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303.2009 ORDER SETTING PUBLIC HEARING FOR PROPOSED SOUTH QUEENSBURY – QUEENSBURY AVENUE SEWER DISTRICT EXTENSION NO. 1 - NAT HILL PROPERTIES – SPORTLINE POWER PRODUCTS BUILDING ADDITION RESOLUTION NO.: 303, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board wishes to establish an extension to the South Queensbury – Queensbury Avenue Sewer District to be known as South Queensbury – Queensbury Avenue Extension No. 1 – Nat Hill Properties – Sportline Power Products Building Addition, and WHEREAS, a Map, Plan and Report has been prepared by Thomas W. Nace, P.C., Nace Engineering, PC, engineers licensed by the State of New York, regarding the proposed Sewer District Extension to serve the Nat Hill Properties - existing Sportline Power Products commercial building and new building addition located on approximately 4.09 acres (2.04 acres to be added to the District and 2.05 acres currently in the District) of land on the east side of East Quaker Service Road (Tax Map Parcel No’s: 303.15-1-19 and 303.15-1-20) as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Town Board accepts such Map, Plan and Report as the Map, Plan and Report for the proposed Sewer District Extension and such 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 wishes to establish the proposed Sewer Extension in accordance with Town Law Article 12-A and consolidate the Extension with the South Queensbury – Queensbury Avenue Sewer District in accordance with Town Law §206-a, and WHEREAS, Part I of a Short 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 Queensbury Town Board shall hold a public hearing to consider establishment of the previously described proposed extension to the South Queensbury – Queensbury Avenue Sewer District to be known as South Queensbury – Queensbury Avenue Sewer District Extension No. 1 – Nat Hill Properties – Sportline Power Products Building Addition. 2. The boundaries of the proposed Extension and benefited areas of the South Queensbury – Queensbury Avenue Sewer District are as set forth in the Map, Plan and Report previously described in this Order 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 BEGINNING described as follows: at a point in the northeasterly bounds of East Quaker Service Road at the most southerly corner of Lot 1 and the most westerly corner of Lot 2 as shown on a map of Quaker Ridge Commercial Plaza, section B by C.T. Male Associates, P.C.; running thence North 31 degrees, 06 minutes and 33 seconds East, on the division line between Lots 1 and 2, a distance of 328.49 feet to the southerly bounds of the lands of Niagara Mohawk Power Corporation; thence running along the same, North 89 degrees, 56 minutes and 47 seconds East, a distance of 257.02 feet to the most northerly corner of Lot 8; thence running along the same, South 31 degrees, 06 minutes and 32 seconds West, a distance of 39.42 feet to 2 distance of 39.42 feet to the most northerly corner of Lot 3; thence continuing South 31 degrees, 06 minutes and 32 seconds West, on the division line between Lots 2 and 3, a distance of 439.82 feet to the easterly bounds of said East Quaker Service Road; thence running along the same, North 54 degrees, 16 minutes and 37 seconds West, a distance of 220.65 feet to the point and place of beginning, containing 2.04 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. 3. The proposed sanitary sewer facilities for Sewer Extension #1 will consist of the installation of a new sewer lateral from a proposed E-One GP 2014 duplex grinder pump system and 225 LF of 1-1/4” PE pressure sewer connecting to a point of service at existing Town of Queensbury sewer force main within the National Grid Right-of-Way to the north of the parcel. The City of Glens Falls Wastewater Treatment Facility receives all wastewater collected in the South Queensbury – Queensbury Avenue Sanitary Sewer District including that which is proposed to be generated by this District Extension. The City WWTP has the capacity to provide the Town of Queensbury with the capacity necessary for this District Extension. All such Sewer Extension improvements are more specifically delineated in the Map, Plan and Report. The cost shall include a buy-in to the City of Glens Falls Wastewater Treatment Plant in the amount of $435 ($1.00 per gallon fee x 435 gpd for the two parcels). 4. All costs of construction, legal and engineering fees shall be the responsibility of the developers and will be privately owned and those costs are not intended to be shared by other users within the Sewer District in accordance with a formula delineated in the Map, Plan and Report. The improvements shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, any State laws or regulations, in accordance with approved plans and specifications and under competent engineering supervision. 3 5.There are no Town hook-up fees for connection to the Sewer District once it is formed. The cost of the lateral and its hook-up to the Sewer District is included in the $15,000 maximum estimated cost of the Project. The annual cost of the District for the first year of operation to the typical property is $890.92, comprised of $438.52 for the annual benefit tax and $452.40 for the estimated operation and maintenance cost. There is no estimated annual cost for a typical one or two-family home since (1) there are no one or two-family homes currently located in the proposed District Extension, and (2) the only property located within the proposed District Extension is zoned commercial and currently will be developed as commercial (i.e., a building addition for the Sportline Power Products building), not residential. The maximum estimated cost of the improvements is $15,000, which will be paid entirely by the developers. 6. In accordance Town Law §206-a, all future expenses of the South Queensbury - Queensbury Avenue Sewer District, including all extensions included heretofore or hereafter established, shall be a charge against the entire area of the district as extended. 7. The Map, Plan and Report describing the improvements, area involved and a detailed explanation of hook-up fees and cost of the District to the typical property (i.e., the sole property), and, if different, the typical one or two family home, is on file with the Queensbury Town Clerk and is available for public inspection. 8. The Town Board shall meet and hold a public hearing at the Queensbury Activities th Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, October 19, 2009 to consider the Map, Plan and Report, hear all persons interested in the proposal and take such other and further action as may be required or authorized by law. 9. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly 4 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. 10. The Town Board hereby authorizes and directs the Town of Queensbury Community Development Department to prepare a report on any environmental impacts that should be considered at the time a SEQRA review is conducted. 11. The Town Board further 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 with the Queensbury Town Board as Lead Agency is desired and that a Lead Agency must be agreed upon within 30 days. th Duly adopted this 14 day of September, 2009, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None I, R. Rose Mellon, Deputy Town Clerk II 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 held on the 14th day of September 2009 at which a quorum was present and that the same is a correct transcript there from and of the whole original thereof to date. IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, this 5th day of October 2009. 5 SEAL SIGNED:______________________________________ R. Rose Mellon Deputy Town Clerk II Town of Queensbury 6