071.2020 Final Order Approving Route 9 Sanitary Sewer District Ext. No
RESOLUTION AND FINAL ORDER APPROVING
ROUTE 9 SANITARY SEWER DISTRICT EXTENSION NO. 3
RESOLUTION NO.: 71, 2020
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 Town’s
Route 9 Sanitary Sewer District (hereinafter the “District”) to be known as the Route 9 Sanitary Sewer
District Extension No. 3 (hereinafter the “Sewer District Extension”), and
WHEREAS, a Map, Plan and Report has been prepared by Lansing Engineering, engineers
licensed by the State of New York regarding the proposed Sewer District Extension to permanently
serve an existing apartment development known as Robert Gardens North on one (1) parcel bearing
tax map identification no.: 296.17-1-41 and located at 220 Weeks 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, 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
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WHEREAS, on December 2, 2019 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 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, 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 also placed on the Town’s website,
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, December 16, 2019 and the Town Board has considered the evidence given together with
other information, and
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WHEREAS, on December 16, 2019 the Town Board adopted Resolution No.: 406,2019
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
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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 Route 9 Sanitary Sewer District Extension No. 3 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
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Order Resolution No.: 399,2019 dated December 2, 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
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
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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 27 day of January, 2020, by the following vote:
AYES: Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer
NOES: None
ABSENT: Mrs. Switzer
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SCHEDULE A – Metes and Bounds Description
All that certain sewer district extension situate in the Town of Queensbury, County of Warren,
State of New York lying along the northerly line of Weeks Road, being further bounded and
described as follows:
Beginning at the point of intersection of the common division line between tax map parcel
(T.M.P.) 296.17-1-41 to the East and T.M.P. 296.69-1-34 to the West with the northerly line
of Weeks Road, thence from said point of beginning in a northerly direction along said
common division line and the easterly lines of T.M.P.’s 296.69-1-32, 27, 22 and the easterly
line of Queens Way, 875± feet to a point in the southerly line of T.M.P. 296.13-1-20, thence in
a easterly direction along said southerly line, 656± feet to the point of intersection with the
westerly line of T.M.P. 296.13-1-17.1, thence in a southerly direction along said westerly line
and along the westerly line of T.M.P. 296.17-1-42, 870± feet to a point in the northerly line of
Weeks Road, thence along said northerly line 863± feet to the point of beginning.
Intending to describe tax map parcel 296.17-1-41
and as more specifically set forth and described in the Map, Plan and Report.
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