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360.99 RESOLUTION APPROVING EXTENSION NO. 3 TO QUEENSBURY TECHNICAL PARK SEWER DISTRICT RESOLUTION NO. 360. 99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill 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 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, th 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 st WHEREAS, on November 1, 1999, subsequent to the filing of the Plan with the Town Clerk, the Town Board adopted an Order (the “Public Hearing Order”) reciting (a) the boundaries of the proposed Sewer District; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvement; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk’s Office; and (g) the time and place of a public hearing on the proposed Sewer District; (h) that all the expenses of the district, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the district as extended; and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all 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 st WHEREAS, a public hearing on the proposed Sewer District was duly held on November 1, 1999 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board of the Town of Queensbury wishes to establish the proposed 2 Sewer Extension as detailed in the Map, Plan and Report 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, the Town Board has considered the establishment of the Sewer District Extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that: 1.The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2.All property and property owners within the extension are benefited; 3.All property and property owners benefited are included within the limits of the extension; 4.It is in the public interest to establish, authorize, and approve the Queensbury Technical Park Sewer District Extension No. 3 to the existing Queensbury Technical Park Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk as more specifically described 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 3 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 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 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 4 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. 5. In accordance with §206-a of the Town Law of the State of New York, it is in the public interest to assess all expenses of the district, including all extensions heretofore or hereafter established 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 shall be assessed against the entire district as extended; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the Queensbury Technical Park Sewer District Extension No. 3 in accordance with the boundaries and descriptions set forth herein and in the previously described Map, Plan and Report and construction of the improvements may proceed and service provided subject to the following; 1. The obtaining of any necessary permits or approvals from the New York State Department of Health; 2. The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 5 3. A permissive referendum in the manner provided in New York State Town Law Article 7; and 4. The adoption of a Final Order by the Town Board of the Town of Queensbury; and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in the manner provided by the provisions of New York State Town Law Articles 7 and 12-A and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a supply to any person requesting such petition. st Duly adopted this 1 day of November, 1999, by the following vote: AYES : Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT:None 6