020.2001
RESOLUTION APPROVING EXTENSION NO. 7 TO CENTRAL QUEENSBURY
QUAKER ROAD SEWER DISTRICT –
BAYBRIDGE HOMES DEVELOPMENT
RESOLUTION NO. 20.2001
INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Baybridge Homeowners Association (Baybridge) has asked the
Queensbury Town Board to establish an extension to the Central Queensbury Quaker
Road Sewer District to include the Baybridge Homes Development, to be known as Central
Queensbury Quaker Road Sewer District Extension No. 7, and
WHEREAS, the Queensbury Town Board supports such an extension, and
WHEREAS, a Map, Plan and Report has been prepared by Kevin L. Hastings, P.E.
regarding the proposed extension to the existing Central Queensbury Quaker Road Sewer
District to serve the Baybridge Homes Development located along Bay Road, Queensbury,
such area consisting of an area comprised of 14 attached Townhouses containing 64
dwelling units and 5 detached structures containing 5 dwelling units for a total community of
69 active units, with each unit privately owned and identified by individual tax numbers,
along with other parcels bearing Tax Map No.’s: 61-2-13, 61-2-999, 61-1-47, 61-2-102, 61-
1-41.3, 60-2-54 and 61-1-42, 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 sewer system, a report of the
proposed sewer system and method of operation, and
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WHEREAS, on July 10, 2000 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; (b) the proposed improvements;
(c) the maximum amount proposed to be expended for the improvement; (d) the estimated
cost of hook-up fees (if any) and the cost of the Sewer District 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
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held on July 24, 2000 and the Town Board has considered the evidence given together
with other information, 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
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District in accordance with Town Law §206-a, 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,
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 extension are benefited;
3. All property and property owners benefited are included within the limits of
the extension;
4. It is in the public interest to establish, authorize, and approve the Central
Queensbury Quaker Road Sewer District Extension No. 7 to the existing Central
Queensbury Quaker Road Sewer District as described in the Map, Plan and Report on file
with the Queensbury Town Clerk as more specifically described as follows:
A tract of land containing 56.10 acres, more or less, lying and being situate in
the Town of Queensbury, in the County of Warren, and the State of New York, being
more particularly described in Exhibit “A” and attached hereto and made a part
hereof for all purposes, being the same property deeded to John H. Dorlon by
Warranty Deeds from Ambrose Genier dated June 14, 1971, and July 6, 1973, and
respectively recorded in the Warren County Clerk'’ Office in Book 536, pages 228-
229, and in Book 570, pages 11-13, of the Deed Records, save and except that
portion thereof deeded to Warren County by Deed dated May 3, 1977 and recorded
in the Warren County Clerk’s Office in Book 606, page 689 of the Deed Records,
the property hereby conveyed being devised to Parties of the First Part by John H.
Dorlon, who died on January 11, 1981, by Will admitted to probate in the Warren
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County Surrogate’s Court on January 15, 1981 and filed in the Warren County
Clerk’s Office in Book 654 at Page 834.
That certain parcel of land situate in the Town of Queensbury, Warren
County, New York being part of Great Lots 38 and 32 of the First Division of the
Queensbury Patent and located on the southerly side of Walker Lane in the Town,
which parcel is bounded and described as follows:
Beginning at a concrete monument set in the southerly boundary line of
Walker Lane, which concrete monument is situate at a distance of 823.50 feet
westerly from the westerly line of the premises conveyed by John H. Dorlon to the
County of Warren for the widening of Bay Road by deed dated May 3, 1977 and
recorded in the Warren County Clerk’s Office on July 6, 1977 in Book 606 of Deeds
at page 689, as measured along the southerly boundary line of Walker Lane, and
which concrete monument is also the point of beginning for a warranty deed dated
September 10, 1985 from John H. Dorlon, Jr., and Martha Dorlon Mitchell to Valente
Builders, Inc., which deed was recorded in the Warren County Clerk’s Office on
October 29, 1985 in Book 675 of Deeds at Page 1020, running thence from the
place of beginning the following courses and distances:
1 South 05° 56’ 50” West, a distance of 728.93 feet to a point marking
the southwest corner of the lands herein conveyed and the southwest
corner of land conveyed by William Aronson and Clara Aronson to
John H. Dorlon by deed dated August 22, 1973 and recorded in the
Warren County Clerk’s Office on August 22, 1973 in Book 572 of
Deeds at page 387 thence
2 South 83° 04’ 20” East along the southerly boundary of the lands
herein conveyed, a distance of 812.60 feet to the westerly boundary
line of Bay Road thence
3 North 06° 43’ 20” East, a distance of 773.04 feet to the northeasterly
corner of the lands herein conveyed, also being the intersection of the
Bay Road with Walker Lane; thence
4 South 86° 07’ 10” East along the southerly boundary of Walker Lane,
a distance of 767.80 feet to a point thence
5 South 86° 35’ 10” East continuing along the southerly boundary of
Walker Lane, a distance of 55.70 feet to the point and place of
beginning
Containing 14.10 acres of land, more or less
Walker Lane, a road adjoining the property conveyed above on the north,
subject to right of way granted or reserved to various persons for the use thereof,
specifically reserving to the parties of the first part the right to use the traveled
portion of Walker Lane as an easement of ingress and egress to their other
properties which lie adjacent to the north line of Walker Lane.
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The lands described and conveyed herein are shown on a map entitled,
“Map of Lands to be conveyed by John H. Dorlon and Martha Dorlon Mitchell to
Valente Builders, Inc.,” and more particularly described as the Other Lands of
Dorlon and Mitchell containing 14.10 acres, made by Coulter & McCormack,
Licensed Land Surveyors, Glens Falls, New York, dated September 12, 1985 and
filed in the Warren County Clerk’s Office on October 29, 1985 in Plat Cabinet A,
Slide 28.
Being the same land conveyed by William Aronson and Clara Aronson, his
wife, to John H. Dorlon by deed dated August 22, 1973 and recorded in the Warren
County Clerk’s Office on August 22, 1973 in Book 572 of Deeds at page 387;
exempting therefrom that portion of the land conveyed by John H. Dorlon to the
County of Warren by deed dated May 3, 1977 and recorded in the Warren County
Clerk’s Office on July 6, 1977 in book 606 of Deeds at page 689 for the purpose of
widening the Bay Road, and also excepting therefrom that portion of the land subject
to permanent easement conveyed by John H. Dorlon to the County of Warren by
deed dated May 3, 1977 and recorded in the Warren County Clerk’s Office on July
6, 1977 in Book 606 of Deeds at Page 686.
5. 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 it
is in the public interest to extend the district only if all expenses of the district shall be
assessed against the entire 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.: 7 in accordance with the
boundaries and descriptions set forth herein and 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;
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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,
RESOLVED, that the Town Board hereby approves and authorizes an Agreement
substantially in the form presented at this meeting and in form acceptable to Town Counsel
between Baybridge Homeowners Association, Inc., and the Town of Queensbury on behalf
of the Central Queensbury Quaker Road Sewer District and authorizes and directs the
Town Supervisor to execute the Agreement and take such other and further action
necessary to effectuate the terms of this Resolution, 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 12-A 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.
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Duly adopted this 8 day of January, 2001, by the following vote:
AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower
NOES : None
ABSENT: None
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