308.98
RESOLUTION AND FINAL ORDER ESTABLISHING
SURREY FIELDS SUBDIVISION EXTENSION AND
THUNDERBIRD DRIVE EXTENSION
TO THE QUEENSBURY CONSOLIDATED WATER DISTRICT
RESOLUTION NO. 308, 98
INTRODUCED BY: Mr. Richard Merrill
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Pliney Tucker
WHEREAS, the Town Board of the Town of Queensbury is desirous of adopting a Resolution
and Final Order establishing two (2) extensions to the Queensbury Consolidated Water District, to be
known as the Surrey Fields Subdivision Extension and Thunderbird Drive Extension, and
WHEREAS, a map, plan and report has been prepared on behalf of The Michaels Group (the
project developer requesting to extend the water district to these two areas) by Nace Engineering,
Thomas W. Nace, P.E., Consulting Engineer, 37 Chester Street, Glens Falls, New York 12801, an
Engineer licensed by the State of New York regarding the extensions of the existing Queensbury
Consolidated Water District, the Surrey Fields Subdivision Extension to serve an area in the westerly
area of the Town of Queensbury in the vicinity of the Surrey Fields Subdivision located on the west
side of Bay Road, north of Cedar Court and south of Tee Hill Road in the Town of Queensbury and
the Thunderbird Drive Extension to serve an area in the western portion of the Town of Queensbury,
west of West Mountain Road and south of Butler Pond Road, as more specifically set forth in the said
map, plan and report and described therein, and
WHEREAS, the map, plan and report has been filed in the Town Clerk's Office in the Town of
Queensbury and is available for public inspection, and
WHEREAS, the Town Board of the Town of Queensbury desires to establish the proposed
Water District Extensions pursuant to Town Law Article 12-A and consolidate the same with the
Queensbury Consolidated Water District, pursuant to §206-a of the Town Law of the State of New
York, and the Town Board notes that the manner in which this district is established takes into
consideration the cost of improvements benefiting the Queensbury Consolidated Water District and the
low cost of improvements benefiting the immediate existing properties, and
WHEREAS, the Town Board of the Town of Queensbury duly held a public hearing on April
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20, 1998 concerning the establishment of the Water District Extensions, at which time all persons
interested were afforded an opportunity to be heard, and
WHEREAS, the said Town Board has considered the establishment of the district extensions in
accordance with the provisions of the State Environmental Quality Review Act and has adopted a
Negative Declaration concerning environmental impacts, and
WHEREAS, after the public hearing and consideration of the State Environmental Quality
Review Act, the Town Board duly adopted Resolution No. 148.98 approving the establishment of the
two Water District Extensions, and
WHEREAS, the Town Clerk of the Town of Queensbury has reported that petitions
requesting a referendum have not been filed, and
WHEREAS, an agreement concerning the extensions has been duly executed by the parties
and filed in the Queensbury Town Clerk’s Office, and
WHEREAS, State Comptroller approval is not necessary,
NOW, THEREFORE, BE IT
RESOLVED AND ORDERED, that it is the final determination of the Town Board of the
Town of Queensbury that:
1.Notice of Public Hearing was published and posted as required by law and is otherwise sufficient;
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2.It is in the public interest to establish, authorize and approve the Surrey Fields Subdivision
Extension and Thunderbird Drive Extension to the Queensbury Consolidated Water District as has
been described in the map, plan and report on file with the Town Clerk of the Town of Queensbury
and as more specifically described herein;
3.All property, property owners and interested persons within said extensions are benefited thereby;
4.All property and property owners benefited are included in the extensions; and
5.Pursuant to §206-a of the Town Law of the State of New York, 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
IT IS FURTHER,
RESOLVED AND ORDERED, that:
1.The Surrey Fields Subdivision Extension and Thunderbird Drive Extension to the Queensbury
Consolidated Water District be and the same are hereby authorized, approved and established, in
accordance with the boundaries and description set forth in the previously described map, plan and
report, subject to the following:
A. The obtaining of necessary permits or approvals from the New York State Department
of Health;
B. The obtaining of any necessary permits or approvals from the New York State
Department of Environmental Conservation;
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2. The boundaries of the Surrey Fields Subdivision Extension and Thunderbird Drive Extension
to the Queensbury Consolidated Water District are as follows:
The Surrey Field Water District Extension shall include all of the following tax map parcels of
the Town of Queensbury: Section 48 Block 3 Parcels 31, 33, 39, 39.1, 39.2, 43 and 44 as
shown on the tax maps as of December 1, 1998; said parcels being the lands of the proposed
Surrey Field Subdivision which is to be filed subsequent to December 1, 1997 and when filed
will have the following tax map parcels: Section 48 Block 8 Parcels 1 through 41 inclusive;
Section 48 Block 8 Parcel 999 inclusive of all of the road right-of-ways as shown on the filed
subdivision map titled, “Surrey Field Subdivision” by VanDusen & Steves Surveyors dated
April 27, 1997. Additionally, the Surrey Field Water District Extension shall include tax map
parcels Section 48 Block 3 Parcels 37 and 38 which are not included in the aforementioned
subdivision.
The Thunderbird Drive Extension shall include all of tax map parcel Section 84 Block 1 Parcel
2 as shown on the tax maps of the Town of Queensbury as of December 1, 1997.
3. The improvements to be constructed by the Developer and included and made a part of the
extension shall consist of the purchase and installation of water distribution mains, hydrants and
gate valves and such other facilities and costs as more specifically set forth in the aforesaid
map, plan and report prepared by Nace Engineering;
4. All proposed water mains and appurtenances shall be installed in full accordance with the Town
of Queensbury specifications and ordinances and in accordance with approved plans and
specifications and under competent engineering supervision and thereafter all water mains and
improvements shall be turned over to the Town of Queensbury without charge;
5. The maximum amount to be expended for said improvement is estimated to be $110,000, said
amount to be paid by the Developer;
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6. There will be no financing of the proposed Water District Extension improvements by the
proposed District, the Town of Queensbury, or the Queensbury Consolidated Water District,
the Developer will contribute towards existing facilities, and parcels in the proposed District
will contribute to the Consolidated Water District as herein set forth;
7. In accordance with §206-a of the Town Law, all of the expenses of the Queensbury
Consolidated Water District, including all extensions heretofore or hereafter established, shall
be a charge against the entire area of the district as extended;
8. Expenses occasioned after the creation of the extension shall be assessed, levied and/or
collected from the several lots and parcels of land within the extension on the same basis as the
assessments, levies and/or collections are made in the Queensbury Consolidated Water District
and such assessments shall be made on an ad valorem basis and user charge basis (water meter
charges);
9. The map, plan and report describing the improvements and area involved is on file in the Town
Clerk's Office of the Town of Queensbury for public inspection;
and
BE IT FURTHER,
ORDERED,
1.That a certified copy of this resolution and order be further filed and recorded in the Office of the
Clerk of the County of Warren;
2.That the Town Clerk, as required by law, file a certificate with the Clerk of the County of Warren
that no petitions for referendum have been filed;
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3.That any other filings of this resolution mandated by law be completed by the Town Counsel's
Office;
and
BE IT FURTHER,
ORDERED, that a consolidated assessment bill shall be prepared for next year in which
assessments are levied against the extended district, and
BE IT FURTHER,
ORDERED, that this Order is a Final Order and shall take effect immediately.
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Duly adopted this 17 day of August, 1998, by the following vote:
AYES : Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne
NOES : None
ABSENT: None
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