316.99
RESOLUTION AND FINAL ORDER APPROVING ESTABLISHMENT OF
CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT
EXTENSION NO. 6
RESOLUTION NO. 316.99
INTRODUCED BY: Mr. Richard Merrill
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 Central Queensbury Quaker Road Sewer District to be known as the Central Queensbury Quaker
Road Sewer District Extension No. 6, and
WHEREAS, Everest Enterprises, LLC, (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 Haanen Jenkin & Hutchins, LLC,
engineers licensed by the State of New York, regarding the proposed extension to the existing Central
Queensbury Quaker Road Sewer District to serve the Ponderosa Restaurant and an 80 unit Sleep Inn
Hotel to be constructed by the Developer located along Route 9 just north of the Ponderosa
Restaurant, Queensbury, such area consisting of parcels bearing Tax Map No.’s: 71-2-2 and 71-2-14.2
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 Section 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 permissive referendum, and
WHEREAS, in the Resolution approving the extension, the extension was referred to as
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Extension No. and the Deputy Director of Wastewater has since advised that the extension is actually
the sixth extension of the Central Queensbury Quaker Road Sewer District and so this extension
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should be referred to as Extension No. , and
WHEREAS, the Certificate of the Town Clerk required to be filed in accordance with
Subdivision 4, Town Law Section 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. 6 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 Section 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. 6 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
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Department of Health;
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. 6 to the
Central Queensbury Quaker Road Sewer District are as follows:
All that piece or parcel of land, situate in the Town of Queensbury, Warren County, New
York, lying along the easterly side of NYS Route 9 and southerly of Sweet Road and being
further bounded and described as follows:
Beginning at a point in the easterly line of NYS Route 9 at the division line of lands N/F of
V.W. Weeks (occupied by Gambles Bakery) to the north and lands of D&C Management
Associates, Inc. to the south and runs thence along said division line S87°-36’’-30”E 234.86’
to a point in the easterly line of the aforesaid V.W. Weeks, thence along said easterly line
N06°-58’-30”W 100.0’ to a point in the southerly line of Sweet Road; thence along said
southerly line S87°-36’-30”E 75.70’ to a point in the westerly line of lands N/F of George and
Donald Weeks; thence along said westerly line S06°-51’-00”E 200.0’ to a point in the
southerly line of the aforesaid George and Donald Weeks; thence along said southerly line
S87°-36’-30”E 208.0’ to a point in the westerly line of Montray Road; thence along said
westerly and northerly lines of Montray Road the following five courses S06°-51’-00”E
153.80’ to a point; thence S06°-08’-30”E 305.43’ to a point of curvature; thence on a curve to
the right of radius 204.90’, a distance of 156.70’ to a point of compound curvature; thence
continuing on a curve to the right of radius 315.0’ a distance of 321.94’ to a point of tangency
and N83°-46’-00”W 84.70’ of D’Angelo; thence along said easterly and northerly line of said
D’Angelo the following two courses N06°-14’-00”E 250.0’ to a point and N83°-46’-00”W
217.80’ to a point in the easterly line of NYS Route 9; thence along said easterly line the
following three courses N08°-22’-10”E 176.10’ to a point; thence N01°-13’-00”E 266.58’ to a
point and N06°-20’-30”W 123.93’ to the point or place of beginning, containing 8.85± acres of
land.
ALL THAT TRACT, PIECE OR PARCEL OF LAND, situate in the Town of Queensbury,
Warren County, New York, lying along the easterly side of NYS Route No. 9, southerly of
Sweet Road and being further bounded and described as follows:
Beginning at a point in the easterly line of NYS Route No. 9 at the division line of lands N/F of
V.W. Weeks (occupied by “Gambles Bakery”) to the north and lands of D&C Management to
the south, and runs thence easterly along said division line S87°-36’-30”E, 234.86’ to a point in
the easterly line of the aforesaid V.W. Weeks; thence along said easterly line N06°-58’-30”W,
100.0’ to point in the southerly line of Sweet Road; thence along said southerly line S87°-36’-
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30”E, 75.70’ to a point in the westerly line of lands N/F George Weeks and Donald Weeks;
thence along said westerly line S-06°-51’-00”E, 200.0’ to a point of intersection of the
southerly line of the aforementioned George Weeks and Donald Weeks; thence continuing
southerly through lands of D&C Management S06°-51’-00”E, 285.0’ to a point in the
northerly line of the Ponderosa Restaurant; thence along said northerly line N83°-46’-00”W,
349.34’ to a point in the easterly line of NYS Route No. 9; thence along said easterly line the
following two courses N01°-13’-00”E, 234.19’ to a point and N06°-20’-30”W, 123.93’ to the
point or place of beginning, containing 2.90± acres of land.
The above described parcel is subject to two easements along the southerly line of the above
described parcel.
Easement Along Southerly Line of Lot No. 1
Beginning at a point in the easterly line of NYS Route No. 9 where it is intersected by the
northerly line of the Ponderosa Restaurant parcel and runs thence along the easterly line of
NYS Route No. 9 N01°-13’-00”E, 15.06’ to a point; thence easterly and southerly through
lands previously described (2.90± acres), S83°-46’-00”E, 347.17’ to a point and S06°-51’-
00”E, 15.40’ to a point in the northerly line of the Ponderosa Restaurant parcel; thence along
said northerly line N83°-46’-00”W, 349.34’ to the point or place of beginning. Being a 15’
wide easement entirely within Lot #1 Parcel.
A 30 x 30 Easement to the Town of Queensbury
Beginning at a point in the easterly line of NYS Route No. 9, said point being distant the
following two courses from the division line of lands N/F of V.W. Weeks to the north
(occupied by “Gambles Bakery”) and lands of D&C Management to the south S06°-20’-30”E,
123.93’ to a point and S01°-13’-00”W, 211.66’ to the point of beginning and runs thence the
following three (3) courses through lands of the aforesaid Kapoor S83°-46’-00”E, 30.0’ to a
point; thence S01°-13’-00”W, 30.12’ to a point; thence N83°-46’-00”W to a point in the
easterly line of NYS Route No. 9, thence along said easterly line N01°-13’-00”E, 30.12’ to the
point or place of beginning, containing 0.026± 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 Haanen Jenkin & Hutchins, LLC, 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 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
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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 these improvements will be approximately
$37,500, plus a one time buy-in fee estimated to be $1.35 per gallon of average daily flow, which in
this case is $5,400. 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. 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 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;
7. 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, 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;
8. In accordance with Town Law Section 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.
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9. Expenses incurred 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;
10. 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 20 day of September, 1999, by the following vote:
AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne
NOES: None
ABSENT:Mr. Turner
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