164.2011 Ext. Qsby Lighting District
ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED
EXTENSION TO QUEENSBURY LIGHTING DISTRICT
RESOLUTION NO.: 164, 2011
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Wal-Mart is constructing a new store off Quaker-Ridge Boulevard and
arranging for the installation of street lights along such road, and requested that the Town of
Queensbury take over the future costs of such street lights and add the Wal-Mart parcel to the
Queensbury Lighting District, and
WHEREAS, Wal-Mart has filed a Map, Plan and Report prepared by Bergmann
Associates in support of such extension, and
WHEREAS, the Town of Queensbury wishes to extend the Queensbury Lighting District
to include the new Wal-Mart parcel and to take over the responsibility for such street lights in
accordance with New York Town Law Article 12-A, and
WHEREAS, the Wal-Mart parcel will be the only parcel to be added to the Queensbury
Lighting District, and it will benefit from being in the District from customers being able to safely
travel to and from its store over Queensbury roads including Quaker-Ridge Boulevard, 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
extension to the Queensbury Lighting District, a general plan of the proposed extension and lights
to be added to the District, and
WHEREAS, this action is a Type II action per NYCRR §617.5(c)(11), so SEQRA review
is not required,
NOW, THEREFORE, IT IS HEREBY
ORDERED:
The boundaries of the proposed extension to the Queensbury Lighting District are as set
forth in the Map, Plan and Report and as follows:
All that tract or parcel of land situate in the Town of Queensbury, Warren County, State
of New York, being more particularly bounded and described as follows:
Beginning at a point on the northeasterly right of way line of Quaker Road (County Route
70), at the intersection with the southeasterly right of way line of Quaker Ridge
Boulevard, as dedicated to the Town of Queensbury by Volume 726 of Deeds, Page 234,
said point being the southwest corner of Lot 1 of the Quaker Ridge Commercial Plaza
Final Plat, filed as Plat C- #143 at the Warren County Clerk’s Office; thence,
North 30°-59’-11” East, on said southeasterly right of way line of Quaker Ridge
Boulevard and through the lands now or formerly of Forest Enterprises Management, Inc.
(Volume 3248, Page 87), a distance of 1,083.68 feet to a point on the division line
between the lands of said Forest Enterprises Management, Inc. on the south and the lands
now or formerly of Niagara Mohawk Power Corporation (Liber 358, Page 254) on the
north; thence,
North 89°-49’-26” East, on said division line, a distance of 723.52 feet to a point on the
division line between the lands of said Forest Enterprises Management, Inc. on the west
and the lands now or formerly of the County of Warren (Liber 1181, Page 150) on the
east; thence,
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South 07-48’-57” East, on said division line, a distance of 1039.34 feet to a 1” pipe
found on the division line between the lands of said Forest Enterprises Management, Inc.
on the northwest and the lands now or formerly of Binley Florist Inc. (Liber 1465, Page
284) on the southeast; thence,
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South 51-14’-11” West, on said division line, a distance of 518.04 feet to a 1/2” pipe
found; thence,
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South 43-36’-49” East, continuing on said division line, a distance of 50.00 feet to a 3/4”
pipe found on the division line between the lands of said Forest Enterprises Management,
Inc. on the northwest and the lands now or formerly of Community Workshop Resources
Inc. (Liber 681, Page 773) on the southeast; thence,
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South 51-14’-11” West, on said division line, a distance of 300.00 feet to iron pin found
on the northeasterly right of way line of said Quaker Road; thence, the following four (4)
courses and distances on said northeasterly right of way line:
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North 43-36’-49” West, a distance of 105.29 feet to a concrete monument found; thence,
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North 47-14’-22” West, a distance of 369.13 feet to a concrete monument found; thence,
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North 54-56’-33” West, a distance of 413.64 feet to concrete monument found; thence,
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North 59-00’-49” West, a distance of 160.00 feet to the Point of Beginning.
Said parcel containing 33.265 acres, more or less, as shown on a map entitled
“ALTA/ACSM Land Title Survey – Proposed Wal-Mart Store # 4403-00 Hudson Falls
NY”, prepared by Bergmann Associates, Project No. 6842-00, dated February 10, 2006,
and last revised on December 14, 2009.
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2. The proposed improvements consist of four (4) light poles with light fixtures along
Quaker-Ridge Boulevard. Power will be supplied by National Grid from a pad mounted
transformer at the northwest corner of Quaker Boulevard and Quaker-Ridge Boulevard.
3. All capital costs associated with installation of the light poles and associated
fixtures, including labor, materials and equipment will be paid by Wal-Mart. There will be no
financing cost or tax increase in the existing Queensbury Lighting District.
4. The estimated annual cost of being in the Queensbury Lighting District to the sole
and therefore, typical property during the first year will be approximately $415.65. The estimated
annual cost of being in the Queensbury Lighting District after completion of construction will be
approximately $1,216.
5. A detailed explanation of how the estimated costs of the District Extension were
computed has been filed with the Queensbury Town Clerk and is available for public inspection.
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6Wal-Mart will pay all costs of the improvements so there will be no financing
required by the Town on behalf of the District Extension.
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. All future expenses of the Queensbury Lighting 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
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Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, May 16, 2011 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 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.
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Duly adopted this 2day of May, 2011, by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Stec, Mr. Metivier
NOES : None
ABSENT: None
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