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