147.2022 Order Setting PH - Proposed Extenstion 2 Sewer District - Tidal Wave Auto Spa ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED
EXTENSION #2 TO GREATER QUEENSBURY CONSOLIDATED
SANITARY SEWER DISTRICT TO SERVE TIDAL WAVE AUTO SPA
LOCATED AT 708 QUAKER ROAD, QUEENSBURY
RESOLUTION NO.: 147,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury wishes to extend the Greater Queensbury
Consolidated Sanitary Sewer District to serve the Tidal Wave Auto Spa (TWAS) located at 708
Quaker Road in the Town of Queensbury, New York (Tax Map No.: 303.15-1-12) referred to as
the "Property" 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
Pennoni Engineering & Surveying of New York, P.C. concerning the proposed Sanitary Sewer
District Extension 42 (Extension 42) to connect the proposed Property to the existing Greater
Queensbury Consolidated Sanitary Sewer District 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
Extension 42, a general plan of the proposed system, a report of the proposed method of
operation, all outlets and the terminus and course of each proposed main sewer or drain together
with the location and a general description of all sewage disposal plants, pumping stations and
other public works, if any, and is consistent with, so far as possible, any comprehensive plan for
sewers developed and maintained pursuant to General Municipal Law §99-f, and
WHEREAS, Part I of a Short Environmental Assessment Form has been prepared and
presented at this meeting and the engineer indicates that it is an Unlisted Action and the Action will
undergo an Uncoordinated Review,
NOW, THEREFORE, IT IS HEREBY
ORDERED:
1. The boundaries of the proposed Extension 42 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, County of Warren and
State of New York, bounded and described as follows:
Beginning at a point in the southerly highway boundary of Quaker Road (County Route
70) at its intersection with the property division line between lands n/f Garvey
Partnership, as described in Book 5351 of Deeds at Page 45, on the east, and lands n/f of
Smart Wash of S.G.F., LLC as described in Book 5946 of Deeds at Page 272, on the
west, thence south 31°02'07" west, a distance of 3 00.00 feet to a point at its intersection
with the property division line between lands n/f of Switchco LLC, as described in Book
4542 of Deeds at Page 217, on the east, and said lands of Smart Wash of S.G.F., LLC,
on the west, thence south 09°57'38" west, a distance of 440.97 feet to a point on the
northerly highway boundary of Dix Avenue (County Route 42), thence north 80 °02'23"
west, along said highway boundary a distance of 158.66 feet to a point at its intersection
with the property division line between lands n/f of E. James Barrett & William M.
Barrett, as described in Book 1209 of Deeds at Page 320, on the west, and said lands of
Smart Wash of S.G.F., LLC, on the east, thence along said property division line the
following three (3) courses and distances:
(1) Along a curve to the right having a radius of 50.00 feet, an arc length of 78.54
feet, a chord bearing of north 35°02'22" west, a chord distance of 70.71 feet to a
point,
(2) North 09°57'37" east, a distance of 471.38 feet to a point,
(3) North 31°02'07" east, a distance of 300.00 feet to a point on the first mentioned
southerly highway boundary of Quaker Road, thence south 58°57'53" east, along
said highway boundary a distance of 223.62 feet to the point or place of
beginning.
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CONTAINING 166,952 SQUARE FEET OR 3.833 ACRES, MORE OR LESS
This description is based upon a survey entitled "Alta/NSPS Land Title Survey 708
Quaker Road TM4303.15-1-12 Town of Queensbury, Warren County, State of New
York,"prepared by Control Point Associates, Inc., PC, dated January 21, 2021.
This property may be subject to the restrictions, covenants and/or easements either
written or implied.
2. The proposed improvements consist of a new sewer main being installed within the
public right of way. The TWAS will connect to the existing manhole in the Dix Avenue right of
way situated at the southwest corner of the TWAS property on the south side of Dix Avenue.
The site connection will be via an 8" gravity sewer lateral and the existing pump station and force
main on site will be abandoned.
3. The facilities for this Sanitary Sewer District Extension to be constructed and
capital costs associated with this Extension 42 are estimated to be approximately $134,300 to be
paid for by TWAS. The cost of hook-up is included in the construction costs. There will be no
cost to the Town. TWAS will be required to dedicate all infrastructure and take actions to
transfer their interest to the satisfaction of the Town Water Superintendent/Wastewater Director
and Town Counsel.
4. The estimated annual cost of the Extension 42 to the developed parcel would be
calculated as detailed in the Map, Plan and Report filed in the Town Clerk's Office and also
available on the Town of Queensbury Website: www.queensbury.net. There is no "typical
property" which is a one or two family home in such proposed District as the one commercial
lot/subject property is the only property in this Extension 42 and the "typical property." The cost
of operation and maintenance would include the costs to operate, maintain, and supply the sewer
system and is reflected in sewer rent charges. Based on an estimated annual usage of 3.6 million
gallons per year and an existing operation and maintenance rate of $7.00 per 1,000 gallons, the
TWAS yearly amount would be $25,200 per year, paid quarterly. The Town also imposes a
property's share of the Greater Queensbury Consolidated Sanitary Sewer District's debt service
using a benefit tax. The estimated units are 68.87 acre units which would result in an estimated
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benefit tax of $1,542. The calculation of $25,200 annually plus the benefit tax would come to
approximately $26,742 annually. The TWAS property is the only property in this Extension 42 so
it is the mode/typical property.
5. The Developer of the Property will pay all costs of the improvements including the
one-time buy-in cost and Town connection fee, so there will be no financing required by the Town
on behalf of the District or otherwise.
6. A detailed explanation of how the estimated costs of the Extension 42 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.
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. 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, May 2nd, 2022 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.
9. 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.
10. The Town Board hereby declares that this action is an Unlisted Action pursuant to
6 NYCRR 617 et. seq., and will perform uncoordinated review of this Project.
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Duly adopted this 18t'day of April, 2022,by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
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