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046.2009ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE THE RAWSON SUBDIVISION RESOLUTION NO.: 46, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Water District to serve the Rawson Subdivision (Subdivision) on the west side of West Mountain Road in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by G. Thomas Hutchins, P.E., Hutchins Engineering, concerning the proposed water district extension to connect the Subdivision to the existing Queensbury Consolidated Water District water main along the east side of West Mountain Road 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 water district extension, a general plan of the proposed system, a report of the proposed method of operation, the source of water supply and mode of constructing the proposed water district extension improvements, and WHEREAS, a Short Environmental Assessment Form (EAF) was submitted with the Map, Plan and Report and Part I of the EAF was completed by the developer's representatives, and WHEREAS, the Queensbury Town Board wishes to be Lead Agency for purposes of the environmental review required for the project under the State Environmental Quality Review Act (SEQRA), NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The boundaries of the proposed Water District are as set forth in the Map, Plan and Report 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 westerly bounds of the present Queensbury Water District at the northeast corner of lands of Louis Maiocco and in the easterly bounds of the water main easement for the City of Glens Falls and the southeasterly corner of the lands of Mountain Hollow Homeowners Association; thence running North 06 degrees, 51 minutes and 30 seconds East, a distance of 505.57 feet to the southwesterly corner of other lands of Rawson; thence running South 83 degrees, 08 minutes and 30 seconds East, a distance of 308.32 feet to a point in the easterly bounds of said City of Glens Falls water line easement in the westerly bounds of the existing water district; thence running South 38 degrees, 14 minutes and 07 seconds West, along said existing water district line, a distance of 592.16 feet to the place and point of beginning, containing 1.79 acres of land to be the same more or less. Bearings given in the above description refer to magnetic North SUBJECT to easements of record. 2 2. The proposed improvements consist of construction of infrastructure to support the Subdivision which include a horizontal subsurface boring under West Mountain Road to be made to provide access to the Town's water main along the east side of West Mountain Road. A 6" ductile iron water supply will be installed south of the new subdivision road and will dead-end at a fire hydrant in the middle of the cul-de-sac. Individual taps to serve each new building lot will be made to this new 6" water line. All new installations and taps will be coordinated with the Town of Queensbury Water Department. Maintenance of the existing and new facilities will be provided by the Town of Queensbury Water Department. 3. All new capital costs associated with the installation of the new water supply facilities including materials, excavation and labor will be paid by the subdivision developer. There is no cost to the Town or the District for this District Extension. 4. The capital improvements necessary for this service area were provided and paid for by the Subdivision developer and so there will be no debt service costs related to this District Extension to the District. The estimated annual cost of the District Extension to the typical property in the District Extension, which typical property is a typical one family home for operation and maintenance and other charges (assuming an average water usage) is $561. There will be no hook-up fees and the cost to construct a water service connection from the new 6" water main to each new structure and the purchase and installation of a water meter would be included in the total cost of each home. 5. A detailed explanation of how the estimated costs of the District Extension were computed is included in the Map, Plan and Report which has been filed with the Queensbury Town Clerk and is available for public inspection. 6. The developer of the Subdivision will pay all costs of the improvements so there will be no financing required by the Town on behalf of the District. 3 7. The proposed improvements shall be constructed and installed as specifically delineated in the Map, Plan and Report and 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. 8. In accordance with Town Law §206-a, all future expenses of the Queensbury Consolidated Water District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the District as extended. 9. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, February 23rd, 2009 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 maybe required or authorized by law. 10. The Town Board hereby authorizes and directs the Community Development Department to send a copy of the Short Environmental Assessment Form and a copy of the Map, Plan and Report to all potentially involved agencies, the New York State Department of Environmental Conservation and the New York State Department of Health, together with all documentation required to be sent, along with a letter indicating that the Town Board will be undertaking 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. 11. The Town Board hereby authorizes and directs the Community Development Department to prepare a report identifying any environmental impacts it believes should be considered at the time the SEQRA review is conducted. 12. 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 4 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. Duly adopted this 26r'' day of January, 2009, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Strough NOES: None ABSENT: Mr. Brewer, Mr. Montesi 5