347.99
NOTICE OF ADOPTION
At a Regular Meeting of the Town Board of the Town of
Queensbury held on October 18th, 1999 at 7:00 P.M. at the
Town of Queensbury, 742 Bay Road, Queensbury, New York, the
following resolution was passed:
ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED
EXTENSION NO. 3 TO QUEENSBURY TECHNICAL PARK
SEWER DISTRICT
RESOLUTION NO. 347.99
INTRODUCED BY: Mr. Douglas Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Pliney Tucker
WHEREAS, the Town Board of the Town of Queensbury wishes to establish an
extension to the Queensbury Technical Park Sewer District to be known as the
Queensbury Technical Park Sewer District 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 Companies have petitioned the Town for approval to formally
and permanently include their parcels within the Queensbury Technical Park Sewer
District, 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
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along Luzerne Road, 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, a Map, Plan and Report has been prepared by Jarrett-Martin, LLP,
engineers licensed by the State of New York 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 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 wishes to establish the
proposed sewer extension in accordance with Article 12A of Town Law and consolidate
the extension with the Queensbury Technical Park 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
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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 Queensbury
Technical Park Sewer District Extension No.: 3.
2. The boundaries of the proposed extension and benefitted areas of the
Queensbury Technical Park Sewer District are to be 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
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
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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 feet more or less to a point in
the southerly boundary of Sherman Avenue; thence easterly along the said
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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
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the system and inspected visible portions of the system following installation. The Town
will accept the line once the Sewer District Extension is approved.
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 soliciting 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 proposed to be expended to form the district extension
is approximately $4,000 which would be borne by all District Extension #3 members as
follows:
A. Commercial property owners: Average Daily Flow (ADF) in gallons x
$1.10/gallon;
B. Residential property owners: Number of bedrooms x $75/bedroom;
C. Vacant parcel owners: No charge.
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;
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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;
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
proposed at $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 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 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
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with the Town Clerk of the Town of Queensbury and available for public inspection.
9. The Town Board of the Town of Queensbury shall meet and hold a public
hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on
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Monday, November 1, 1999 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 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.
11. 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.
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 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 of the Town of
Queensbury as Lead Agency is desired and that a Lead Agency must be agreed upon
within 30 days.
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Duly adopted this 18 day of October, 1999, by the following vote:
AYES : Mr. Tucker, Mr. Merrill, Mr. Irish, Mr. Champagne
NOES : None
ABSENT: Mr. Turner
I, Darleen M. Dougher, Town Clerk of the Town of Queensbury, Warren County, New
York, do hereby certify that I have compared the foregoing with the original resolution as
listed above adopted at a Regular Meeting of the Town Board of the Town of Queensbury
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on the 18 day of October, 1999, at which a quorum was present and that the same is a
correct transcript therefrom and of the whole original thereof to date.
IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of
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Queensbury, this 19 day of October, 1999.
SEAL SIGNED_________________________
Darleen M. Dougher-Town Clerk
DATED: October 22, 1999
Darleen M. Dougher
Town Clerk-Queensbury
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