453.2004
ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED
INCREASE IN MAXIMUM AMOUNT TO BE EXPENDED
FOR ROUTE 9 SEWER DISTRICT
RESOLUTION NO. 453, 2004
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, a District Formation Report (Map, Plan and Report) was prepared by C. T.
Male Associates, P.C., professional engineers, concerning the formation of the Route 9 Sewer
District and the construction of sewer facilities along both sides of Route 9 from Weeks Road up
to State Route 149, such area including The Great Escape Theme Park, its proposed hotel and
conference center, as well as the Warren County Municipal Center, the Factory Outlet Stores and
all other properties bordering Route 9, as more specifically set forth and described in the Map,
Plan and Report, and
WHEREAS, the Map, Plan and Report was duly filed in the Queensbury Town Clerk's
Office and made available for public inspection, and
WHEREAS, the Map, Plan and Report included (a) the boundaries of the proposed Sewer
District, (b) a general plan of the proposed sewer system, (c) a report of the proposed method of
operation, and (d) all outlets and the terminus and course of each proposed main sewer or drain
together with the location and a general description of all sewage disposal plants, pumping
stations and other public works, and
WHEREAS, the Town Board was duly designated lead agency for SEQRA review of the
project and determined that the project would not have a significant adverse effect on the
environment and a Negative Declaration was made, and
WHEREAS, the estimated annual cost to the “typical property” was filed with the Town
Clerk and made a part of the Map, Plan and Report, and
WHEREAS, on September 10, 2001 subsequent to the filing of the Map, Plan and Report
with the Town Clerk, the Town Board adopted an Order (the “Public Hearing Order”) reciting
(a) the boundaries of the proposed Sewer District; (b) the proposed improvements; (c) the
maximum amount proposed to be expended for the improvements; (d) the estimated cost of
hook-up fees (if any) and the cost of the Sewer District to the typical property and the typical one
or two family home (if not the typical property); (e) the proposed method of financing to be
employed; (f) the fact that a Map, Plan and Report describing the improvements is on file in the
Town Clerk’s Office; and (g) the time and place of a public hearing on the proposed Sewer
District, 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, 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 typical
property and typical one or two family home (if not the typical property) were computed was
filed with the Town Clerk for public inspection, and
WHEREAS, a public hearing on the proposed Sewer District was duly held on October 1,
2001 and the Town Board considered the evidence given together with other information, and
WHEREAS, Edward V. Curtin, Consulting Archaeologist, performed Phase 1 and Phase
2 Archaeological Surveys concerning the proposed Sewer District and has advised that as a result
of the Phase 2 Survey, no significant archaeological or cultural resources would be affected by
the construction of the proposed Sewer District, and
,
WHEREASon November 4, 2002, by Resolution No.: 443,2003, the Queensbury Town
Board determined that (a) the notice of public hearing was published and posted as required by
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law and was otherwise sufficient, (b) all of the property and property owners within the proposed
District would be benefited thereby, (c) all of the property and property owners benefited are
included within the boundaries of the proposed District and (d) the establishment of the Sewer
District as therein described is in the public interest, and approved the establishment of the Sewer
District as the boundaries are set forth in the Map, Plan and Report, subject to permissive
referendum in the manner provided in Town Law Article 7; and
,
WHEREAS the Town Clerk duly posted and published the notice required for
Resolutions subject to permissive referendum and no such petition was filed within 30 days after
the date of the Resolution, and the Town Clerk caused a certificate to that effect to be filed in the
office of the County Clerk; and
WHEREAS, the estimated annual cost to the typical property is below the average
estimated cost threshold computed and provided by the New York State Comptroller’s Office, so
the approval of the State Comptroller’s Office was not required for establishment of the proposed
Sewer District, and
WHEREAS, on February 10, 2002 the Town adopted a Final Order creating the District,
and
WHEREAS, due to additional and unanticipated engineering and constructions costs,
among other things, the cost of the proposed District improvements will be $543,000 more than
originally estimated and there is a possibility of a relatively small additional increase, and
WHEREAS, the Town has received a grant from the Economic Development
Administration in the amount of $910,000 (the “Grant”) to pay a portion of the cost of the
improvements, which grant was not anticipated at the time of formation of the District and
calculation of the cost to the typical property and typical single family home; and
WHEREAS, the Town Board wishes to increase the maximum amount authorized to be
expended for the District improvements in accordance with Town Law Section 209-h;
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NOW, THEREFORE, IT IS HEREBY
ORDERED:
1. The boundaries of the Sewer District are set forth in Exhibit A hereto.
2. The improvements are described in Exhibit B hereto.
3. The maximum amount proposed to be expended for such improvements is
increased from $5,170,000 to $5,847,191.
4. The estimated annual cost of the District for debt service and operation and
maintenance costs to a typical property will not change as established in Town Board Resolution
No.: 113,2003. The estimated annual cost to the typical property is below the average estimated
cost threshold computed and provided by the New York State Comptroller’s Office so approval
of the State Comptroller’s Office is not required for this increase in the maximum amount
§
authorized under Town Law 209-h. There would be no actual hook-up fees. The cost to retain
a private contractor to install a new collection sewer system and/or sewer lateral between a
building and the main Project sewer lines vary significantly depending on the individual
conditions including distance from the line and various subsurface conditions. Typical sewer
lateral installation costs have been at least several thousand dollars; it is impossible to generalize
the costs for collections sewer systems.
5. A detailed explanation of how the estimated costs of the District Extension were
computed is included in the Map, Plan and Report which was filed with the Queensbury Town
Clerk and is available for public inspection.
6. The proposed method of financing the total cost of the Project includes the
following:
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A.Economic Development Administration grant in the amount of $910,000; and
B.issuance of $4,937,191 Town of Queensbury E.F.C. Municipal Water Pollution
Control Facility Note – 2003-A (Route 9 Sewer District Project, 2003).
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 Route 9 Sewer
District, including all extensions heretofore or hereafter established, shall be a charge against the
entire area of the District as extended.
9. The Town Board shall meet and hold a public hearing at the Queensbury
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Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, September 27, 2004 to
hear all persons interested in the increase of the maximum amount to be expended for the Sewer
District 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 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.
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Duly adopted this 13 day of September, 2004 by the following vote:
AYES: Mr. Stec, Mr. Boor, Mr. Strough, Mr. Brewer
NOES: None
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ABSENT:Mr. Turner
EXHIBIT A
LEGAL DESCRIPTION
ROUTE 9 SEWER DISTRICT
TOWN OF QUEENSBURY, COUNTY OF WARREN, STATE OF NEW YORK
All that certain tract, piece or parcel of land situate lying and being in the Town of Queensbury,
County of Warren, State of New York, lying along U.S. Route 9 generally Easterly of the Adirondack
Northway and Northerly of Weeks Road and being more particularly bounded and described as follows:
BEGINNING at a point at the intersection of the Southerly boundary of the Town of Queensbury,
County of Warren, Tax Map Section No. 71, Block No. 1, Parcel No. 2 with the Westerly boundary of
said tax map parcel and runs thence from said point of beginning along the Westerly boundary of Tax
±
Map Parcel No. 71-1-2, a distance of 920 feet to its intersection with the Southerly boundary of Weeks
Road; thence in a Westerly direction along the Southerly street boundary 150± feet to its intersection with
the Westerly boundary of Weeks Road; thence in a Northerly direction along the said Westerly street
boundary 110± feet to its intersection with the Northerly boundary of Weeks Road; thence in a generally
Easterly direction along the Northerly boundary of Weeks Road 1,420± feet to its intersection with the
Westerly boundary of Tax Map Parcel No.: 70-1-8; thence in a generally Northerly direction along the
Westerly boundary of said tax map parcel 880± feet to its intersection with the Southerly boundary of Tax
Map Parcel No.: 73-1-13; thence in a generally Westerly direction along the Southerly boundary of said
tax map parcel 1,040± feet to its intersection with the Westerly boundary of said Tax Map Parcel No. 73-
1-13; thence in a generally Northerly direction along the Westerly boundary of said tax map parcel 690±
feet to its intersection with the Southerly boundary of Tax Map Parcel No.: 73-1-11.3; thence in a
generally Westerly direction along the Southerly boundary of said tax map parcel and the Southerly
boundary of Tax Map Parcel No. 73-1-8.1, a distance of 520± feet to its intersection with the Easterly
boundary of the Adirondack Northway (I-87); thence in a generally Northerly direction along the
generally Easterly boundary of the Adirondack Northway (I-87), a distance of 9,290± feet to its
intersection with the Southerly boundary of Gurney Lane; thence in a generally Easterly direction along
the Southerly boundary of Gurney Lane and its Easterly projection crossing U.S. Route 9, a distance of
520± feet to a point on the Easterly boundary of U.S. Route 9; thence in a generally Northerly direction
along the Easterly boundary of U.S. Route 9, a distance of 1,555± feet to its intersection with the Easterly
projection of the Northerly boundary of the Adirondack Northway I-87 (Exit 20); thence in a generally
Westerly direction along the said Easterly projection crossing U.S. Route 9 and along the said Northerly
boundary of the Adirondack Northway I-87, a distance of 460± feet to its intersection with the Easterly
boundary of said Adirondack Northway I-87; thence in a generally Northerly direction along the Easterly
boundary of said highway 2,390± feet to its intersection with the Northerly boundary of Tax Map Parcel
No. 34-1-10; thence in a generally Easterly direction along the Northerly boundary of said tax map parcel
640± feet to its intersection with the Westerly boundary of U.S. Route 9; thence in a generally Southerly
direction along the Westerly boundary of U.S. Route 9, a distance of 230± feet to its intersection with the
Westerly projection of the Southerly boundary of Farm-to-Market Road (NYS Route 149); thence in a
generally Easterly direction along said projection, crossing U.S. Route 9 and along the Southerly
boundary of said Farm-to-Market Road (NYS Route 149), a distance of 290± feet to its intersection with
the Easterly boundary of Tax Map Parcel No. 36-1-35; thence in a generally Southerly direction along the
Easterly boundary of said tax map parcel, a distance of 310± feet to its intersection with the Northerly
boundary of Tax Map Parcel No. 36-1-34.2; thence in a generally Easterly direction along the Northerly
boundary of said tax map parcel and the Northerly boundary of Tax Map Parcel No. 36-1-34.3, a distance
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of 470± feet to its intersection with the Easterly boundary of said Tax Map Parcel No. 36-1-34.3; thence
in a generally Southerly direction along the Easterly boundary of said Tax Map Parcel No. 36-1-34.3, a
distance of 280± feet to its intersection with the Southerly boundary of said map parcel; thence in a
generally Westerly direction along the Southerly boundary of said tax map parcel 400± feet to its
intersection with the Southeasterly boundary of Tax Map Parcel No. 36-1-33.2; thence in a generally
Southwesterly direction along the Southeasterly boundary of said tax map parcel 330± feet to a point;
thence in a generally Easterly direction through Tax Map Parcel No. 36-1-27.1, a distance of 90± feet to a
point, said point being the Northeasterly corner of Tax Map Parcel No. 36-1-31; thence in a generally
Southerly direction along the Easterly boundary of said Tax Map Parcel No. 36-1-31, a distance of 340±
feet to its intersection with the Southerly boundary of said tax map parcel; thence in a generally Westerly
direction along the Southerly boundary of said tax map parcel 50± feet to its intersection with the Easterly
boundary of Tax Map Parcel No. 36-1-29; thence in a generally Southerly direction along the Easterly
boundary of said tax map parcel 400± to its intersection with the Southerly boundary of said Tax Map
Parcel No. 36-1-29; thence in a generally Westerly direction along the Southerly boundary of said tax
map parcel and the Southerly boundary of Tax Map Parcel No. 36-1-28, a distance of 210± feet to its
intersection with the Easterly boundary of Tax Map Parcel No. 36-1-27; thence in a generally Southerly
direction along the Easterly boundary of said tax map parcel 290± feet to its intersection with the
Northerly boundary of Tax Map Parcel No. 36-1-26; thence in a generally Easterly direction along the
Northerly boundary of said tax map parcel 210± feet to its intersection with the Easterly boundary of said
tax map parcel; thence in a generally Southerly direction along the Easterly boundary of said tax map
parcel 130± feet to its intersection with the Southerly boundary of said tax map parcel; thence in a
generally Westerly direction along the Southerly boundary of said tax map parcel 390± feet to its
intersection with the Southeasterly boundary of Tax Map Parcel No. 36-1-25; thence in a generally
Southwesterly direction along the Southeasterly boundary of said tax map parcel, a distance of 230± feet
to its intersection with the Northerly boundary of Tax Map Parcel No. 36-1-24; thence in a generally
Easterly direction along the Northerly boundary of said tax map parcel 480± feet to its intersection with
the Easterly boundary of said tax map parcel; thence in a generally Southerly direction along the Easterly
boundary of said tax map parcel 2,230± feet to its intersection with the Northerly boundary of Glen Lake
Road; thence in a generally Westerly direction along the Northerly boundary of Glen Lake Road 880±
feet to its intersection with the Northerly projection of the Easterly boundary of Tax Map Parcel No. 36-2-
11; thence in a generally Southerly direction crossing Glen Lake Road along said projection and along the
Easterly boundary of Tax Map Parcel No. 36-2-11, a distance of 880± feet to its intersection with the
Westerly boundary of Tax Map Parcel No. 36-2-3.1; thence in a generally Northerly direction along the
Easterly boundary of said tax map parcel 650± feet to its intersection with the Southerly boundary of Tax
Map Parcel No. 36-2-13; thence in a generally Easterly direction along the Southerly boundary of said tax
map parcel 117± feet to its intersection with the Easterly boundary of said tax map parcel; thence in a
generally Northerly direction along the Easterly boundary of said tax map parcel 150± feet to its
intersection with the Southerly boundary of Glen Lake Road; thence in a generally Easterly direction
along the Southerly boundary of said road 210± feet to its intersection with the Westerly boundary of Tax
Map Parcel No. 36-2-15; thence in a generally Southerly direction along the Westerly boundary of said
tax map parcel 150± to its intersection with the Southerly boundary of said tax map parcel; thence in a
generally Easterly direction along the Southerly boundary of said tax map parcel and the Southerly
boundary of Tax Map Parcel Nos. 36-2-16 and 36-2-17, a distance of 320± to its intersection with the
Easterly boundary of said Tax Map Parcel No. 36-2-17; thence in a generally Northerly direction along
the Easterly boundary of said tax map parcel 150± feet to its intersection with the Southerly boundary of
Glen Lake Road; thence in a generally Easterly and Northeasterly direction along the Southerly and
Southeasterly boundary of Glen Lake Road 2,550± feet to its intersection with the Southwesterly
boundary of Ash Drive; thence in a generally Southeasterly direction along the Southwesterly boundary
of Ash Drive 1,550± feet to its intersection with the Westerly boundary of the Niagara Mohawk Power
Corporation right-of-way; thence in a generally Southerly direction along the Westerly boundary of lands
now or formerly of Niagara Mohawk Power Corporation 750± feet to its intersection with the Northerly
7
boundary of Tax Map Parcel No. 36-2-4.1; thence in a generally Westerly direction along the Northerly
boundary of Tax Map Parcel No. 36-2-4.1, a distance of 900± feet to its intersection with the Westerly
boundary of said tax map parcel; thence in a generally Southerly direction along the Westerly boundary of
Tax Map Parcel No. 36-2-4.1, a distance of 1,120± feet to its intersection with the Southerly boundary of
said tax map parcel; thence in a generally Easterly direction along the Southerly boundary of said tax map
parcel 940± feet to its intersection with the Easterly boundary of Tax Map Parcel No. 36-2-3.1; thence in
a generally Southerly direction along the Easterly boundary of said tax map parcel 1,300± feet to its
intersection with the Northerly boundary of Round Pond Road; thence in a generally Westerly direction
along the Northerly boundary of Round Pond Road 1,270± feet to its intersection with the northwesterly
projection of the Northeasterly boundary of Tax Map Parcel No. 67-2-1.3; thence in a generally
Southeasterly direction along said projection crossing Round Pond Road and along the Northeasterly
boundary of Tax Map Parcel Nos. 67-2-1.3, 67-2-1.2, 68-1-2 and 68-1-15, a distance of 2,060± feet to its
intersection with the Southerly boundary of said Tax Map Parcel No. 68-1-15; thence in a generally
Southwesterly direction along the Southeasterly boundary of said tax map parcel and Tax Map Parcel No.
68-1-13.1, a distance of 260± feet to its intersection with the Northwesterly projection of the
Northeasterly boundary of Tax Map Parcel No. 68-1-10; thence through Tax Map Parcel No. 68-1-11
along said projection and along the Northeasterly boundary of Tax Map Parcels Nos. 68-1-10 and 68-1-9
crossing Montray Road, continuing along the Northeasterly boundary of Tax Map Parcel Nos. 69-1-1, 69-
1-29, 69-1-28, 69-1-27, 69-1-26, 69-1-25, 69-1-24, 69-1-20, 69-1-18 and 69-1-17 crossing Kendrick Road
and along the Northeasterly boundary of Tax Map Parcel Nos. 70-2-1, 70-2-2, 70-2-3 and a portion of 70-
2-4, a distance of 2,170 ± feet to its intersection with the Northwesterly boundary of Tax Map Parcel No.
70-2-4; thence in a generally Northeasterly direction along the Northwesterly boundary of said tax map
parcel 160± feet to its intersection with the Easterly boundary of said tax map parcel; thence in a
generally Southerly direction along the Easterly boundary of said Tax Map Parcel No. 70-2-4, a distance
of 180± feet to its intersection with the Southerly boundary of said tax map parcel; thence in a generally
Westerly direction along the Southerly boundary of said tax map parcel 150± feet to intersection with the
Easterly boundary of said tax map parcel; thence in a generally Southerly direction along the Easterly
boundary of said tax map parcel and the Easterly boundary of Tax Map Parcel Nos. 70-2-6, 70-2-8 and
70-2-10, a distance 450± feet to its intersection with the Southerly boundary of Tax Map Parcel No. 70-2-
10; thence in a generally Westerly direction along the Southerly boundary of said tax map parcel 65 ± feet
to its intersection with the Easterly boundary of Tax Map Parcel No. 70-2-11; thence in a generally
Southerly direction along the Easterly boundary of said tax map parcel 120± feet to its intersection with
the Northerly boundary of Sweet Road; thence in a generally Easterly direction along the Northerly
boundary of said road 110± feet to its intersection with the Northerly projection of the Easterly boundary
of Tax Map Parcel No. 71-2-1; thence in a generally Southerly direction crossing Sweet Road along said
projection and along the Easterly boundary of said Tax Map Parcel No. 71-2-1, a distance of 150± feet to
its intersection with the Southerly boundary of said tax map parcel; thence in a generally Westerly
direction along the Southerly boundary of said tax map parcel 230± feet to its intersection with the
Easterly boundary of U.S. Route 9; thence from the generally Southwesterly direction crossing U.S.
Route 9, a distance of 190± feet to a point, said point being at the intersection of the Northerly boundary
of Weeks Road with the Westerly boundary of U.S. Route 9; thence in a generally Southerly direction
along the Westerly boundary of U.S. Route 9, a distance of 170± feet to its intersection with the Southerly
boundary of Tax Map Parcel No. 71-1-4; thence in a generally Westerly direction along the Southerly
boundary of said tax map parcel 380± feet to its intersection with the Westerly boundary of said Tax Map
Parcel No. 71-1-4; thence in a generally Northerly direction along the Westerly boundary of said tax map
parcel 120± feet to its intersection with the Southerly boundary of Weeks Road; thence in a generally
Westerly direction along the Southerly boundary of Weeks Road 540± feet to its intersection with the
Easterly boundary of Tax Map Parcel No. 71-1-2; thence in a generally Southerly direction along the
Easterly boundary of said tax map parcel, a distance of 930± feet to its intersection with the Southerly
boundary of said Tax Map Parcel No. 71-1-2; thence in a generally Westerly direction along the
Southerly boundary of said tax map parcel, a distance of 700± feet to the point or place of beginning.
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EXHIBIT B
PROJECT DESCRIPTION
Currently, properties within the proposed district dispose of their waste through the use of
subsurface disposal systems. These properties employ such disposal methods as septic systems
and injection wells. The impact of these systems to date has been mainly to limit the
development of individual parcels. As development continues, water quality may be adversely
impacted.
This project proposal is for the installation of a new sanitary sewage system which will
collect the wastewater flow generated by these properties and transport the flow to the Glens
Falls sewage treatment plant. The proposed sanitary sewage system will consist of gravity
collection sewers, a set of pump stations, pressurized force main sewers and a gravity sewer to
transport the flow to the Quaker Road Sewer District and the Meadowbrook Pump Station. The
wastewater is then pumped from the Meadowbrook Pump Station to the City of Glens Falls for
treatment.
This goal of this proposed sewer district is to eliminate any further contamination of the
Glen Lake region that may result from wastewater generated by Route 9 properties. Therefore,
the project intends to reduce environmental impacts on the soil, groundwater and surface water
in the Glen Lake region. The project will also address design concerns related to low flow
conditions as well as consider future expansion of businesses in the district.
I, Karen A. O’Brien, Deputy Town Clerk II of the Town of Queensbury, Warren County, New
York, do hereby certify that I have compared the foregoing with the original resolution as listed
th
above adopted at a Regular meeting of the Town Board of the Town of Queensbury held on the 13
day of September, 2004 at which a quorum was present and that the same is a correct 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,
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this 16 day of September 2004.
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SEAL SIGNED:______________________________________
Karen A. O’Brien
Deputy Town Clerk II
Town of Queensbury
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DATED: September 17, 2004
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