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NOTICE OF ADOPTION

NOTICE OF ADOPTION
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NOTICE OF ADOPTION
At a Regular Meeting of the Town Board of the Town of Queensbury held on August 6th, 2018 at the Queensbury
Center, Town of Queensbury, 742 Bay Road, Queensbury, New York, the following was adopted:
ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSION TO QUEENSBURY CONSOLIDATED SANITARY
SEWER DISTRICT TO SERVE 894 STATE ROUTE 9 PROPERTY
RESOLUTION NO.: 296, 2018
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Sanitary Sewer District to serve
property owned by Faden Enterprises and located at 894 NYS Route 9 in the Town of Queensbury known as Tax Map Parcel
No.: 296.17-1-49 (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 Lansing Engineering concerning
the proposed Sanitary Sewer District Extension to connect the proposed Property to the existing 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 Sewer District Extension, 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 Queensbury Planning Board conducted uncoordinated review for the proposed demolition of and
existing building and construction of a single story multi-tenant commercial building on the Property (the “Project”) under
the State Environmental Quality Review Act (SEQRA), issued a SEQRA Negative Declaration and granted site plan approval
for the Project, and
WHEREAS, extension of the District to serve the Property has been determined to be a SEQRA Unlisted Action and
a SEQRA Short Environmental Assessment Form (EAF) has been prepared for the proposed District Extension,
NOW, THEREFORE, IT IS HEREBY
ORDERED:
1.
as follows:

The boundaries of the proposed Sewer District Extension are as set forth in the Map, Plan and Report and

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 a point in the easterly bounds
of NYS Route 9, Upper Glen Street, said point marking the southwesterly corner of the lands as conveyed to Everest
Enterprises LLC by deed book 2953 at page 292; thence running in an easterly direction along the southerly bounds
of Everest Enterprises LLC, North 81 degrees, 22 minutes and 18 seconds East, a distance of 223.13 feet to a capped
iron rod found in the ground for a corner, said point marking the northwesterly corner of the lands of the Town of
Queensbury by deed book 4722 at page 303; thence running in a southerly direction along the westerly bounds of the
lands of the Town of Queensbury, South 08 degrees, 37 minutes and 42 seconds East, a distance of 249.99 feet to
a capped iron rod found in the ground for a corner on the northerly bounds of Montray Road, said point marking the
southwesterly corner of the lands as conveyed to the Town of Queensbury, by deed book 4722 at page 303; thence
running in a westerly direction along the northerly bounds of Montray Road, South 81 degrees, 54 minutes and
04 seconds West, a distance of 208.68 feet to a concrete monument found in the ground for a corner, said point
marking the intersection of the northerly bounds of Montray Road with the easterly bounds of NYS Route 9; thence
running along the easterly bounds of NYS Route 9, the following two courses and distances:
(1)
North 53 degrees, 22 minutes and 20 seconds West, a distance of 36.67 feet to a concrete monument
found in the ground for a corner;
(2)
North 05 degrees, 41 minutes and 59 seconds West, a distance of 222.31 feet to the place and point of
beginning, containing 1.3 acres of land to the same more or less.
Bearings given in the above description refer to grid North. SUBJECT to easements of record.
2.
The proposed improvements consist of a 6” SDR gravity sanitary sewer lateral to be used to connect a
proposed 11,400 sf commercial building into the existing 8” gravity sanitary sewer main located along the west side of New
York State Route 9.
3.
The facilities for this Sanitary Sewer District Extension have already been constructed and are in place;
therefore, there are no capital costs associated with this District Extension. The service lateral to serve the parcel will be paid
for by the Developer.
4.
The estimated annual cost of the District Extension to the developed parcel would be calculated as follows:
The parcel would be designated Class F, occupied commercial. Based upon a total lot size of 1.3 acres and an average
water use of 2,640 gallons per day (gpd), the annual benefit tax based on current fee rates would be $192.20 per unit. For
commercial classification, the current sewer user fee is $7.00 per 1,000 gallons so for this property based on an actual use
rate of 2,640 gpd, the cost would be approximately $6,745 per year. The total annual charge for sewer district is therefore
$6,937.20.
5.
The Developer of the Property will pay all costs of the improvements and has already paid 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 District Extension 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 conduct uncoordinated SEQRA review of the proposed District Extension to serve the
Property.

9.
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, August 20th, 2018 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.
Duly adopted this 6th day of August, 2018, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer
NOES: None
ABSENT: None
I, Rose Mellon, Deputy Town Clerk I of the Town of Queensbury, Warren County, New York, do hereby certify that
I have compared the foregoing with the original resolution as listed above adopted at a Regular meeting of the Town Board of
the Town of Queensbury held on the 6th day of August, 2018 at which a quorum was present and that the same is a correct
transcript therefrom and of the whole original thereof to date.
IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, this 7th day of
August, 2018.
SEAL

SIGNED:

Rose Mellon
Deputy Town Clerk I
Town of Queensbury

DATED: AUGUST 10, 2018



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