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419.2003 ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED QUEENSBURY TECHNICAL PARK SEWER DISTRICT EXTENSION NO. 5 RESOLUTION NO. : 419, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury Technical Park Sewer District to be known as the Queensbury Technical Park Sewer District Extension No. 5, and WHEREAS, a Map, Plan and Report has been prepared by Dennis MacElroy, P.E., The Environmental Design Partnership, engineers licensed by the State of New York regarding the proposed extension to the existing Queensbury Technical Park Sewer District to permanently serve a single parcel of land located along Dix Avenue west of the intersection with Quaker Road on which Garvey Hyundai is situated and identified as tax map parcel no.: 110.1-1-27 and 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 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 12A and consolidate the extension with the Queensbury Technical Park Sewer District in accordance with Town Law §206-a, and WHEREAS, Part I of a Long Environmental Assessment Form has been prepared and presented at this meeting and a coordinated SEQRA review is desired, NOW, THEREFORE, IT IS ORDERED: 1. The Queensbury Town Board shall hold a public hearing to consider establishment of the proposed Extension No. 5 to the Queensbury Technical Park Sewer District described in this Resolution to be known as the Queensbury Technical Park Sewer District Extension No.: 5. 2. The boundaries of the proposed extension and benefitted areas of the Queensbury Technical Park Sewer District are to be as follows: All that tract or parcel of land situate in the Town of Queensbury, County of Warren, State of New York, located on the northerly side of Dix Avenue, in said Town, bounded and described as follows: Beginning at a point in the northerly line of Dix Avenue at a distance of 548.44 feet, easterly, measured along said northerly line from an iron rod marking the division line between the City of Glens Falls, on the West, and the Town of Queensbury, on the East, and which said rod also marks the southwest corner of those premises conveyed by George P. Powhida, Administrator of the Estates of Michael Powhida and Helen Powhida, to Gerald J. and Roger Hewlett, by Deed dated June 8, 1978, and recorded in the Warren County Clerk’s Office in Book 614 of Deeds at Page 824; running thence from the place of beginning, in a northerly direction on a curve to the right, having a radius of 50 feet, from a forward tangent of North 65 degrees 06 minutes 40 seconds West, for a distance of 60.25 feet; thence North 03 degrees 55 minutes 40 seconds East, and along the easterly line of a 50 foot wide right-of-way, for a distance of 512.20 feet to a point of curve; thence on a curve to the right, having a radius of 300 feet, for a distance of 220.10 feet; thence South 44 degrees 02 minutes 10 seconds East for a distance of 219.13 feet to a point of a curve; thence on a curve to the right, having a radius of 150 feet, for a distance of 180.45 feet; thence South 24 degrees 53 minutes 20 seconds West for a distance of 334.10 feet to a point of curve; thence on a curve to the right, having a radius of 50 feet, for a distance of 78.54 feet to a point in the northerly line of Dix Avenue; thence North 65 degrees 06 minutes 40 seconds West, along said northerly line, for a distance of 337.92 feet to the place of beginning. Containing 6.965 acres of land, more or less. 2 The property is subject to a drainage ditch as described in a writing dated April 30, 1886 and recorded in the Warren County Clerk’s Office July 30, 1886 in Book 51 of Deeds at Page 542 and further described in a second writing dated November 8, 1889 and recorded in the Warren County Clerk’s Office April 18, 1891 in Book 63 of Deeds at Page 88. 3. The single parcel of land in this proposed Sewer District Extension has on it an existing business known as Garvey Hyundai. The proposed connection to the existing municipal sewer system will involve a force main lateral to an existing manhole thus no additional piping or structures will be constructed for dedication to the district. Work within the public right-of-way on Dix Avenue will be minimal. Plans and details for this new connection are shown on the Map, Plan and Report. Flows from this proposed Extension will be transported by existing sewers in the Technical Park Sewer District and will be discharged to the City of Glens Falls sewer collection system for treatment at the City of Glens Falls Sewage Treatment Facility. 4. All costs of construction, legal and engineering fees shall be the responsibility of the sole property owner. 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 District Extension is approximately $13,820 which would be borne by the sole property owner. This estimate includes the capital cost of construction as well as the one-time buy-in fee for capacity at the Glens Falls Sewage Treatment Facility in the amount of $900. The current operation and maintenance use fee in the district is $3.50 per 1,000 gallons of metered water usage. The property within the Extension will be taxed and/or assessed user fees for the operation and maintenance charges required for the entire district. All user fees and taxes will be based upon the same formulas as are presently used in the Queensbury Technical Park Sewer District. 6. The capital cost of the project will be totally financed and paid for by the property owner and therefore, there will be no financing cost or tax increase in the existing Technical Park Sewer District. The operation and maintenance cost for the single property in Extension No. 5 is estimated to 3 be $1,150 per year based upon an estimated water use of 900 gallons per workday. There are no residential properties in Extension No. 5, just the single commercial property. Therefore, typical costs for residential properties of varying assessments are not required. 7. In accordance with Town Law §206-a, all future expenses of the Queensbury Technical Park Sewer District, including all extensions included heretofore or hereafter established shall be a charge against the entire area of the district as extended. 8. 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. 9. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, th 742 Bay Road, Queensbury at 7:00 p.m., on Monday, October 6, 2003 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 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. 11. The Town Board authorizes and directs the Queensbury Community Development Department to prepare a report on any environmental impacts that should be considered at the time a SEQRA review is conducted. 12. The Town Board hereby authorizes and directs the Community Development Department to send a copy of this Resolution, Part I of the Environmental Assessment Form and a copy of the 4 Map, Plan and Report to all potentially involved agencies and to the New York State Department of Environmental Conservation and New York State Department of Health together with all documentation to be sent out with a letter indicating that the Town Board is about to undertake consideration of the project identified in this Resolution, that a coordinated SEQRA review with the Town Board as Lead Agency is desired and that a Lead Agency must be agreed upon within 30 days. nd Duly adopted this 22 day of September, 2003, by the following vote: AYES : Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES : None ABSENT: Mr. Turner 5