TOWN OF LONG LAKE
PUBLIC NOTICES

            PLEASE TAKE NOTICE that the Town of Long Lake on March 19, 2008 made its determination and findings concerning proposed fee title acquisition of real property for water supply and other public safety purposes. The acquisition property constitutes less than 7% of the record owners’ total acreage holding of tax parcel # 26.013-2-1.110 within the Town of Long Lake.  The size of the taking is 10 +/- acres with approximate dimensions: 600 feet x 750 feet.  The proposed acquisition parcel (“Parcel”) completely surrounds Long Lake Water District No. 2’s Water Treatment Plant (WTP) and its 0.38 acre in-holding lot.  The subject Parcel is shown on the Maps labeled as Exhibits 1 & 2 within the full Determinations and Findings.  The maps are entitled: “Project Site Survey Map Tank Site” and “Preliminary Master Plan and Vesting Plot Plan for 10 Acre Parcel Acquisition.”

            A brief synopsis of the determination and findings is as follows:

1.         The Parcel to be acquired is to be used in connection with the existing WTP that now treats water from the Water District’s primary supply, the Big Sandy Water Reservoir, located on State Forest Preserve adjacent to the Parcel.  The improvement project of which this acquisition is a part, addresses serious water system deficiencies, several of which have been subject to NYS Department of Health Notices of Violation.  The deficiencies include: insufficient source capacity, insufficient chlorine contact time, insufficient system storage, and inadequate residual water pressures.  The Town Board has undertaken “Drinking Water State Revolving Fund Project Number 16278” to address the deficiencies.  As part of Project 16278, and under future improvements, the property to be acquired shall be used:          

1. construction and maintenance of filter backwash treatment facilities, including lagoon and subsurface disposal systems, complying with State design standards, to help protect valuable trout streams in the vicinity;

2. For construction/relocation of on-site subsurface or other type disposal system, including septic tank and leach field, for treatment of sanitary waste generated at the WTP to protect streams and improve operability of the WTP;

3. To provide parking and vehicle access at the WTP for chemical and filter wash material delivery trucks, town service and maintenance vehicles, etc., and for providing a secondary access route from the west to the WTP. This will improve system operations and allow better, more cost-effective procurement opportunities for necessary chemicals and filter wash materials;

4. For full time and emergency access to provide security at the WTP, including erection of fencing and gates to address concerns for homeland security which requires ability to restrict access;

5. For construction of new water transmission mains to/from the proposed water storage tank. Specifically, two 10-inch inlet/outlet mains from the Parcel/WTP will run to the new water tank;

6. For construction of chemical and filter wash material bulk storage facilities and associated secondary containment area where necessary in accordance with NYSDOH design standards to allow for purchasing materials according General Municipal Law  §§103 and 104 which govern procurement since the current lack of storage facilities impairs ability to follow such practices;

7. To construct and operate  storm water management facilities to treat surface water runoff  from an improved/expanded WTP where chemicals are stored so to protect nearby trout streams;

8. To develop supplemental groundwater supply, and provide required wellhead protection area for wells, in order to reduce water withdrawal during high demand periods from Little Sandy Creek and for source supply supplement;

9. To meet the long-term water supply needs of Water District #2, including construction of WTP building additions to accommodate additional technologies/requirements under federal and state laws pertaining to Safe Drinking Water, Occupational Health, and the like; and,

10. For a controlled access road, site security, treated water supply mains, storm water management facilities, and the other purposes listed above, all in compliance with NYSDOH, NYSDEC, USEPA, and APA requirements.

2.         The location of the above noted property was selected because: the existing water system, from the late 1930’s has several access easements for pipelines and roads on or near the subject parcel; the parcel surrounds the Town’s existing WTP holding which has existed since the 1960’s; the parcel, by virtue of its location and its hydrogeological qualities is perfectly suited for the multiple uses listed above;  the parcel is necessary to address urgent/documented systems deficiencies subject to State enforcement action; the parcel acquisition helps the Town address near-term needs for additional ground water supply; anticipated increased stringency for surface water treatment; and, there are no realistically viable/ cost-effective alternatives for this project location,  as relocation of the existing WTP or abandonment of the Big Sandy Reservoir are not feasible alternatives.

3.         There is no adverse impact on the environment in the area of the project.  The property shall be used under regulatory scrutiny of the Adirondack Park Agency, the Department of Environmental Conservation, and the Department of Health. On account of municipal water supply land-use restrictions and buffer area requirements, the parcel shall remain overwhelmingly in an open space condition. 

            PLEASE TAKE FURTHER NOTICE  under Section 207 of the Eminent Domain Procedure Law, there are thirty (30) days from the completion of the condemnor’s newspaper publication requirement to seek judicial review of the condemnor’s determination and findings; and be further advised under Sections 207 and 208 of the Eminent Domain Procedure Law, the exclusive venue for judicial review of the condemnor’s determination and findings is the appellate division of the supreme court in the judicial department where any part of the property to be condemned is located.

            Copies of the full “Determinations and Findings” are available at the Town of Long Lake “Town Office Building”, and will be forwarded upon written request without cost.  Send requests to:  Deputy Supervisor, Town of Long Lake, P.O. Box 307, Long Lake, NY 12847.

Dated:             March 24, 2008 
                       Long Lake, New York            

Yours truly

Carl T. Ferrentino

Attorney for the Town of Long Lake
c/o Colwell, Ferrentino & Petroccione, LLP
 20 Corporate Woods Blvd. - 3rd Floor
Albany, NY 12211
(518) 462-4242