163.2019 Final Order Extension to Qsby Consolidated Sewer 894 State Rte 9 Property
RESOLUTION AND FINAL ORDER APPROVING EXTENSION TO
QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT
TO SERVE 894 STATE ROUTE 9 PROPERTY
RESOLUTION NO.: 163, 2019
INTRODUCED BY: Mrs. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
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 was determined to be a
SEQRA Unlisted Action and a SEQRA Short Environmental Assessment Form (EAF) was
prepared for the proposed District Extension, and
WHEREAS, the Town Board considered the establishment of the Sewer District Extension in
accordance with the provisions of the State Environmental Quality Review Act and by Resolution No.:
301,2018, 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) Resolution No.: 296,2018
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) 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
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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
WHEREAS, a public hearing on the proposed Sewer District was duly held on Monday,
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August 20, 2018 and the Town Board considered the evidence given together with other information,
and
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WHEREAS, on August 20, 2018 the Town Board adopted Resolution No.: 302,2018
determining that (a) the Order scheduling the Public Hearing was published and posted as required by
law and was otherwise sufficient, (b) all of the property and property owners within the proposed
District Extension would be benefited thereby, (c) all of the property and property owners benefited are
included within the boundaries of the proposed District Extension, and (d) it is in the public interest to
establish, authorize, and approve the District Extension 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, subject to permissive referendum in
the manner provided in Town Law Article 7 and subject to certain conditions specified in the
Resolution, and
WHEREAS, the Town Clerk duly posted and published the notice required for resolutions
subject to permissive referendum and no petition for referendum was filed within 30 days after the date
of the Resolution, and the Town Clerk has caused a certificate to that effect to be filed in the office of
the County Clerk, and
WHEREAS, the permission of the State Comptroller is not required in accordance with Town
Law §209-f, and
WHEREAS, the Town Board wishes to establish the proposed District Extension as detailed in
the Map, Plan and Report in accordance with Town Law Article 12-A,
NOW, THEREFORE, IT IS HEREBY
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ORDERED, that the Queensbury Consolidated Sanitary Sewer District Extension be
established as described in this Order and in the Map, Plan and Report prepared by Lansing
Engineering having extension boundaries as detailed in the metes and bounds description from the
Town’s Public Hearing Order Resolution No.: 296,2018 dated August 6, 2018 and attached hereto as
Schedule A and the improvements described in the Map, Plan and Report be constructed and the
service within the District be provided upon the required funds being made available or provided for,
and it is
FURTHER ORDERED, that the Town Clerk is hereby authorized and directed to cause a
certified copy of this Order to be duly recorded in the office of the Clerk of Warren County and to be
filed in the office of the State Department of Audit and Control in the time and manner required by law,
and it is
FURTHER ORDERED, that the Town Board authorizes and directs the Town Supervisor,
Town Clerk, Wastewater Director and/or Town Counsel to take all other actions necessary to
effectuate the terms of this Resolution.
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Duly adopted this 6 day of May, 2019, by the following vote:
AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mrs. Atherden
NOES : None
ABSENT: Mrs. Switzer
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SCHEDULE A – Metes and Bounds Description
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.
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