Department Queensbury Consolidated Water District District Extension for the Year 2008 Tax Map # Parcel Address 297.6-1-32 749 Ridge Road 297.7-1-16 748 Ridge Road 297.10-1-52 667 Ridge Road 297.7-1-30 716 Ridge Road 289.19-1-22 52 Blind Rock Rd. 289.19-1-20 40 Blind Rock Rd. 289.18-1-34 53 Blind Rock Rd. 289.20-1-1 89 Haviland Rd. 289.20-1-4 84 Haviland Rd. 290.14-1-28 385 Haviland Rd. 290.18-1-22 827 Ridge Rd 296.6-1-1 1 Mannis Rd 290.0-1-91.1 818 Ridge Rd 290.14-1-5 68 Rockwell Rd 290.14-1-7.2 46 Rockwell Rd. 290.0-1-91.2 814 Ridge Rd 289.19-1-9.1 25 Blind Rock Rd 309.14-1-68.2 17 Ryan Avenue 288.12-1-1 1483 Route 9 297.13-1-1 242 Meadowbrook Rd. 297.13-1-2 236 Meadowbrook Rd. 296.10-1-38 96 Country Club Road 296.10-1-37 92 Country Club Road 307.0-1-32.1 729 Luzerne Road 290.17-1-41.1 261 Haviland Road 290.17-1-41.2 273 Haviland Road 308.9-1-8 13 Twin Mountain Road 316.5-1-8 11 Sperry Road 316.5-1-6 16 Lansburg Ln. 316.5-1-12.11 25 Eagan Rd. 316.5-1-12.12 45 Eagan Rd. 316.5-1-12.13 51Eagan Rd. 8