181.2000
RESOLUTION AND FINAL ORDER APPROVING ESTABLISHMENT OF
QUEENSBURY TECHNICAL PARK SEWER DISTRICT EXTENSION NO. 3
TO QUEENSBURY TECHNICAL PARK SEWER DISTRICT
RESOLUTION NO.: 181, 2000
INTRODUCED BY: Mr. James Martin
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
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 Extension No. 3,
and
WHEREAS, CVS Pharmacy and the West Glens Falls Fire Company, Inc., (Companies)
previously obtained approval to construct a sewer line extending along Luzerne Road to provide sewer
service to their parcels and by temporary agreement with the City of Glens Falls, this sewer line
connects to the City’s municipal sewer system, and
WHEREAS, the Town of Queensbury has initiated the process to extend the Queensbury
Technical Park Sewer District in an effort to serve these parcels and others along Luzerne Road,
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Queensbury and on April 6, 1999, the Town conducted a public information meeting to explain the
sewer district formation process and invite property owners along Luzerne Road to join the proposed
district, and
WHEREAS, Jarrett-Martin, LLP, engineers licensed by the State of New York, prepared a
Map, Plan and Report regarding the proposed extension to the existing Queensbury Technical Park
Sewer District to permanently serve the Companies and other interested property owners along
Luzerne Road extending from Western Avenue approximately ¼ mile west to the intersection with
Veterans Road, Queensbury, such area consisting of approximately 65 acres of land as more
specifically set forth and described in the Map, Plan and Report, and
WHEREAS, the Map, Plan and Report was 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
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WHEREAS, on October 18, 1999, the Town Board adopted an Order (the “Public Hearing
Order”) reciting (a) boundaries of the proposed Sewer District; (b) proposed improvements; (c) the
maximum amount proposed to be expended for the improvement; (d) estimated cost of hook-up fees
(if any) and cost of the Sewer District to the typical property and typical one or two family home (if not
the typical property); (e) proposed method of financing to be employed; (f) that a Map, Plan and
Report describing the improvements is on file in the Town Clerk’s Office; and (g) time and place of the
public hearing on the proposed Sewer District; (h) that all the expenses of the district, including all
extensions, shall be a charge against the entire area of the district as extended; and
WHEREAS, copies of the Public Hearing Order were duly published, posted and filed with the
State Comptroller’s Office 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
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WHEREAS, a public hearing on the proposed Sewer District was duly held on November 1,
1999 and the Town Board considered all information concerning the proposed Extension, and
WHEREAS, the Town Board considered the establishment of the Extension in accordance
with the provisions of the State Environmental Quality Review Act and adopted a Negative
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Declaration concerning environmental impacts, and
WHEREAS, the Town Board also adopted a Resolution approving the extension of the
District subject to a permissive referendum, and
WHEREAS, the Certificate of the Town Clerk required to be filed in accordance with
Subdivision 4, Town §209-e establishes that no petition was filed requesting a referendum, and
WHEREAS, State Comptroller approval is not necessary, and
WHEREAS, the Town Board wishes to establish the proposed Sewer Extension as detailed in
the Map, Plan and Report, consolidate the Extension with the Queensbury Technical Park Sewer
District in accordance with Town Law §206-a and adopt a Final Order extending the Queensbury
Technical Park Sewer District,
NOW, THEREFORE, IT IS
ORDERED, the Queensbury Town Board hereby determines that:
1.The Notice of Public Hearing was published and posted as required by law.
2.It is in the public interest to establish, authorize, and approve Queensbury Technical Park Sewer
District Extension No. 3 to the Queensbury Technical Park Sewer District as described in the Map,
Plan and Report on file with the Queensbury Town Clerk and as more specifically described in this
Final Order;
3.All property and property owners within the extension are benefited;
4.All property and property owners benefited are included within the limits of the extension;
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5.In accordance with New York State Town Law §206-a, it is in the public interest to assess all
expenses of the District, including all its extensions, as a charge against the entire area of the
District as extended and it is in the public interest to extend the District only if all expenses of the
District are assessed against the entire extended District; and
IT IS FURTHER,
ORDERED, that:
1.The Queensbury Town Board hereby authorizes, approves and establishes Queensbury
Technical Park Sewer District Extension No. 3 to the Queensbury Technical Park Sewer
District in accordance with the boundaries and descriptions set forth in this Final Order and in
the Map, Plan and Report.
2.The boundaries of Queensbury Technical Park Sewer District Extension No. 3 to the
Queensbury Technical Park Sewer District are as follows:
Beginning at a point at the intersection of the southerly boundary of Luzerne Road with the
westerly boundary of Western Avenue, said point being in the division line between the Town
of Queensbury on the West and the City of Glens Falls on the East, and running thence from
said point of beginning westerly along the said southerly boundary of Luzerne Road 45.59 feet
to a point in the easterly boundary of lands now or formerly of Keith F. Cavayero and Elysa H.
Baron; thence southwesterly along the said easterly boundary of lands now or formerly of
Keith F. Cavayero and Elysa H. Baron 85.12 feet to a point in the northerly boundary of lands
now or formerly of Berkshire-Queensbury, LLC; thence southerly along the easterly boundary
of said lands now or formerly of Berkshire-Queensbury, LLC 62.74 feet to a point; thence
continuing southerly along the said easterly boundary of lands now or formerly of Berkshire-
Queensbury, LLC 147.32 feet to a point in the northerly boundary of Main Street; thence
westerly along the said northerly boundary of Main Street 171.16 feet to a point; thence
northerly along the westerly boundary of said lands now or formerly of Berkshire-Queensbury,
LLC 150.00 feet to a point; thence westerly along the southerly boundary of said lands now or
formerly of Berkshire-Queensbury, LLC 60.00 feet to a point; thence northerly along the
westerly boundary of said lands now or formerly of Berkshire-Queensbury, LLC 63.64 feet to
a point in the southerly boundary of the aforementioned lands now or formerly of Keith F.
Cavayero and Elysa H. Baron; thence northerly along the westerly boundary of said lands now
or formerly of Keith F. Cavayero and Elysa H. Baron 256.04 feet to a point in the southerly
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boundary of Luzerne Road; thence westerly along the said southerly boundary of Luzerne
Road 299.67 feet to a point in the easterly boundary of lands now or formerly of Richard E.
and Marie E. Albert; thence southerly along the said easterly boundary of lands now or
formerly of Richard E. and Marie E. Albert 290 feet more or less to a point; thence westerly
along the southerly boundary of said lands now or formerly of Richard E. and Marie E. Albert
and the southerly boundary of lands now or formerly of Duane L. and Monica A. Ricketson
185 feet more or less to a point; thence northerly along the westerly boundary of said lands
now or formerly of Duane L. and Monica A. Ricketson 290 feet more or less to a point in the
southerly boundary of Luzerne Road; thence westerly along the said southerly boundary of
Luzerne Road 206 feet more or less to a point in the easterly boundary of lands now or
formerly of Diana S. Tabor; thence southerly along the said easterly boundary of lands now or
formerly of Diana S. Tabor 417 feet more or less to a point; thence westerly along the
southerly boundary of said lands now or formerly of Diana S. Tabor 60 feet more or less to a
point; thence northerly along the westerly boundary of said lands now or formerly of Diana S.
Tabor 290 feet more or less to a point; thence westerly along the southerly boundary of said
lands now or formerly of Diana S. Tabor 60 feet more or less to a point; thence northerly along
the westerly boundary of said lands now or formerly of Diana S. Tabor 150 feet more or less to
a point in the southerly boundary of Luzerne Road; thence westerly along the said southerly
boundary of Luzerne Road 60 feet more or less to a point in the easterly boundary of lands
now or formerly of Susan L. Craton; thence southerly along the said easterly boundary of lands
now or formerly of Susan L. Craton 239.82 feet to a point; thence westerly along the southerly
boundary of said lands now or formerly of Susan L. Craton 58.80 feet to a point in the easterly
boundary of lands now or formerly of Joseph and Elizabeth Viger; thence southerly along the
said easterly boundary of lands now or formerly of Joseph and Elizabeth Viger 6 feet more or
less to a point; thence westerly along the southerly boundary of said lands now or formerly of
Joseph and Elizabeth Viger 60 feet more or less to a point; thence northerly along the westerly
boundary of said lands now or formerly of Joseph and Elizabeth Viger 4 feet more or less to a
point in the southerly boundary of lands now or formerly of The Town of Queensbury Post
6196 Veterans of Foreign Wars; thence westerly along the said southerly boundary of lands
now or formerly of the Town of Queensbury Post 6196 Veterans of Foreign Wars 165 feet
more or less to a point in the easterly boundary of Richardson Street; thence northerly along
the said easterly boundary of Richardson Street 250 feet more or less to a point in the southerly
boundary of Luzerne Road; thence northwesterly crossing Luzerne Road to a point at the
intersection of the northerly boundary of Luzerne Road with the easterly boundary of Veterans
Road; thence westerly along the said northerly boundary of Luzerne Road 670 feet more or
less to a point in the westerly boundary of lands now or formerly of the City of Glens Falls;
thence northerly along the said westerly boundary of lands now or formerly of the City of
Glens Falls 710 feet more or less to a point in the southerly boundary of lands now or formerly
of Niagara Mohawk Power Corporation thence westerly along the said southerly boundary of
lands now or formerly of Niagara Mohawk Power Corporation 680 feet more or less to a
point; thence northerly along the westerly boundary of lands now or formerly of Niagara
Mohawk Power Corporation and the westerly boundary of lands now or formerly of The City
of Glens Falls 750 feet more or less to a point; thence easterly along the northerly boundary of
lands now or formerly of The City of Glens Falls 260 feet more or less to a point; thence
northerly along the westerly boundary of lands now or formerly of The City of Glens Falls 860
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feet more or less to a point in the southerly boundary of Sherman Avenue; thence easterly
along the said southerly boundary of Sherman Avenue 1200 feet more or less to a point at the
intersection of the said southerly boundary of Sherman Avenue with the easterly boundary of
Veterans Road; thence southerly along the said easterly boundary of Veterans Road 300 feet
more or less to a point in the northerly boundary of Harris Street; thence southwesterly 65 feet
more or less to a point in the easterly boundary of Veterans Road; thence southerly along the
said easterly boundary of Veterans Road; thence southerly along the said easterly boundary of
Veterans Road 1110 feet more or less to a point in the northerly boundary of lands now or
formerly of West Glens Falls Volunteer Fire Company No. 1; thence easterly along the said
northerly boundary of lands now or formerly of West Glens Falls Volunteer Fire Company No.
1 450 feet more or less to a point; thence southerly along the easterly boundary of lands now or
formerly of West Glens Falls Volunteer Fire Company No. 1 620 feet more or less to a point in
the northerly boundary of Luzerne Road; thence easterly along the said northerly boundary of
Luzerne Road 673 feet more or less to a point in the westerly boundary of lands now or
formerly of David and Anna Hunt; thence northerly along the said westerly boundary of lands
now or formerly of David and Anna Hunt 158.48 feet to a point; thence easterly along the
northerly boundary of said lands now or formerly of David and Anna Hunt 81.05 feet to a
point in the westerly boundary of Holden Avenue; thence southerly along the said westerly
boundary of Holden Avenue 166.14 feet to a point in the northerly boundary of Luzerne Road;
thence easterly along the said northerly boundary of Luzerne Road 192.67 feet to a point in the
westerly boundary of lands now or formerly of Christine Grigsby; thence northerly along the
said westerly boundary of lands now or formerly of Christine Grigsby 125 feet to a point in the
southerly boundary of lands now or formerly of Hayes and Hayes, LLC; thence westerly along
the said southerly boundary of lands now or formerly of Hayes and Hayes, LLC 45 feet to a
point; thence northerly along the westerly boundary of said lands now or formerly of Hayes and
Hayes, LLC 287.16 feet to a point; thence easterly along the northerly boundary of said lands
now or formerly of Hayes and Hayes, LLC 115 feet to a point in the westerly boundary of
Western Avenue; thence southerly along the said westerly boundary of Western Avenue
451.12 feet to a point at the intersection of the said westerly boundary of Western Avenue with
the northerly boundary of Luzerne Road; thence continuing southerly along the westerly
boundary of Western Avenue and crossing said Luzerne Road 50 feet more or less to the point
of beginning.
3.The sanitary sewer was constructed along Luzerne Road starting at a point approximately 240’
east of the center line of Western Avenue, adjacent to an existing City of Glens Falls sewer
manhole. The sewer extends westward across Western Avenue for a total of approximately 1365’
to a terminal manhole located at the southeast corner of the West Glens Falls Fire Company
parking lot. The sewer pipe is 8” PVC and the manholes are 4’ diameter precast concrete. The
Town of Queensbury obtained record drawings of the system and inspected visible portions of the
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system following installation. The Town hereby accepts the line.
4.The sewer system to serve the proposed district extension is existing and was constructed and paid
for by the owners of the two parcels who solicited the Town for formation of the sewer district
extension- CVS Pharmacy and the West Glens Falls Volunteer Fire Company, Inc. Other property
owners joining the district will not be liable for any capital costs other than installation of sewer
laterals to connect to the sewer main. Individual costs for sewer lateral installation will vary
depending on the distance away from the sewer main, whether crossing Luzerne Road is necessary
and subsurface conditions such as utilities, groundwater and bedrock. Typical sewer lateral
installation costs have been at least several thousand dollars.
5.The maximum amount which was proposed to be expended to form the district extension is
approximately $4,000 which has been borne by the properties in District Extension #3.
All district members will be liable for purchase of capacity of treatment from the City of Glens
Falls. The Town of Queensbury will purchase capacity necessary for the district and district members
will reimburse the Town for that cost from the following formula:
A. Commercial property owners: ADF x $1.35/gallon;
B. Residential property owners: included in district formation charges (shown above);
C. Vacant property owners: charged at commercial or residential rate after property
is developed;
Certain district members have already purchased such capacity and will not have to do so again
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upon receipt of proof of full payment deemed satisfactory by the Town’s Deputy Director of
Wastewater.
The areas or properties that comprise the extension will also be subject to the same cost for
operation, maintenance and capital improvements as in the Queensbury Technical Park Sewer District.
6.Annual user fees charged to district members connected to the sewer are estimated to be
$2.20/1,000 gallons of metered domestic water usage. This figure is based on the charges paid by
other members of the Queensbury Technical Park Sewer District. This fee includes operation and
maintenance of sewers within the district as well as the sewage disposal and treatment by the Glens
Falls Wastewater Treatment Plant. The average residential user within this district extension is
expected to pay:
225 gpd x 365 days/year x $2.20/1,000 gal = approximately $180 per year.
Members of the district not connected to the sewer system would not be charged a user fee.
7. In accordance with Town Law §206-a, all future expenses of the Queensbury Technical Park
Sewer District, including all extensions, shall be a charge against the entire area of the District
as extended;
8. Expenses incurred after the extension is created shall be assessed, levied, and/or collected from
the several lots and parcels of land within the extension on the same basis as the assessments,
levies, and/or collections are made in the Queensbury Technical Park Sewer District and such
assessments shall be made on a benefit basis and/or user charge basis;
9. The Map, Plan and Report describing the improvements, area involved, detailed explanation of
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how the hook-up fees and the cost of the District to the typical property, and, if different, the
typical one or two family home was computed, is on file with the Queensbury Town Clerk and
is available for public inspection.
and
BE IT FURTHER,
ORDERED, that the Town Board authorizes and directs the Town Clerk 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 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.
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Duly adopted this 17 day of April, 2000, by the following vote:
AYES : Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower
NOES : None
ABSENT: None
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