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241.98 ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSION TO THE QUEENSBURY TECHNICAL PARK SEWER DISTRICT TO BE KNOWN AS THE TECHNICAL PARK SEWER DISTRICT EXTENSION NO. 2 RESOLUTION NO. : 241, 98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing an extension to the Queensbury Technical Park Sewer District to be known as the Technical Park Sewer District Extension No. 2, and WHEREAS, Amerada Hess Corporation (the “Developer”) has agreed to make all necessary improvements and pay all the costs of such extension, and WHEREAS, a Map, Plan and Report has been prepared by James E. Mitchell, P.E., of The Environmental Design Partnership, LLP (EDP), an Engineer licensed by the State of New York, 900 Route 146, Clifton Park, New York 12065, regarding the proposed extension to the existing Queensbury Technical Park Sewer District to serve an area located along the north side of Dix Avenue, opposite the K-Mart property, just west of the intersection with Quaker Road in the Town of Queensbury such area consisting of those parcels or lots being identified as Tax Map No.’s: 110-1-2.7 and 110-1-1.25 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 of the Town of Queensbury desires to establish the proposed sewer extension pursuant to Town Law, Article 12A, and consolidate the same with the Queensbury Technical Park Sewer District pursuant to Town Law §206A, 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 Town Board of the Town of Queensbury shall hold a public hearing and consider establishing the proposed extension to the Queensbury Technical Park Sewer District previously described in this Resolution and to be known as the Technical Park Sewer Extension No. 2. 2 2. The boundaries of the proposed extension and benefitted areas of the Queensbury Technical Park Sewer District are to be as follows: All that certain parcel of land located on the northerly side of Dix Avenue in the Town of Queensbury, Warren County, New York, and which said parcel is more particularly bounded and described as follows: Beginning at a point in the northerly bounds of Dix Avenue approximately 842 feet westerly of the westerly bounds of New York State Route 254, also known as Quaker Road and which said point is also located at a distance of 353.22 feet, measured westerly along said northerly bounds, from the southeasterly corner of premises conveyed by George P. Powhida, administrator of the Estate of Michael Powhida, and administrator of the Estate of Helen Powhida, to Gerald J. Hewlett and Roger G. 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 point of beginning in a general westerly direction and along the northerly bounds of said Dix Avenue, North 65 degrees 06 minutes 40 seconds West for a distance of 172.68 feet to a point; running thence in a general northerly direction on a course which is perpendicular to the northerly bounds of said Dix Avenue, North 24 degrees 53 minutes 20 seconds East for a distance of 292.24 feet to a point; running thence in a southeasterly direction, South 40 degrees 15 minutes 50 seconds East for a distance of 190.30 feet to a point; running thence in a general southerly direction, South 24 degrees 53 minutes 20 seconds West for a distance of 212.27 feet to the point of beginning containing 1.00 acre of land. ALSO ALL THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND SITUATE in the Town of Queensbury, County of Warren, State of New York lying at the intersection of the northerly line of Dix Avenue, County Road No. 42 and the southwesterly line of Quaker Road, County Road No. 70, N.Y.S. Route 254-Scenic Highway and being further bounded and described as follows: Beginning at a point marked with a concrete monument set at the point of intersection on the northerly line of Dix Avenue, County Road No. 42 with the common division line of lands now or formerly of Michael Mango and George S. Khachadourian as conveyed in Book 905 of Deeds at Page 84 to the west and the 3 parcel herein being described to the east; thence from said point of beginning along said common division line, North 24 deg. 53 min. 20 sec. East, 50.00 feet to a point being the most southerly corner of other lands nor or formerly of George S. Khachadourian and Michael Mango as conveyed in Book 929 of Deeds at Page 25, said point located North 83 deg. 20 min. West, 0.3 feet from a bent capped iron rod found; thence along the common division line of said lands of George S. Khachadourian and Michael Mango as conveyed in Book 929 of Deeds at Page 25 to the northwest and the parcel of land herein being described to the southeast, North 48 deg. 20 min. 50 sec. East, 303.51 feet to a point in the southwest line of Quaker Road, County Road No. 70, N.Y.S. Route 254- Scenic highway, said point located North 37 deg. 20 min. West, 0.3 feet from a capped iron rod found; thence along said southwest line and the west line of Quaker Road the following three (3) courses and distances: 1) South 32 deg. 13 min. 30 sec. East, 151.35 feet to a point, said point located North 37 deg. 55 min. West, 1.0 feet from a concrete monument found 1.1 feet below the ground; 2) South 28 deg. 38 min. 10 sec. East, 396.00 feet to a point marked with a masonry nail set in asphalt pavement; 3) South 61 min. 21 min. 50 sec. West, 12.00 feet to a point marked with a masonry nail set in pavement at the point of intersection of the west line of Quaker Road and the northerly line of Dix Avenue; thence along said northerly line of Dix Avenue the following two (2) courses and distances: 1) North 65 deg. 15 min. 10 sec. West, 477.17 feet to a point; 2) North 65 deg. 06 min. 40 sec. West, 82.04 feet to the point or place of beginning of said parcel containing 2.295 ??? acres or 99,986 ??? square feet of land. Said parcel made subject to any and all enforceable covenants, conditions, easements and restrictions of record as they may appear. 3. The proposed improvements shall consist of the purchase and installation of approximately 365 lf of sewer main running from the area proposed to be included in the 4 extension to an existing sewer main in the Queensbury Technical Park Sewer District, as more specifically set forth in the Map, Plan and Report prepared by James E. Mitchell, P.E. of The Environmental Design Partnership, LLP (EDP), and the cost shall also include a payment of the appropriate charge due the City of Glens Falls at the time of the initial hook-up. 4. All proposed construction shall be installed and paid for by the Developer (including the cost payable to the City at the time of initial hook-up) and shall be constructed and installed 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. 5. The maximum amount proposed to be expended for said improvement will not be greater than $27,200, plus a one time buy-in fee estimated to be $1.35 per gallon of average daily flow, which in this case would be $3,024, or a total of $30,224. Such improvement costs shall be paid by the Developer and there shall be no cost to the Town of Queensbury or the Queensbury Technical Park Sewer District, for the proposed extension. The areas or properties that comprise the extension, however, will be subject to the same cost for operation, maintenance and capital improvements as in the Queensbury Technical Park Sewer District. 6. There will be no financing of the construction or installation cost for the proposed sewer extension and no amount shall be paid therefor by the extension, the Town 5 of Queensbury or the Queensbury Technical Park Sewer District, the Developer being completely responsible for the same, as well as the charge payable to the City at the time of the initial connection of the extension. 7. The average estimated cost of hook-up fees to the typical property will be $1,410. The estimated annual cost of the extension to the typical property will be $0 per $1,000 assessed value for debt service and approximately $900 for metered water usage; the total estimated annual cost range from $325 to $1,475. 8. In accordance with Town Law §206A, 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. 9. The Map, Plan and Report describing the improvements and area involved and a detailed explanation of 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, are on file with the Town Clerk of the Town of Queensbury and available for public inspection. 10. The Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, th New York at 7:00 p.m., on July 6, 1998 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. 6 11. The Town Board will proceed with considering the extension and hold such public hearing only if the Developer executes an agreement concerning the extension in a form acceptable to Town Counsel prior to such hearing. 12. The Town Board of the Town of Queensbury 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. 13. 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. 14. 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 7 with the Town Board of the Town of Queensbury as Lead Agency is desired and that a Lead Agency must be agreed upon within 30 days. th Duly adopted this 15 day of June, 1998, by the following vote: AYES : Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES : None ABSENT: None 8