Details for TOWN OF QUEENSBURY - LEGALS - Ad from 2021-12-30

NOTICE OF ADOPTION At a Regular Meeting of the Town Board of the Town of Queensbury held on December 20th, 2021 at the Town of Queensbury, 742 Bay Road, Queensbury, New York, the following resolution was adopted: ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSION TO GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT TO SERVE PROPOSED 14-UNIT TOWNHOUSE PROJECT AND OTHER NON-CONTIGUOUS PROPERTIES RESOLUTION NO.: 426, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury wishes to extend the Greater Queensbury Consolidated Sanitary Sewer District to serve a proposed 14-unit townhouse style multi-family housing project to be developed by Mountain Vista Properties (Developer) and located at 20 Newcomb Street as well as 26 non-contiguous parcels located in various parts of the Town as follows: Tax ID No: Address: SBL#289.15-1-50 742 Bay Road SBL#296.7-1-11 633 Bay Road SBL#296.11-1-33 535 Bay Road SBL#296.11-1-41 551 Bay Road SBL#296.11-1-42 543 Bay Road SBL#296.13-1-2 1 Lawton Road SBL#296.13-1-3 5 Lawton Road SBL#296.13-1-15 7 Sweet Road SBL#296.13-1-16 9 Sweet Road SBL#296.14-1-1 36 Sweet Road SBL#296.14-1-12 25 Sweet Road SBL#296.14-1-14 35 Sweet Road SBL#296.14-1-24 113 Sweet Road SBL#296.15-1-1 148 Sweet Road SBL#296.15-1-23 425 Bay Road SBL#296.15-1-27 445 Bay Road SBL#296.18-1-7 122 Sweet Road SBL#296.18-1-19 106 Sweet Road SBL#296.18-1-25 80 Sweet Road SBL#296.18-1-34 42 Sweet Road SBL#296.18-1-35 38 Sweet Road SBL#296.69-1-5 1 Queens Way SBL#309.11-2-24 13.5 Luzerne Road SBL#309.11-2-25 13 Luzerne Road SBL#309.11-2-31 7 Luzerne Road SBL#309.17-1-11 363 Big Bay Road collectively referred as the “Properties” 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 Environmental Design Partnership, LLP concerning the proposed Sanitary Sewer District Extension (Extension) to connect the proposed Properties 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, 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, as Lead Agency, the Queensbury Planning Board conducted a State Environmental Quality Review Act (SEQRA) Review, with the Project being an Unlisted Action, of Site Plan 35-2021 Chris Racicot for construction of the 14-unit townhouse style multi-family housing project, and issued a SEQRA Negative Declaration for this Project and associated work, specifically including this sewer construction Project, NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The boundaries of the proposed Sewer District Extension are as set forth in the Map, Plan and Report and as follows: Sewer Services descripts over all those certain tracts, pieces or parcels of land situate in the Town of Queensbury, County of Warren, State of New York, lying along the westerly and easterly line of Newcomb Street and being further bounded and described as follows: Parcel “A” – Newcomb Street Sewer District Extension Beginning at the point of intersection of the westerly line of Newcomb Street and the common division line of SBL#309.10-268 to the south and SBL#309.10-2-67 to the north; Thence from said Point of Beginning along said common division line, in a general easterly direction, to a point of intersection of said common division line and the intersection of the northwesterly corner of SBL#309.10-2-71 and the southwesterly corner of SBL#309.10-2-46; Thence along the common division line of SBL#309.10-2-67 and SBL#309.10-2-66 generally to the west and SBL#309.10-2-46 generally to the east; Thence along the common division line of SBL#309.10-2-66 to the south and SBL#309.10-2-47 to the north in a general westerly direction to a point, said point being the southeast corner of SBL#309.10-2-65 and the southwest corner of SBL#309.10-2-47 and the northern boundary of SBL#309.10-2-66; Thence along the easterly line of SBL#309.10-2-65, SBL#309.102-64 and SBL#309.10-2-63 to the west and SBL#309.10-2-47 and SBL#309.10-2-48 to the east in a general northerly direction, to a point of intersection, said intersection point being the northeast corner of SBL#309.10-2-63 and the Southeast corner of SBL#309.10-2-62; Thence along the common division line of SBL#309.10-2-63 to the south and SBL#309.10-2-62 to the north in a general westerly direction, to a point of intersection of said common division line and the easterly line of Newcomb Street; Thence diagonally across the Newcomb Street Right of Way in a generally southwesterly direction to a point, said point being the common intersection of the western Right of Way of Newcomb Street and the northeastern corner of SBL#309.101-60; Thence along the common division line of SBL#309.10-1-60 and SBL#309.10-1-63 to the south and SBL#309.10-1-64 to the north in a general westerly direction, to a point of intersection of said common division line and the easterly line of SBL#309.10-1-79; Thence along the common division line of SBL#309.10-1-63 to the east and SBL#309.10-1-79 to the west in a general southerly direction, to a point of intersection of said common division line and the northeasterly corner of SBL#309.10-1-51 and the northwesterly corner of SBL#309.10-1-52; Thence along the common division line of SBL#309.10-1-63 and SBL#309.10-1-60 to the north and SBL#309.10-1-52, SBL#309.10-1-53, SBL#309.10-1-55, SBL#309.10-1-56 and SBL#309.10-1-57 to the south in a general easterly direction, to a point of intersection of said common division line and the northwesterly corner of SBL#309.10-1-57 and SBL#309.10-1-60; Thence along the common division line of SBL#309.10-1-57 to the west and SBL#309.10-1-60 to the east in a generally southerly direction to a point, said point being a corner of said parcels, Thence along the common division line of SBL#309.10-1-57 and SBL#309.10-1-59 to the south and SBL#309.10-1-60 to the north in a general easterly direction, to a point in the westerly line of Newcomb Street Right of Way; Thence generally southeasterly across Newcomb Street Right of Way to the point of beginning. The above described Sewer Service District Extension is intended to include all of those parcels as contained within the above described area as shown on the Warren County Real Property Tax Map in the Town of Queensbury, NY and is not intended for the conveyance of Real Property. 2. The proposed improvements consist of approximately 400 linear feet of 8” SDR 26 PVC gravity sewer main extending from the existing manhole at Main Street and Newcomb Street intersections, northward in the Newcomb Street right of way and approximately 150 linear feet of 8” SDR 26 PVC gravity sewer main westerly into the Project site. Two new pre-cast concrete manholes will be installed. 3. The facilities for this Sanitary Sewer District Extension to be constructed and capital costs associated with this District Extension are estimated to be approximately $130,000 to be paid for by the Developer. There will be no cost to the Town. Developer 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 District Extension to the developed parcel would be calculated as detailed in the Map, Plan and Report. There are residential and commercial lots in the District. The benefit equivalent of all the units in the District would total 286.2 benefit units for this extension. Such benefit unit assignments are used to apportion debt of infrastructure across users within the District. The benefit tax rate in 2021 based on the referenced report is $27.84 per benefit unit. In addition to the benefit tax, users with the District are also charged a sewer rent based on water consumption. There is no “typical property” as there is no mode since all properties have a different assessed value. The total estimated annual cost of the median property located at 122 Sweet Road, having an assessed value of $178,400 per the Map, Plan and Report, is $459.29. The total estimated annual cost of the mean property located at 7 Luzerne Road having an assessed value of $450,409 per the Map, Plan and Report is $738.86. The estimated annual cost of each property in the District is 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. 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 Planning Board conducted SEQRA review of this Project including sewer construction and adopted a Negative Declaration for the Project. 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, January 10th, 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. 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 20th day of December, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None I, Caroline H. Barber, Town Clerk 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 20th day of December, 2021 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 21st day of December, 2021. SEAL SIGNED: _______________________ Caroline H. Barber, RMC Town Clerk Town of Queensbury PUBLICATION DATE: December 30, 2021