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198.2013 Set PH Sewer Ext No. 2 Sweet Rd Subdivision NOTICE OF ADOPTION At a Regular Meeting of the Town Board of the Town of Queensbury held on April 15, 2013 at the Queensbury Center, Town of Queensbury, 742 Bay Road, Queensbury, New York, the following was adopted: ORDER SETTING PUBLIC HEARING FOR PROPOSED ROUTE 9 SANITARY SEWER DISTRICT EXTENSION NO. 2 - SWEET ROAD SUBDIVISION RESOLUTION NO. 198, 2013 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to establish an extension to the Route 9 Sanitary Sewer District to be known as Route 9 Sanitary Sewer District Extension No. 2 — Sweet Road Subdivision(Sewer District Extension), and WHEREAS, a Map, Plan and Report has been prepared by VISION Engineering, LLC, engineers licensed by the State of New York, regarding the proposed Sewer District Extension to be installed along the northern side of Sweet Road to serve a new 29 unit conservation subdivision of single family homes on approximately 24.49 acres of land consisting of Tax Map Parcel No's: 296.14-1-21, 296.14-14-22 and 296.14-1-23 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 includes the boundaries of the proposed Sewer District Extension, a general plan of the proposed Sewer District Extension, a report of the proposed method of operation of the Sewer District Extension and 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, and WHEREAS, the Town Board wishes to establish the proposed Sewer District Extension in accordance with Town Law Article 12A, NOW, THEREFORE, IT IS ORDERED: 1. The boundaries of the proposed Sewer District Extension are 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 described as follows: BEGINNING at an iron rod found in the ground for a corner in the northerly bounds of Sweet Road at the southwest corner of lands conveyed to Stanley H. and Madeline E. Bull by deed dated August 12, 1963, recorded in book 433 of deeds at page 85; thence running westerly along the northerly bounds of said Sweet Road the following five courses and distances: (1) North 78 degrees, 36 minutes and 01 second West, a distance of 188.03 feet; (2) North 79 degrees, 18 minutes and 23 seconds West, a distance of 53.84 feet; (3) North 78 degrees,46 minutes and 54 seconds West, a distance of 172.09 feet; (4) North 79 degrees, 31 minutes and 34 seconds West, a distance of 505.06 feet; (5) North 86 degrees, 32 minutes and 24 seconds West, a distance of 126.71 feet to the southeast corner of lands now or formerly of Moon; thence running along said lands of Moon the following seven courses and distances: (1) North 05 degrees, 38 minutes and 17 seconds East, a distance of 200.00 feet; (2) North 87 degrees, 02 minutes and 43 seconds West, a distance of 150.00 feet; (3) North 05 degrees, 38 minutes and 17 seconds East, a distance of 33.98 feet; (4) North 09 degrees,41 minutes and 17 seconds East, a distance of 245.87 feet; (5) North 07 degrees, 1 I minutes and 17 seconds East, a distance of 120.28 feet; 2 (6) South 82 degrees,48 minutes and 43 seconds East, a distance of 125.00 feet; (7) North 06 degrees, 57 minutes and 05 seconds East, a distance of 465.17 feet to the northeast corner of said lands of Moon in the southerly bounds of the subdivision known as Old Orchard Park, and also in the southerly bounds of lands now or formerly of Noble; thence running along said Old Orchard Park, the following two courses and distances: (1) South 83 degrees,27 minutes and 00 seconds East, a distance of 262.91 feet; (2) South 83 degrees, 31 minutes and 00 seconds East, a distance of 403.52 feet to a point in the westerly bounds of lands of Niagara Mohawk Power Corporation;thence running along the same, South 29 degrees, 58 minutes and 50 seconds East, a distance of 975.28 feet to the northeasterly corner of lands now or formerly of Blackmer; thence running North 77 degrees, 57 minutes and 28 seconds West, along the northerly bounds thereof and along the northerly lands of Bull, a distance of 184.00 feet to the northwesterly corner of said lands of Bull;thence running South 08 degrees, 14 minutes and 58 seconds West, along said lands of Bull, a distance of 350.18 feet to the point and place of beginning, containing 25.55 acres of lands to be the same more or less. Bearings given in the above description refer to magnetic North. SUBJECT to easements of records. ALSO BEGINNING at a point in the easterly bounds of said lands of Niagara Mohawk Power Corporation and located South 83 degrees, 02 minutes and 57 seconds East, a distance of 93.87 feet from the northeasterly corner of the above described parcel, being in the southerly bounds of said Old Orchard Park Subdivision; thence running along said Old Orchard Park Subdivision the following two courses and distances: (1) South 83 degrees, 04 minutes and 00 seconds East, a distance of 447.37 feet; (2) South 82 degrees, 58 minutes and 00 seconds East, a distance of 146.33 feet to the northwesterly corner of Edgewood Park Subdivision; thence running along said 3 subdivision in the westerly bounds of lands of Tarana, Harvey and West, the following two courses and distances: (1) South 22 degrees, 02 minutes and 08 seconds West, a distance of 550.62 feet; (2) South 09 degrees, 45 minutes and 59 seconds East, a distance of 117.35 feet to the northeasterly bounds of said lands of Niagara Mohawk Power Corporation; thence running along the same, North 29 degrees, 58 minutes and 50 seconds West, a distance of 805.78 feet to the point and place of beginning, containing 3.95 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. 2. The improvements proposed for the Sewer District Extension consist of construction of a connection to the 12" sanitary sewer main in Sweet Road along the frontage of the Project Site, including approximately 2,0000 LF of 8" PVC pipe, 10 - 4' diameter manholes, connection to the existing manhole, cleaning and testing. All facilities will be constructed in accordance with NYSDEC and Town of Queensbury standards. The City of Glens Falls Wastewater Treatment Facility receives all wastewater collected in the Route 9 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. 3. The maximum amount proposed to be expended for construction of said improvement is $150,000. One-time buy-in fees would be required (a) for reimbursement of the Town for additional treatment capacity at the City WWTP at a current rate of$1.15 per gallon of average daily wastewater flow,which in this case would be$11,005.50, and(b)for reimbursement of the Town for infrastructure costs at a current rate of$1.05 per gallon of average daily wastewater flow, which in this case would be $10,048.50, for a total of$21,054 in one-time buy-in fees. The total capital cost, therefore,would be$171,054. 4 4. The typical property within the District Extension will be a three bedroom single family home. The annual cost of the District Extension to the typical property will be$787.88,which includes a benefit tan of approximately $125.40 ($4.89 of which is the property's share of the benefit tax on the property owned by the Homeowners Association) and operation and maintenance fees of approximately$662.48. There will be no hook-up fees. 5. The capital cost of the project will be totally financed and paid for by the Developer. Therefore,there will be no financing employed by the Town. 6. The Map, Plan and Report,including a detailed explanation of how the estimated cost of the District to the typical property was computed, is on file with the Queensbury Town Clerk and is available for public inspection. 7. 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 6, 2013 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. 8. 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. Duly adopted this 15th day of April, 2013,by the following vote: AYES : Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Metivier,Mr. Clements NOES : None ABSENT: None 5