357.2019 Final Order Approving Queensbury Technical Park Sewer District Extension Nodoc00224120190514140430
RESOLUTION AND FINAL ORDER APPROVING QUEENSBURY
TECHNICAL PARK SEWER DISTRICT EXTENSION NO. 7
RESOLUTION NO.: 357, 2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury
Technical Park Sewer District (hereinafter the “District”) to be known as the Queensbury Technical
Park Sewer District Extension No. 7 (hereinafter the “Sewer District Extension”), and
WHEREAS, a Map, Plan and Report has been prepared by Nace Engineering, P.C., engineers
licensed by the State of New York regarding the proposed Sewer District Extension to permanently
serve a new development of Luzerne Road Duplexes to be constructed by Hayes & Hayes on one (1)
parcel bearing Tax Map Identification No.: 309.10-1-97 and located on Luzerne Road as more
specifically set forth and described in the Map, Plan and Report, and
WHEREAS, the Map, Plan and Report has been accepted and approved by the Town and 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, 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
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WHEREAS, on August 19, 2019 subsequent to the filing of the Map, Plan and Report with
the Town Clerk, the Town Board adopted Order No. 284,2019 (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 fact that all costs of the
improvements will be paid for by the property owner and not the Town of Queensbury; (e) the
estimated cost of hook-up fees (if any) and the cost of the Sewer District Extension to the only one
property in the Sewer District Extension so it is the typical property); (f) the proposed method of
financing to be employed; (g) the fact that a Map, Plan and Report describing the improvements is on
file in the Town Clerk’s Office; and (h) the time and place of a public hearing on the proposed Sewer
District Extension; 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 parcel were
computed was filed with the Town Clerk for public inspection as part of the Map, Plan and Report,
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, the estimated annual cost of the District Extension to the 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 Extension was duly held on
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Monday, September 9, 2019 and the Town Board considered the evidence given together with other
information, and
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WHEREAS, on September 9, 2019, 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.: 289,2019 adopted a Negative Declaration concerning environmental
impacts, and
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WHEREAS, on September 9, 2019, the Town Board adopted Resolution No.: 290,2019
determining that (a) the Order scheduling the Public Hearing was published and posted as required by
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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
ORDERED, that the Queensbury Technical Park Sewer District Extension No. 7 be
established as described in this Order and in the Map, Plan and Report prepared by Nace Engineering,
P.C., having extension boundaries as detailed in the metes and bounds description from the Town’s
Public Hearing Order Resolution No.: 284,2019 dated August 19, 2019 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
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FURTHER ORDERED, that the Town Board authorizes and directs the Town Clerk 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 21 day of October, 2019, by the following vote:
AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
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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 northerly bounds of Luzerne Road at the
southwest corner of the lands now or formerly of Thomas Spring; running thence North 81
degrees, 07 minutes and 53 seconds West, along said Luzerne Road, a distance of 111.17 feet
to the southeast corner of lands now or formerly of Edward Murray; thence running along said
lands the following two courses and distances:
(1) North 08 degrees, 22 minutes and 02 seconds East, a distance of 127.65 feet;
(2) North 81 degrees, 31 minutes and 38 seconds West, a distance of 271.01 feet to a
point in the easterly bounds of the lands of the West Glens Falls Volunteer Fire Company No.
1; thence running North 06 degrees, 18 minutes and 50 seconds East, along said lands and
along the lands of Fire Fighters of West Glens Falls Association, a distance of 479.87 feet to
the northeast corner thereof and the southerly bounds of Sunset Avenue; thence running South
73 degrees, 20 minutes and 58 seconds East, along the southerly bounds of said Sunset
Avenue, the southerly bounds of lands of Matthew Ball and the southerly bounds of the lands
of Patricia Jones and part of the way along the southerly bounds of Mallory Avenue, a total
distance of 261.37 feet to a point at the northwesterly corner of said lands of Thomas Spring;
thence running South 05 degrees, 28 minutes and 38 seconds East, along said lands of Spring,
a distance of 588.11 feet to the point and place of beginning, containing 3.48 acres of land to
be the same more or less.
Bearings given in the above description refer to magnetic North.
SUBJECT to easements of record.
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