302.2018 Order Approve Ext To Qsby Consolidate District 894 Rte 9 Property ORDER APPROVING PROPOSED EXTENSION TO
QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT
TO SERVE 894 STATE ROUTE 9 PROPERTY
RESOLUTION NO.: 302,2018
INTRODUCED BY: Mrs. Jennifer Switzer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
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 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, and
WHEREAS, the Town Board has considered the establishment of the Sewer District
Extension in accordance with the provisions of the State Environmental Quality Review Act and has
adopted a Negative Declaration concerning environmental impacts, and
WHEREAS, on August 6, 2018, subsequent to the filing of the Map, Plan and Report with the
Town Clerk, the Town Board adopted an Order (Public Hearing Order) reciting (a) the boundaries of
the proposed Sewer District Extension; (b) the proposed improvements; (c) the maximum amount
proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the
cost of the Sewer District Extension to the typical property and the typical one or two family home(if
not the typical property); (e) the proposed method of financing to be employed; (f j the fact that a Map,
Plan and Report describing the improvements is on file in the Town Clerk's Office; and (g) the time
and place of a public hearing on the proposed Sewer District Extension, and
WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed
with the Office of the State Comptroller, all as required by law, and
WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how
the estimated cost of hook-up fees (if any) and the cost of the Sewer District Extension to the
developed parcel were computed was filed with the Town Clerk for public inspection as part of the
Map,Plan and Report, and
WHEREAS, the estimated annual cost of the District Extension to the developed parcel has
been filed with the Town Clerk and is made a part of the Map,Plan and Report, and
2
WHEREAS, a public hearing on the proposed Sewer District was duly held on Monday,
August 20r'', 2018 and the Town Board has considered the evidence given together with other
information, and
WHEREAS, the Town Board wishes to establish the proposed Extension to the Queensbury
Consolidated Sanitary Sewer District Extension as detailed in the Map, Plan and Report in accordance
with Town Law Article 12-A,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that:
1. Notice of Public Hearing was published and posted as required by law and is otherwise
sufficient;
2. All property and property owners within the Extension to the Queensbury
Consolidated Sanitary Sewer District are benefited thereby;
3. All property and property owners benefited are included within the limits of the
Extension to the Queensbury Consolidated Sanitary Sewer District;
4. It is in the public interest to establish, authorize, and approve the Extension to the
Queensbury Consolidated Sanitary Sewer District as described in the Map, Plan and
Report on file with the Queensbury Town Clerk with the boundaries and benefited
properties of the Sewer District Extension to be as described in the Map, Plan and
Report;
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves, authorizes and establishes the Extension
to the Queensbury Consolidated Sanitary Sewer District in accordance with the boundaries and
3
descriptions set forth above and in the previously described Map, Plan and Report, and construction of
the improvements may proceed and service provided subject to the following:
1. The obtaining of any necessary permits or approvals from the New York State
Department of Health;
2. The obtaining of any necessary permits or approvals from the New York State
Department of Environmental Conservation;
3. The obtaining of any necessary permits or approvals from the New York State
Department of Transportation and any other required permits;
4. The Town being satisfied that construction of all improvements has occurred in
accordance with the Plan;
5. Permissive referendum in the manner provided in New York State Town Law Article
7; and
6. The adoption of a Final Order by the Queensbury Town Board; and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to permissive referendum in accordance with
the provisions of New York State Town Law Articles 7 and 12-A and shall not take effect until
such time as provided therein, and the Town Board hereby authorizes and directs the Queensbury
Town Clerk to file, post and publish such notice of this Resolution as may be required by law and
to cause to be prepared and have available for distribution proper forms for the petition and shall
distribute a supply to any person requesting such petition and if no such petition is filed within 30
days to file a certificate to that effect in the Office of the County Clerk and with the State
Department of Audit and Control.
Duly adopted this 20ffi day of August, 2018,by the following vote:
AYES Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer
4
NOES : None
ABSENT: None
5