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WASTEWATER\Greater Qby Consolidated Sanitary Sewer Ext#3—1533 Queensbury—Set Public Hearing—9-26-2022
ORDER SETTING PUBLIC HEARING CONCERNING
PROPOSED EXTENSION #3 TO GREATER QUEENSBURY
CONSOLIDATED SANITARY SEWER DISTRICT TO SERVE
1533 QUEENSBURY, LLC PROPERTY
RESOLUTION NO.: 12022
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Town of Queensbury wishes to extend the Greater Queensbury
Consolidated Sanitary Sewer District to serve the 1533 Queensbury, LLC Property (formerly the
Comfort Suites Hotel) located on 5.53 acres of land on the west side of New York State Route 9
in the Town of Queensbury, New York (Tax Map No.: 2888.8-1-5.2) 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
Hutchins Engineering, PLLC concerning the proposed Sanitary Sewer District Extension 43
(Extension 43) 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 43, 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, the property owner has provided Easements required by the Town along with
forms TP-584 which will transfer the existing infrastructure and provide an Easement to the property's
northern border, 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 43 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 State of New York, more particularly bounded and
described as follows: BEGINNING at a point in the westerly bounds of NYS Route 9 at
the southeast corner of lands conveyed to 1533 Queensbury, LLC by deed recorded in
book 6575 of deeds at page 266; thence running southerly along the westerly bounds of
NYS Route 9 along a curve to the right having a radius of 1689.91 feet a distance of
389.64 feet to the southeast corner of said lands of 1533 Queensbury, LLC, being the
southeast corner of lands conveyed by County Warren to Thekla B. Howe et. al. by deed
dated May 17, 1940 in book 215 of deeds at page 146; thence running along the
southerly bounds thereof, North 83 degrees, 03 minutes and 04 seconds West, a distance
of 48.67 feet to an iron rod found in the ground for a corner at the northeast corner of
lands of North High Realty Holdings, Inc. thence continuing along said lands of North
High Realty, Inc., North 83 degrees, 03 minutes and 04 seconds West, passing over an
iron pipe found in the ground for a corner at the northwesterly corner thereof, also at the
northeasterly corner of lands of Lumberjack Pass Amusements, LLC, a total distance of
611.92 feet to the northwest corner of said Lumberjack Pass Amusements, LLC in the
easterly bounds of Interstate Route 87, The Adirondack Northway; thence running along
the same, the following three courses and distances:
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(1) North 21 degrees, 32 minutes and 56 seconds East, a distance of 121.66 feet;
(2) North 15 degrees, 22 minutes and 58 seconds East, a distance of 159.97 feet;
(3) North 14 degrees, 37 minutes and 10 seconds East, a distance of 107.98 feet to
the southwest corner of said lands of George and Marilyn Stark; thence running
South 83 degrees, 36 minutes and 43 seconds East, along said lands a distance of
584.65 feet to the point and place of beginning, containing 5.53 acres of land to
be the same more or less.
Bearings given in the above distance refer to magnetic North.
2. The Property is currently connected to the Greater Queensbury Consolidated
Sanitary Sewer District and has been receiving service from the Sewer District as an "out of
district user." This existing connection consists of 800 lineal feet of 8" diameter gravity sewer
and 4 sewer manholes installed along the west side of Route 9 in the highway right-of-way.
3. The facilities for this Extension 43 are existing and will be turned over to the Town
of Queensbury for inclusion in the Greater Queensbury Consolidated Sanitary Sewer District.
The existing sewer lateral running from the existing hotel to the northernmost manhole on Route
9 will continue to be owned and maintained by 1533 Queensbury, LLC. The formation of
Extension 43 will not require the construction of any new facilities. Therefore, there are no
capital costs associated with this Extension 43 and there will be no cost to the Town.
4. The estimated annual cost of the Extension 43 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 43 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. The annual cost associated with municipal sanitary
sewer service has two components, a"benefit tax" and a"user fee," as follows:
Benefit Tax: An annual tax is levied by the Town of Queensbury on all property within
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the Greater Queensbury Consolidated Sanitary Sewer District. The tax is calculated by
multiplying the prevailing tax rate by the assessment units. Each type and size of property has a
corresponding unit value determined by the Town. The current District tax rate is $23.25 per
unit. For the former Comfort Suites Hotel, the developed parcel would be designated Class F,
occupied commercial, and assessed 6 units per acre. An additional component to the Benefit Tax
is the water consumption component which is assessed at a rate of 1.5 units per 120 gallons per
day based on water consumption. Based upon a total lot size of 5.53 acres and an average water
use of 7,389 gpd, the annual benefit tax, based on current fee rates would be 125.54 units. The
total benefit tax cost based on 2021 rate per unit would be $2,919.
Sewer User Fee (based on water consumption): The Town of Queensbury also collects
quarterly user fees from all property owners serviced by the District. The user fee represents a
usage charged based on metered water consumption. For commercial classification the current
use fee is: $7.00 per 1,000 gallons. For this commercial establishment in the proposed Extension
43 based on the facilities actual use rate of 7,389 gallons per day, the quarterly use fee would be
approximately $4,720 per quarter or $18,879 per year.
The total annual cost for the Extension 43 is therefore $21,798.
The Property is the only property in this Extension 43 so it is the mode/typical property.
5. The previous developer of the Property paid 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 43 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 facilities for this Extension 43 have already been constructed and installed as
specifically delineated in the Map, Plan and Report and in full accordance with the Town of
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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, October 17th, 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.
Duly adopted this 26t'day of September, 2022,by the following vote:
AYES
NOES
ABSENT:
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