227.2006
RESOLUTION APPROVING CENTRAL QUEENSBURY QUAKER ROAD
SEWER DISTRICT EXTENSION NO. 10 – BAY ROAD
RESOLUTION NO. 227, 2006
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Queensbury Town Board wishes to establish an extension to the Central
Queensbury Quaker Road Sewer District to be known as Central Queensbury Quaker Road Sewer
District Extension No. 10 – Bay Road, and
WHEREAS, a Map, Plan and Report has been prepared by C. T. Male Associates, P.C.,
engineers licensed by the State of New York, which Map, Plan and Report was amended as to
corrections as detailed in letters from C. T. Male Associates, P. C., to Darleen Dougher dated March
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17, 2006 and a Memorandum from C. T. Male Associates, P. C., to Stuart Baker dated April 9,
2006 regarding the proposed Sewer District Extension to be installed along the western side of Bay
Road, from Walker Lane to Blind Rock Road, a length of approximately .95 miles to include The
Cedars Senior Living Community and any professional office development that complies with current
zoning on the following tax map parcels:
289.19-1-15;
296.7-1-15.1;
296.7-1-15.2;
289.19-1-23
289.19-1-24
289.19-1-25
289.19-1-26
289.19-1-27
289.19-1-28
289.19-1-29
289.19-1-30
289.19-1-31
289.19-1-32
289.19-1-33
289.19-1-34
as more specifically set forth and described in the Map, Plan and Report, 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 was 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
th
WHEREAS, on March 20, 2006 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
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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, public hearings on the proposed Sewer District Extension were duly held on April
rdst
3 and May 1, 2006 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
Extension with the Central Queensbury Quaker Road Sewer District in accordance with Town Law
§206A,
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 District Extension are benefited;
3.All property and property owners benefited are included within the limits of the District
Extension;
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4.It is in the public interest to establish, authorize, and approve the Central Queensbury
Quaker Road Sewer District Extension No. 10 – Bay Road to the existing Central Queensbury Quaker
Road Sewer District as described in the Map, Plan and Report on file with the Queensbury Town
Clerk;
5.In accordance with New York State Town Law §206A, 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.: 10 – Bay Road in accordance with the
boundaries and descriptions set forth 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.Permissive referendum in the manner provided in New York State Town Law Article
7; and
4.The adoption of a Final Order by the Queensbury Town Board;
and
BE IT FURTHER,
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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.
st
Duly adopted this 1 day of May, 2006, by the following vote:
AYES : Mr. Strough, Mr. Stec, Mr. Boor, Mr. Sanford
NOES : None
ABSENT:Mr. Brewer
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