240.99
RESOLUTION AND FINAL ORDER APPROVING ESTABLISHMENT OF
CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT
EXTENSION NO. 4
RESOLUTION NO. 240, 1999
INTRODUCED BY: Mr. Pliney Tucker
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town Board of the Town of Queensbury wishes to establish an extension to
the Central Queensbury Quaker Road Sewer District to be known as the Central Queensbury Quaker
Road Sewer District Extension No. 4, and
WHEREAS, Stewart’s Ice Cream Company, Inc., (the Developer) has agreed to make all
necessary improvements and pay all the costs of such extension, and
WHEREAS, based on the recommendation of the Town of Queensbury’s Director of
Wastewater, the Town Board has requested that the Developer install excess capacity as part of the
improvements to accommodate future growth in the area, where the cost of such excess capacity in the
amount of $10,000 will be paid by the Town’s General Fund, to be reimbursed when later development
occurs, and
WHEREAS, a Map, Plan and Report has been prepared by Lawrence H. Rutland, Jr., P.E., an
Engineer licensed by the State of New York, regarding the proposed extension to the existing Central
Queensbury Quaker Road Sewer District to serve a Stewart’s Shop to be located at the corner of Bay
and Cronin Roads in the Town of Queensbury, such area consisting of a parcel bearing Tax Map No.:
60-2-11.1 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 Town Clerk's Office in the Town
of Queensbury 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 of the Town of Queensbury wishes to establish the proposed
sewer extension in accordance with Town Law Article 12A and consolidate it with the Central
Queensbury Quaker Road Sewer District in accordance with Town Law, §206-a, and
WHEREAS, the Town Board considered the establishment of the extension in accordance
with the provisions of the State Environmental Quality Review Act and adopted a negative declaration
concerning environmental impacts, and
WHEREAS, the Town Board also adopted a Resolution approving the extension of the
District subject to a permissive referendum, and
WHEREAS, the Certificate of the Town Clerk required to be filed in accordance with
Subdivision 4, Town §209-e establishes that no petition was filed requesting a referendum, and
WHEREAS, State Comptroller approval is not necessary, and
WHEREAS, the Town wishes to adopt a Final Order extending the Central Queensbury
Quaker Road Sewer District,
NOW, THEREFORE, IT IS
ORDERED, that it is the determination of the Town Board of the Town of Queensbury, that:
1.The Notice of Public Hearing was published and posted as required by law and is otherwise
sufficient.
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2.An Agreement between the parties has been executed and filed in the Queensbury Town Clerk’s
Office;
3.It is in the public interest to establish, authorize, and approve the Central Queensbury Quaker Road
Sewer District Extension No. 4 to the Central Queensbury Quaker Road Sewer District as it 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;
4.The extension benefits all property and property owners within the extension;
5.All benefited property and property owners are included within the limits of the extension;
6.In accordance with §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;
IT IS FURTHER,
ORDERED, that:
1.The Central Queensbury Quaker Road Sewer District Extension No. 4 to the Central Queensbury
Quaker Road Sewer District be and the same is hereby authorized, approved and established in
accordance with the boundaries and descriptions set forth herein and in the Map, Plan and Report
and construction of the improvement may proceed and service provided and subject to the
following:
A. the obtaining of any necessary permits or approvals from the New York State
Department of Health;
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B. the obtaining of any necessary permits or approvals from the New York State
Department of Environmental Conservation;
2. The boundaries of the Central Queensbury Quaker Road Sewer District Extension No. 4 to the
Central Queensbury Quaker Road Sewer District are as follows:
All that piece or parcel of land situate, lying and being in the Town of Queensbury, County of
Warren and State of New York being bounded and described as follows:
Beginning at a point marked by an iron pin at the intersection of the east bounds of Bay Road
(Warren County Route 7) with the north bounds of Cronin Road, said point being the
southwesterly corner of lands of the grantors herein, Roger and Barbara Brassel, and the
southwesterly corner of the parcel herein described; running thence along said east bounds of
Bay Road the following three courses:
N 04° 43’ 50” E 74.17’ to an iron pin;
S 81° 24’ 10” E 10.00’ to a capped iron pin;
N 06° 12’ 40” E 120.10’ to a capped iron pin set;
thence leaving said bounds of Bay Road and running through lands of Brassel
S 84° 06’ 28” E 284.03’ to a capped iron pin set
on the west bounds of lands of JBJ Queensbury, LLC; running thence along said west bounds
of lands of JBJ Queensbury, Inc.
S 05° 53’ 33” W 207.42’ to a capped iron pin set
on the aforementioned north bounds of Cronin Road; running thence along said north bounds
of Cronin Road
N 81° 26’ 40” W 293.50’ to the point and place
of beginning. Containing 1.327 acres of land.
3. The improvements to be included and made a part of the extension shall be as more specifically set
forth in the Map, Plan and Report prepared by Lawrence H. Rutland, Jr., P.E., and the cost shall
also include a payment of the appropriate charge due the City of Glens Falls at the time of the initial
hook-up;
4. All proposed construction, with the exception of the additional cost described below in paragraph 7
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of this Order, shall be installed and paid for by the Developer (including the cost payable to the City
at the time of initial hook-up) and shall be constructed and installed in full accordance with the
Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations,
and in accordance with approved plans and specifications, and under competent engineering
supervision;
5. The maximum amount proposed to be expended for this improvement will not be greater than
$29,000, plus a one time buy-in fee estimated to be $1.35 per gallon of average daily flow, which in
this case would be $742.50 or a total of $29,742.50. Such improvement costs shall be paid by the
Developer and there shall be no cost to the Town of Queensbury or the Central Queensbury
Quaker Road Sewer District for the proposed extension except as described in paragraph 7 below.
The areas or properties that comprise the extension however, will be subject to the same cost for
operation, maintenance and capital improvements as in the Central Queensbury Quaker Road
Sewer District.
6. The method of apportioning costs is such that the Developer and/or Owner of the property which
the extension will service, will pay the cost for engineering, installation of the sewer pipe, with the
exception of the additional cost described in paragraph 7 below, and necessary appurtenances and
the initial capital charge payable to the City of Glens Falls for use of its sewage treatment plant.
The extension will thereafter be consolidated with the Central Queensbury Quaker Road Sewer
District and properties therein will be assessed taxes and/or pay user fees in the same manner and in
the same amounts as similar properties are assessed or billed in the Central Queensbury Quaker
Road Sewer District;
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§
7. In accordance with 192-a of Town Law, the Town Board hereby authorizes its General Fund to
reimburse the Developer the amount of $10,000 as the estimated additional cost to the Developer
to install a sewer line that will meet not only the Developer’s needs, but will also meet the needs
caused by future growth along the Bay Road corridor. The General Fund shall reimburse the
Developer such amount when the portion of the sewer line designated for future use is put into
operation and the project is completed satisfactorily to the Town; and
8. There will be no financing of the construction or installation cost for the proposed sewer extension
and no amount shall be paid therefor by the extension, with the exception of the additional cost
described in paragraph 7 above, the Town of Queensbury or the Central Queensbury Quaker Road
District, the Developer being completely responsible for the same, as well as the charge payable to
the City at the time of the initial connection of the extension;
§
9. In accordance with Town Law 206-a, it is in the public interest to assess all expenses of the
district, including all extensions included 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.
10. 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 Central Queensbury Quaker Road Sewer District and
such assessments shall be made on a benefit basis and/or user charge basis;
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11. The Map, Plan and Report describing the improvements and area involved is on file with the Town
Clerk of the Town of Queensbury and is available for public inspection;
and
BE IT FURTHER,
ORDERED, that the Town Clerk shall make arrangements to record a certified copy of this
Resolution and Order in the Warren County Clerk’s Office and send a certified copy of this Resolution
and Order to the State Department of Audit & Control at Albany, New York, the Town of
Queensbury Assessor's Office, Community Development Department and Wastewater Department,
within 10 days of the date of adoption of this Order.
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Duly adopted this 19 day of July, 1999, by the following vote:
AYES : Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne
NOES : None
ABSENT: None
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