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076.2011 Set PH Wastewater Disposal District NO ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED ESTABLISHMENT OF WASTEWATER DISPOSAL DISTRICT NO. 1 RESOLUTION NO.: 76, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury wishes to establish Queensbury Wastewater Disposal District No. 1 (Rockhurst) (the “District”) to serve properties located on the Rockhurst peninsula on the east shore of Lake George in accordance with New York Town Law Article 12- A, and WHEREAS, Map, Plan and Report for establishment of the District has been prepared by David Decker, P.E. of the Lake George Watershed Coalition, 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, Part 1 of a State Environmental Quality Review Act (“SEQRA”) Full Environmental Assessment Form (“EAF”) has been prepared for establishment of the District, and WHEREAS, the Queensbury Town Board wishes to be Lead Agency for purposes of the environmental review required for the project under SEQRA, NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The boundaries of the proposed Wastewater Disposal District are as follows: All that tract or parcel of land, situate in the Town of Queensbury, County of Warren and State of New York, and more particularly described as follows: Beginning at a point on the northerly side of NYS Route 9L, said point being at the southwest corner of tax parcel 240.5-1-26, thence in a northerly direction, along the westerly bounds of said tax parcel, 604 feet, more or less, to the southwest corner of tax parcel 227.17-2-2; thence in a northwesterly direction along the westerly bounds of tax parcels 227.17-2-2, 3, 4 and 227.17-2-6, 614 feet, more or less, to the northwest corner of tax parcel 227.17-2-6, said point also being in the southerly bounds of 227.17-2-9; thence in a southwesterly direction along the southerly bounds of said tax parcel 132 feet, more or less, to the southwesterly corner of said parcel; thence in a northerly direction, along the westerly bounds of said tax parcel 168 feet, more or less, to a point in the southerly bounds of tax parcel 227.17-2-10; thence in a southwesterly direction along the southerly bounds of said parcel, 98 feet, more or less, to the southwest corner of said parcel; thence in a northerly direction, along the westerly bounds of tax parcels 227.17-2-10, 227.17-2-11, and 227.17-2-17 in part, 525 feet, more or less, to a point, said point being the southeast corner of tax parcel 227.17-2-24; thence in a westerly direction, along the southerly bounds of said tax parcel, 200 feet more or less to the southwest corner of said parcel; thence in a northerly direction, along the westerly bounds of said parcel, 150 feet, more or less, to the northwest corner of said parcel, said point being in the southerly bounds of Church Road, thence in a westerly direction, along the southerly bounds of Church Road, and also the southerly bounds of tax parcel 227.17-2-26, 301 feet, more or less, to the southwest corner of said parcel; thence in a northerly direction, along the westerly bounds of tax parcels 227.17-2-26 and 227.17-1-60, 456 feet, more or less, to the northwest corner of the last mentioned parcel, said point also being in the southerly bounds of Rockhurst Road, thence continuing in a northerly direction, crossing Rockhurst Road, 41 feet more or less, to a point in the northerly bounds of Rockhurst Road, said point being the southeast corner of tax parcel 227.13-2-20, thence along Rockhurst Road in a westerly direction 770 feet, more or less to a point, thence along the southwesterly bounds of tax parcel 227.13-2-20, in a northwesterly direction, 48 feet more or less, to a point in the easterly bounds of Cleverdale Road; thence along the easterly bounds of Cleverdale Road in a northerly direction, 1,539 feet, more or less, to a point in the southerly bounds of Fielding Road; thence along the southerly bounds of Fielding Road 524 feet, more or less, to a point in the northerly bounds of tax parcel 227.13-2-20, said point being on the shore of Lake George, at the purported high water mark; thence northeasterly along the purported high water mark, and the northerly bounds of tax parcels 227.17-2-20, 21, and 22, 959 feet, more or less, to a point, said point being the southwest corner of tax parcel 227.17-2-23; thence along the purported high water mark, around the entire peninsula of Rockhurst in a northerly, easterly, and southerly direction, 4,454 feet, more or less, to the southerly most corner of tax parcel 227.13-2-57; thence in a generally southerly direction, along the purported high water mark of the easterly shore of Warner 2 Bay in Lake George, 4,193 feet, more or less, to a point in the easterly bounds of tax parcel 240.5-1-26; thence in a southwesterly direction along the easterly bounds of the remainder of said tax parcel 107’, more or less, to the southeast corner of said parcel, at a point in the northerly bounds of NY State Route 9L; thence along the northerly bounds of Route 9L, 460 feet, more or less, to the point or place of beginning. Containing 85 acres, more or less. Intending to include all tax parcels within the above described boundaries: Section 227.9 Block 1 Lots 1 thru 14, Section 227.17 Block 1 Lots 24 thru 60, Section 227.13 Block 2 Lots 20 thru 59, Section 227.17 Block 2 Lots 2 thru 15, 17 thru 24, and 26, Section 240.5 Block 1 Lot 26. 2. The proposed District services are as follows: providing a management structure and plan to ensure the timely inspection of individual on-site septic disposal systems to detect signs of failure and/or malfunction and to optimize the systems’ operating efficiencies through routine and scheduled pump-out of the system components. 3. The maximum amount proposed to be expended for such services is Two Hundred Eighty Thousand Four Hundred Fifty Dollars ($280,450) over ten (10) years, with a maximum annual expenditure of Twenty-six Thousand Two Hundred Dollars ($26,200) after the first year. The total estimated cost for the first year of operation is $43,900; the Town expects that grant funds and a 50% subsidy for pump out will total $32,200, resulting in approximately $11,700 in net cost for the first year. 4. There will be no District hook-up fees. 5. The cost of the District to the typical property, which is a one family home, will be Ninety-Seven Dollars and fifty cents ($97.50) per year for ten (10) years. 6. The proposed method to be employed for financing the District services is as follows: (a) $15,000 grant from NYS Department of State, Environmental Protection Fund – Local Water Front Revitalization Program, via the Lake George Watershed Conference, under contract to the Town of Bolton, FY 2004 (b) $100,000 grant from NYS Department of 3 Environmental Conservation, Environmental Protection Fund, round IX, Environmental Quality Program, via the Lake George Watershed Conference, under contract to the Town of Queensbury, FY 2006, and (c) equal benefit assessments on properties (excluding the Town’s parcel) within the proposed District. 7. A Map, Plan and Report describing the proposed District is on file in the office of the Queensbury Town Clerk for public inspection. 8. The Queensbury Town Board shall meet at the North Queensbury Volunteer Fire Company Fire Station, 2663 State Route 9L, Queensbury, New York, on Wednesday, March rd 23, 2011, at 7:00 p.m. for the purpose of conducting a public hearing on the proposal to establish Queensbury Wastewater Disposal District No. 1 (Rockhurst) to provide the services specified above, at which time and place all persons interested in the subject thereof may be heard concerning the same. 9. The Town Board hereby authorizes and directs the Queensbury Town Clerk to send a copy of the EAF and a copy of the Map, Plan and Report to all potentially involved agencies, together with a letter indicating that the Town Board wishes to be Lead Agency for coordinated SEQRA review and that a Lead Agency must be agreed upon within 30 days. 10. The Town Board hereby authorizes and directs the Town of Queensbury Community Development Department to prepare a report identifying any environmental impacts it believes should be considered at the time the SEQRA review is conducted. 11. 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 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. 4 th Duly adopted this 7 day of February, 2011, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None 5