136.2007
RESOLUTION APPROVING CENTRAL QUEENSBURY QUAKER ROAD
SEWER DISTRICT EXTENSION NO. 9 –
JOHN W. DREPS BAY ROAD SUBDIVISION
RESOLUTION NO. 136, 2007 (RESCINDED BY RES. 162 ON 4/2/07)
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, the Queensbury Town Board wishes to establish an extension to the Central
Queensbury Quaker Road Sewer District (hereinafter the “District”) to be known as Central
Queensbury Quaker Road Sewer District Extension No. 9, and
WHEREAS, a Map, Plan and Report has been prepared by Thomas W. Nace, P.E., Consulting
Engineer, an engineer licensed by the State of New York, regarding the proposed sewer district
extension to serve the John W. Dreps Bay Road Subdivision containing five (5) commercial lots
located on an approximately 6.37 acre parcel of land on the east side of Bay Road (tax map parcels:
#296.16-1-16.11, #296.16-1-16.14, 296.16-1-16.15, 296.16-1-16.16 and 296.16-1-16.17) as more
specifically set forth and described in the Map, Plan and Report (hereinafter the “Sewer District
Extension”), and
WHEREAS, the Town Board accepted such Map, Plan and Report as the Map, Plan and
Report for the proposed Sewer District Extension and such 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 sewer system, a report of the proposed sewer system
and method of operation, and
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WHEREAS, on February 26, 2007 subsequent to the filing of the Map, Plan and Report with
the Town Clerk, the Town Board adopted an Order (the “Public Hearing Order”) reciting (a) the
boundaries of the proposed Sewer District Extension; (b) the proposed improvements; (c) the fact that
all costs of the improvements will be paid for by the Developer and not the Town of Queensbury; (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 improvement 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; (h) that all the expenses of the District, including all extensions heretofore or
hereafter established, shall be a charge against the entire area of the District as extended, 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 to the typical property
and typical one or two family home (if not the typical property) were computed was filed with the
Town Clerk for public inspection, and
WHEREAS, a public hearing on the proposed Sewer District Extension was duly held on
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Monday, March 19, 2007 and the Town Board has considered the evidence given together with other
information, 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, the Town Board wishes to establish the proposed Sewer District Extension as
detailed in the Map, Plan and Report in accordance with Town Law, Article 12A and consolidate the
Sewer District Extension with the Central Queensbury Quaker Road Sewer District in accordance with
Town Law §206-a,
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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.An application for permission of the Office of the State Comptroller to extend the
District is not necessary, given that all costs associated with the extension of the District and
construction of the facilities therein shall be borne by the Developer;
3.All property and property owners within the Sewer District Extension are benefited;
4.All property and property owners benefited are included within the limits of the Sewer
District Extension;
5.It is in the public interest to establish, authorize, and approve the Central Queensbury
Quaker Road Sewer District Extension No. 9 to the existing Central Queensbury Quaker Road Sewer
District as described in the Map, Plan and Report on file with the Queensbury Town Clerk;
6.In accordance with New York State Town Law §206-a, it is in the public interest to
assess all expenses of the District, including all extensions heretofore or hereafter established, as a
charge against the entire area of the District as extended; and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves, authorizes and establishes the Central
Queensbury Quaker Road Sewer District Extension No.: 9 in accordance with the boundaries and
descriptions set forth in the previously described Map, Plan and Report and as follows:
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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 side of Bay Street at the northwest corner of
the lands conveyed to Stewarts Ice Cream Company, Inc.; running thence along said Bay
Road, North 05 degrees, 11 minutes and 12 seconds East, a distance of 161.63 feet; continuing
along Bay Road, North 05 degrees, 05 minutes and 41 seconds East, a distance of 362.4 feet
to the southwest corner of lands of Bay Meadows Golf Club Inc.; thence running along said
lands southeasterly along a curve to the left having a radius of 25.00 feet a distance of 39.27
feet; thence running South 84 degrees, 54 minutes and 19 seconds East, along the southerly
bounds thereof, a distance of 238.97 feet; thence running along a curve to the left having a
radius of 25.00 feet, a distance of 37.95 feet; thence running along a curve to right having a
radius of 70.00 feet, a distance of 219.59 feet; thence continuing along said lands of Bay
Meadows Golf Club Inc., South 83 degrees, 47 minutes and 10 seconds East, a distance of
152.09 feet to an angle point therein for a corner; thence continuing along said lands of Bay
Meadows Golf Club Inc., South 06 degrees, 12 minutes and 50 seconds West, a distance of
440.20 feet to the northeast corner of lands now or formerly of JBJ Queensbury, LLC; thence
running along said lands, North 81 degrees, 26 minutes and 40 seconds West, a distance of
287.70 feet to the northwest corner thereof; thence running along said the westerly line thereof,
South 05 degrees, 53 minutes and 33 seconds West, a distance of 93.91 feet to the northeast
corner of said lands of Stewarts Ice Cream Company, Inc.; thence running along the northerly
bounds thereof, North 84 degrees, 06 minutes and 27 seconds West, a distance of 284.03 feet
to the point and place of beginning, containing 6.37 acres of lands to be the same more or less.
Bearings given in the above description refer to magnetic North.
SUBJECT to easements of record.
SUBJECT also to an easement of ingress and egress over the southwesterly corner of said
property as described in an easement granted by Roger W. Brassel to Stewarts Ice Cream Company,
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Inc. recorded in book 1115 of deeds at page 24.
and
BE IT FURTHER,
RESOLVED, that 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 Environmental Conservation;
2.Permissive referendum in the manner provided in New York State Town Law Article
7; and
3.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 the manner provided
by the provisions of New York State Town Law Articles 7 and 12A and the Town Board 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.
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Duly adopted this 19 day of March, 2007, by the following vote:
AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES: None
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ABSENT: None
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