113.2003
RESOLUTION AND FINAL ORDER APPROVING
CREATION OF ROUTE 9 SEWER DISTRICT
RESOLUTION NO.: 113, 2003
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, a District Formation Report (Map, Plan and Report) has been prepared by C.
T. Male Associates, P.C., professional engineers, concerning the proposed 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 has been filed in the Queensbury Town Clerk's
Office and is available for public inspection, and
WHEREAS, the Map, Plan and Report includes (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
th
WHEREAS, on May 24, 2002 the Town sent a copy of Part I of the EAF and the Report
to all potentially involved agencies including the New York State Department of Environmental
Conservation and New York State Department of Health together with all required
documentation and a letter indicating that the Town Board would be undertaking consideration of
the project identified in the Order, that coordinated SEQRA review with the Queensbury Town
Board as lead agency was desired and that a lead agency must be agreed upon within 30 days, and
WHEREAS, the Town Board was duly designated lead agency for SEQRA review of the
project, and
WHEREAS, by previous Resolution, the Town Board determined that the project would
not have a significant effect on the environment and a Negative Declaration was made, and
WHEREAS, the estimated annual cost to the “typical property” has been filed with the
Town Clerk and is made a part of the Map, Plan and Report, and
th
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
st
1, 2001 and the Town Board has considered the evidence given together with other information,
and
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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
th
,
WHEREASon November 4, 2002, by Resolution No.: 443,2002, the Queensbury Town
Board determined that (a) the notice of 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 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 has 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, the Town wishes to adopt a Final Order creating the District,
NOW, THEREFORE, IT IS
ORDERED, that:
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1. The Route 9 Sewer District be and the same is hereby authorized, approved and
established in accordance with the boundaries and descriptions set forth in Schedule A attached
hereto and in the Map, Plan and Report and construction of the improvement may proceed and
service provided and subject to the following:
A. the obtaining of any necessary permits or approvals from the New York State
Department of Health;
B. the obtaining of any necessary permits or approvals from the New York State
Department of Environmental Conservation;
2. The boundaries of the District shall be as set forth in Exhibit A;
3. The improvements set forth in Exhibit B, as further described in the Map, Plan and
Report, shall be constructed upon the required funds being made available or provided for;
4. The proposed improvements, including cost of rights of way, construction costs,
legal fees and other expenses, shall be financed over up to 30 years using bond anticipation notes
and/or serial bonds. It is hoped that the Town will receive Environmental Facilities Corporation
(EFC) financing for this project;
and
BE IT FURTHER,
ORDERED, that the Town Clerk shall make arrangements to record a certified copy of
this Resolution and Order in the Warren County Clerk’s Office and send a certified copy of this
Resolution and Order to the State Department of Audit & Control at Albany, New York, the
Town of Queensbury Assessor's Office, Community Development Department and Wastewater
Department, within 10 days of the date of adoption of this Order.
4
th
Duly adopted this 10 day of February, 2003, by the following vote:
AYES : Mr. Stec, Mr. Brower, Mr. Boor, Mr. Turner
NOES : None
ABSENT: Mr. Brewer
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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
6
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 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
7
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 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
8
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.
10