385.98
NOTICE OF ADOPTION
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At a Regular Meeting of the Town Board of the Town of Queensbury held on October 19,
1998 at 7:00 P.M. at the Town of Queensbury, 742 Bay Road, Queensbury, New York, the
following Resolution was passed:
RESOLUTION APPROVING EXTENSION OF HILAND PARK SEWER
DISTRICT KNOWN AS HILAND PARK SEWER DISTRICT
EXTENSION NO. 1
RESOLUTION NO. 385.98
INTRODUCED BY: MR. THEODORE TURNER WHO MOVED ITS ADOPTION
SECONDED BY: MR. DOUGLAS IRISH
WHEREAS, the Town Board of the Town of Queensbury wishes to establish an extension to
the Hiland Park Sewer District to be known as the Hiland Park Sewer District Extension No. 1, and
WHEREAS, Adirondack Community College (the “Developer”) has agreed to make all
necessary improvements and pay all the costs of such extension, and
WHEREAS, a Map, Plan and Report has been prepared by William J. Levandowski, P.E., of
Rist-Frost Associates, P.C., an engineering firm licensed by the State of New York, 333 Glen Street, P.
O. Box 838, Glens Falls, New York 12801 regarding the proposed extension to the existing Hiland
Park Sewer District to serve Adirondack Community College at its 640 Bay Road location in the
Town of Queensbury such area consisting of the parcel or lot identified as Tax Map No.: 60-2-16.1, as
more specifically set forth and described in the Map, Plan and Report, and
WHEREAS, in addition the extension will include a 30’ wide sewer easement over the adjacent
parcel owned by Family Golf Centers, Inc. such area consisting of the parcel or lot identified as Tax
Map No.: 60-2-1, 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 October 5, 1998, subsequent to the filing of the Plan 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; 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
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WHEREAS, a public hearing on the proposed Sewer District was duly held on October 19,
1998 and the Town Board has considered the evidence given together with other information, and
WHEREAS, the Town Board of the Town of Queensbury desires to establish the proposed
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Sewer Extension as detailed in the Map, Plan and Report pursuant to Town Law, Article 12A, and
consolidate the same with the Hiland Park Sewer District pursuant to Town Law §206A, and
WHEREAS, the said 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
NOW, THEREFORE, BE IT
RESOLVED, that it is the 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;
2.It is in the public interest to establish, authorize, and approve the Hiland Park Sewer District
Extension No. 1 to the existing Hiland Park Sewer District as it has been described in the Map,
Plan and Report on file with the Town Clerk of the Town of Queensbury as more specifically
described as follows:
Beginning at a point at the intersection of the easterly boundary of Bay Road with the
northerly boundary of lands now or formerly of John M. and Wilma P. Hughes, said
boundary also being the northerly boundary of Brookview Acres Subdivision, and running
thence from said point of beginning northerly along the said easterly boundary of Bay Road
2,786 +/- feet to a point in the southerly boundary of lands now or formerly of Harry M.
and Mildred W. Covell; thence along the boundary of said lands now or formerly of Harry
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M. and Mildred W. Covell the following three (3) courses and distances: 1) South 83 52’
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East 33.5 +/- feet to a point; 2) North 6 08’ East 99.0 feet to a point; and 3) North 83
52’ West 35.5 +/- feet to a point in the aforementioned easterly boundary of Bay Road;
thence northerly along the said easterly boundary of Bay Road 901 +/- feet to a point in the
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southerly boundary of lands now or formerly of Marilyn L. Mathias; thence South 83 49’
East 201.37 feet to a point in the westerly boundary of lands now or formerly of David G.
and Delores K. Stanton; thence along the boundary of said lands now or formerly of David
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G. and Delores K. Stanton the following three (3) courses and distances: 1) South 6 08’
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West 80.65 feet to a point; 2) South 61 25’ East 100.0 feet to a point; and 3) North 6 08’
East 222.18 feet to a point in the southerly boundary of Haviland Road; thence
southeasterly along the said southerly boundary of Haviland Road 1,500 +/- feet to a point
in the westerly boundary of lands now or formerly of Family Golf Centers, Inc.; thence
southerly along the said westerly boundary of lands now or formerly of Family Golf
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Centers, Inc. the following three (3) courses and distances: 1) South 6 24’ West 2,400 +/-
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feet to point; 2) North 81 14’ West 64.7 feet to a point; and 3) South 5 36’; West 820.9
feet to a point in the aforementioned northerly boundary of Brookview Acres Subdivision;
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thence North 81 40’ West along the said northerly boundary of Brookview Acres
Subdivision 1,535 +/- feet to the point of beginning.
3. All property and property owners within the extension are benefitted thereby;
4. All property and property owners benefitted are included within the limits of the extension;
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
BE IT FURTHER,
RESOLVED, that: the Hiland Park Sewer District Extension No. 1 is hereby authorized,
approved and established 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 and 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.A permissive referendum in the manner provided in Article 7 of the Town Law of the State of New York;
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4.The adoption of a final Order by the Town Board of the Town of Queensbury;
5.The execution of an agreement concerning the extension in form acceptable to Town Counsel; and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in the manner provided
by the provisions of Article 7 and Article 12-A of the Town Law of the State of New York and the
Town Clerk is hereby authorized and directed to file, post, and publish such notice of this Resolution as
may be required by law.
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Duly adopted this 19 day of October, 1998, by the following vote:
AYES : Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne
NOES : None
ABSENT: None
I, Darleen M. Dougher, Town Clerk of the Town of Queensbury, Warren County, New York, do
hereby certify that I have compared the foregoing with original Resolution as listed above adopted at a
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Regular Meeting of the Town Board of the Town of Queensbury held on the 19 day of October,
1998, at which a quorum was present and that the same is a correct transcript therefrom and of the
whole original thereof to date.
IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, this
20th day of October, 1998.
SEAL SIGNED:__________________________
Darleen M. Dougher
Town Clerk
Queensbury
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