506.2002
NOTICE OF ADOPTION
At a Regular Meeting of the Town Board of the Town of Queensbury
held on December 16, 2002 at 7:00 P.M. at the Queensbury Center,
Town of Queensbury, 742 Bay Road, Queensbury, New York, the
following resolution was passed:
ORDER SETTING PUBLIC HEARING FOR PROPOSED EXTENSION NO.
8 TO CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT –
NORTHWAY PLAZA SHOPPING CENTER
AND RAY SUPPLY COMPANY
RESOLUTION NO. 506, 2002
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board wishes to establish an extension to the Central
Queensbury Quaker Road Sewer District to be known as Central Queensbury Quaker Road Sewer
District Extension No. 8, and
WHEREAS, a Map, Plan and Report has been prepared by The LA Group, P.C., engineers
licensed by the State of New York regarding the proposed Sewer District Extension to serve a
proposed new Home Depot to be constructed in the Northway Plaza, as well as the Ray Supply
Company, such parcels bearing Tax Map No.’s: 296.18-1-46 (portion); 296.18-1-47; 296.18-1-46
(portion) and 296.17-1-35 as more specifically set forth and described in the Map, Plan and Report,
and
WHEREAS, the Town Board accepts such Map, Plan and Report as the Map, Plan and
Report for the proposed Sewer District Extension and such 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 Extension in
accordance with Town Law Article 12A and consolidate the Extension with the Central Queensbury
Quaker Road Sewer District in accordance with Town Law §206A, and
WHEREAS, Part I of an 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 Town Board shall hold a public hearing to consider establishment of the
previously described proposed extension to the Central Queensbury Quaker Road Sewer District to
be known as Central Queensbury Quaker Road Sewer District Extension No. 8.
2.The boundaries of the proposed Extension and benefited areas of the Central
Queensbury Quaker Road Sewer District are as set forth in Exhibit C of the Map, Plan and Report
previously described in this Order and as follows:
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 easterly bounds of
Montray Road at the southwest corner of lands conveyed to Lillian Beswick by deed
dated September 5, 1979, recorded in book 625 of deeds at page 899; running thence
along said lands of Beswick, South 76 degrees, 07 minutes and 35 seconds East, a
distance of 404.01 feet to the southeast corner thereof in the westerly bounds of lands
of the Town of Queensbury, Pineview Cemetery; thence running along the same,
South 07 degrees, 22 minutes and 06 seconds West, a distance of 535.48 feet; thence
running North 67 degrees, 30 minutes and 30 seconds West, along the northerly
bounds of the lands conveyed by Gertrude R. Stone to Northway Plaza Associates
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LLC by deed dated May 11, 2000, recorded in book 1166 of deeds at page 12 a
distance of 314.74 feet; thence running North 24 degrees, 18 minutes and 16 seconds
West, a distance of 67.53 feet; thence running North 13 degrees, 09 minutes and 53
seconds East, a distance of 209.54 feet; thence running North 72 degrees, 44 minutes
and 07 seconds West, a distance of 121.65 feet to the easterly bounds of said
Montray Road; thence running northerly along a curve to the left having a radius of
254.90 feet, a distance of 222.41 feet to the point and place of beginning, containing
4.22 acres of land to be the same more or less; and
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 Montray Road, at the northeast corner of lands willed to Charles E. Moore by will
recorded in book 750 of deeds at page 259; running thence along said Montray Road
the following three courses and distances:
(1)South 83 degrees, 22 minutes and 00 seconds East, a distance of 49.75 feet;
(2)Running along a curve to the left having a radius of 366.22 feet, a distance of
269.86 feet;
(3)Continuing along a curve to the left having a radius of 254.90 feet, a distance
of 104.40 feet; thence running through the lands of the leasor herein the
following seven courses and distances:
(1)South 72 degrees, 44 minutes and 07 seconds East, a distance of
121.65 feet;
(2)South 13 degrees, 09 minutes and 53 seconds West, a distance of
209.54 feet;
(3)South 24 degrees, 18 minutes and 16 seconds East, a distance of
174.55 feet;
(4)South 20 degrees, 31 minutes and 50 seconds West, a distance of
292.89 feet;
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(5)North 69 degrees, 27 minutes and 28 seconds West, a distance of
327.69 feet;
(6)South 85 degrees, 34 minutes and 39 seconds West, a distance of
65.94 feet;
(7)North 68 degrees, 36 minutes and 16 seconds West, a distance of
183.61 feet to the southeast corner of the lands retained by Bork and
Potenza; thence running along said lands the following three courses
and distances:
(1)North 32 degrees, 51 minutes and 41 seconds East, a
distance of 51.73 feet;
(2)North 20 degrees, 332 minutes and 32 seconds East, a
distance of 259.10 feet;
(3)North 69 degrees, 27 minutes and 28 seconds West, a
distance of 16.99 feet to the southeast corner of said lands
of Moore; thence running along said lands North 06
degrees, 38 minutes and 00 seconds East, a distance of
97.33 feet to the point and place of beginning, containing
6.33 acres of land to be the same more or less; and
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 easterly bounds of
said lands at the southwest corner of lands of the Pineview Cemetery Association;
thence running South 07 degrees, 29 minutes and 00 seconds West, a distance of
45.00 feet; thence running North 67 degrees, 23 minutes and 00 seconds West, a
distance of 311.54 feet; thence running North 20 degrees, 31 minutes and 50 seconds
East a distance of 235.27; THENCE RUNNING north 24 degrees, 18 minutes and
16 seconds West, a distance of 107.03 feet; thence running South 67 degrees, 30
minutes and 30 seconds East, a distance of 314.74 feet to a point in the westerly
bounds of said Pineview Cemetery Association; thence running South 07 degrees, 29
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minutes and 00 seconds West, a distance of 275.00 feet to the point and place of
beginning, containing 2.02 acres of land to be the same more or less.
Bears given in the above descriptions refer to magnetic North.
SUBJECT to easements of record.
3. All wastewater generated by the new Home Depot will discharge into the existing
sewer collection system within the Northway Plaza. Proposed Sewer Extension improvements
consist of extending the existing gravity sewer collection system in the Northway Plaza to within 50
feet of the new Home Depot building. The work will include installation of 1,055 feet of pvc sewer
pipe, in-line cleanouts and pre-cast concrete sanitary manhole structures. Ray Supply Company will
utilize an existing gravity sewer lateral installed by the Wal-Mart Sewer District Extension to connect
into Town facilities and such improvements will also include installation of 25 feet of pvc pipe, in-line
cleanouts and abandonment of the existing on-site septic disposal system. All such Sewer Extension
improvements are more specifically delineated in the Map, Plan and Report. The cost shall include a
buy-in to the City of Glens Falls Wastewater Treatment Plant for the Ray Supply Company
connection in the amount of $135 ($1 per gallon fee x 135 gpd) due at the time of initial hook-up.
The Town will waive the buy-in fee for the Northway Plaza since a net decrease in project use is
anticipated.
4. All costs of construction, legal and engineering fees shall be the responsibility of the
Northway Plaza, developer for the proposed Home Depot store, and the Ray Supply Company and
are not intended to be shared by other users within the Sewer District in accordance with a formula
delineated in the Map, Plan and Report. 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 cost for the Sewer District Extension improvements will be $27,900.
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If in the future the new Home Depot must install a lift station and force main equipment to maintain
their sewer connection, that preliminary construction cost is approximately $39,300 The areas or
properties that comprise the Extension will be subject to the same cost for operation, maintenance
and capital improvements as in the Central Queensbury Quaker Road Sewer District.
6. The estimated cost of hook-up fees to the typical property will be $0. The estimated
annual cost of the Extension to the properties will be $4,460 and approximately $1,690 for sewer
rents; the total estimated annual cost is $6,150. Since there are none, the estimated annual cost for a
one or two family home would be $0 for debt service and approximately $0 per year for sewer rents
for a total estimated annual cost of $0. There are no one or two family homes in the Extension, so
their hook-up cost would be $0.00. The proposed Extension contains only commercial class
property; there is no residential property. However, the estimated annual cost of the proposed
Extension to the typical one or two family residence if included in such Extension would be $289.20
and approximately $60 for sewer rents. The total estimated annual cost for such property if included
in the Extension would be $350.
7. In accordance with Town Law §206-a, all future expenses of the Central Queensbury
Quaker Road 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, area involved and a detailed
explanation of hook-up fees and cost of the District to the typical property, and, if different, the
typical one or two family home, 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
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Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, January 6, 2003 to consider the Map,
Plan and Report, hear all persons interested in the proposal and take such other and further action as
may be required or authorized by law.
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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.
12. The Town of Queensbury Community Development Department is hereby requested
to prepare a report on any environmental impacts that should be considered at the time a SEQRA
review is conducted.
13. 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
presented at this meeting and a copy of the 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 Queensbury Town Board as Lead Agency is desired and that a
Lead Agency must be agreed upon within 30 days.
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Duly adopted this 16 day of December, 2002, by the following vote:
AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor
NOES : None
ABSENT: None
I, Darleen M. Dougher, Town Clerk of the Town of
Queensbury, Warren County, New York, do hereby
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certify that I have compared the foregoing with
the original resolution entitled Order Setting
Public Hearing For Proposed Extension No. 8 To
Central Queensbury Quaker Road Sewer District-
Northway Plaza Shopping Center and Ray Supply
Company adopted at a Regular meeting of the Town
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Board of the Town of Queensbury held on the 16
day of December 2002 at which a quorum was
present and that the same is a correct transcript
there from 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, the 17th day
of December, 2002.
Dated: 12-23-2002
Darleen M. Dougher
Town Clerk-Queensbury
SEAL
SIGNED:__________________________
Darleen M. Dougher
Town Clerk
Town of Queensbury
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