077.2022 Final Order Approv. Greater Qby Consolidated Sanitary Sewer District Ext No1 RESOLUTION AND FINAL ORDER APPROVING GREATER QUEENSBURY
CONSOLIDATED SANITARY SEWER DISTRICT EXTENSION NO.: 1 TO
SERVE PROPOSED 14-UNIT TOWNHOUSE PROJECT AND
OTHER NON-CONTIGUOUS PROPERTIES
RESOLUTION NO.: 77,2022
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Town of Queensbury wishes to extend the Greater Queensbury
Consolidated Sanitary Sewer District to serve a proposed 14-unit townhouse style multi-family
housing project to be developed by Mountain Vista Properties (Developer) and located at 20
Newcomb Street as well as 26 non-contiguous parcels located in various parts of the Town as
follows:
Tax ID No: Address:
SBL#289.15-1-50 742 Bay Road
SBL#296.7-1-11 633 Bay Road
SBL#296.11-1-33 535 Bay Road
SBL#296.11-1-41 551 Bay Road
SBL#296.11-1-42 543 Bay Road
SBL#296.13-1-2 1 Lawton Road
SBL#296.13-1-3 5 Lawton Road
SBL#296.13-1-15 7 Sweet Road
SBL#296.13-1-16 9 Sweet Road
SBL#296.14-1-1 36 Sweet Road
SBL#296.14-1-12 25 Sweet Road
SBL#296.14-1-14 35 Sweet Road
SBL#296.14-1-24 113 Sweet Road
SBL#296.15-1-1 148 Sweet Road
SBL#296.15-1-23 425 Bay Road
SBL#296.15-1-27 445 Bay Road
SBL#296.18-1-7 122 Sweet Road
SBL#296.18-1-19 106 Sweet Road
SBL#296.18-1-25 80 Sweet Road
SBL#296.18-1-34 42 Sweet Road
SBL#296.18-1-35 38 Sweet Road
SBL#296.69-1-5 1 Queens Way
SBL#309.11-2-24 13.5 Luzerne Road
SBL#309.11-2-25 13 Luzerne Road
SBL#309.11-2-31 7 Luzerne Road
SBL#309.17-1-11 363 Big Bay Road
collectively referred as the "Properties" in accordance with New York Town Law Article 12-A,
and
WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by
Environmental Design Partnership, LLP concerning the proposed Sanitary Sewer District
Extension No.: 1 (Extension) to connect the proposed Properties to the existing Greater
Queensbury Consolidated Sanitary Sewer District as more specifically set forth and described in
the Map, Plan and Report, and
WHEREAS, the Map, Plan and Report has been accepted by the Town and 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
Extension, a general plan of the proposed system, a report of the proposed method of operation,
all outlets and the terminus and course of each proposed main sewer or drain together with the
location and a general description of all sewage disposal plants, pumping stations and other public
works, if any, and is consistent with, so far as possible, any comprehensive plan for sewers
developed and maintained pursuant to General Municipal Law §99-f, and
WHEREAS, as Lead Agency, the Queensbury Planning Board conducted a State
Environmental Quality Review Act (SEQRA) Review, with the Project being an Unlisted Action,
of Site Plan 35-2021 Chris Racicot for construction of the 14-unit townhouse style multi-family
housing project, and issued a SEQRA Negative Declaration for this Project and associated work,
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specifically including this sewer construction Project, and
WHEREAS, on December 20t", 2021 subsequent to the filing of the Map, Plan and Report
with the Town Clerk, the Town Board adopted an Order (Public Hearing Order) reciting (a) the
boundaries of the proposed Extension; (b) the proposed improvements; (c) the maximum amount
proposed to be expended for the improvements; (d) the fact that all costs of the improvements will be
paid for by the property owner and not the Town of Queensbury; (e) the estimated cost of hook-up
fees (if any) and the estimated annual cost of the Extension to the properties in the Extension; (f) the
proposed method of financing to be employed; (g) the fact that a Map, Plan and Report describing the
improvements is on file in the Town Clerk's Office; and (h) the time and place of a public hearing on
the proposed Extension; 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 also placed on the Town's website,
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 Extension to the properties were
computed was filed with the Town Clerk for public inspection as part of the Map, Plan and Report,
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, the estimated annual cost of the Extension to the parcels has been filed with the
Town Clerk and is made a part of the Map,Plan and Report, and
WHEREAS, a public hearing on the proposed Extension was duly held on Monday, January
I Ot", 2022 and the Town Board considered the evidence given together with other information, and
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WHEREAS, on January 10t', 2022 the Town Board adopted Resolution No.: 43, 2022
determining that (a) the Order scheduling the Public Hearing was published and posted as required by
law and was otherwise sufficient, (b) all of the property and property owners within the proposed
Extension would be benefited thereby, (c) all of the property and property owners benefited are
included within the boundaries of the proposed Extension, and (d) it is in the public interest to
establish, authorize, and approve the Extension as described in the Map, Plan and Report on file with
the Queensbury Town Clerk with the boundaries and benefited properties of the Extension to be as
described in the Map, Plan and Report and Public Hearing Order, subject to Permissive Referendum in
the manner provided in New York State Town Law Articles 7 and 12-A and subject to certain
conditions specified in the Resolution, and
WHEREAS, the Town Clerk duly posted and published the notice required for resolutions
subject to Permissive Referendum and no Petition for Referendum was filed within 30 days after the
date of the Resolution, and the Town Clerk has caused a certificate to that effect to be filed in the
office of the County Clerk, and
WHEREAS, the permission of the State Comptroller is not required in accordance with Town
Law §209-f, and
WHEREAS, the Town Board wishes to establish the proposed Extension as detailed in the
Map,Plan and Report in accordance with New York State Town Law Article 12-A,
NOW, THEREFORE, IT IS HEREBY
ORDERED, that the Greater Queensbury Consolidated Sanitary Sewer District Extension
No. 1 be established as described in this Order and in the Map, Plan and Report prepared by
Environmental Design Partnership, LLP having extension boundaries as detailed in the metes and
bounds description from the Town's Public Hearing Order Resolution No.: 426, 2021 dated December
20t', 2021 and attached hereto as Schedule A and the improvements described in the Map, Plan and
Report be constructed and the service within the District be provided upon the required funds being
made available or provided for, and it is
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FURTHER ORDERED, that the Queensbury Town Clerk is hereby authorized and directed to
cause a certified copy of this Order to be duly recorded in the Warren County Clerk's Office and to be
filed in the Office of the New York State Department of Audit and Control in the time and manner
required by law, and it is
FURTHER ORDERED, that the Queensbury Town Board authorizes and directs the Town
Supervisor, Town Clerk, Wastewater Director and/or Town Counsel to take all other actions
necessary to effectuate the terms of this Resolution.
Duly adopted this 14th day of February, 2022, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
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SCHEDULE A — Metes and Bounds Description
Sewer Services descripts over all those certain tracts, pieces or parcels of land situate in the
Town of Queensbury, County of Warren, State of New York, lying along the westerly and
easterly line of Newcomb Street and being further bounded and described as follows:
Parcel"A"—Newcomb Street Sewer District Extension
Beginning at the point of intersection of the westerly line of Newcomb Street and the common
division line of SBL#30910-2-68 to the south and SBL#30910-2-67 to the north;
Thence from said Point of Beginning along said common division line, in a general easterly
direction, to a point of intersection of said common division line and the intersection of the
northwesterly corner of SBL#30910-2-71 and the southwesterly corner of SBL#30910-2-46;
Thence along the common division line of SBL#309.10-2-67 and SBL#309.10-2-66 generally to
the west and SBL#309.10-2-46 generally to the east;
Thence along the common division line of SBL#309.10-2-66 to the south and SBL#309.10-2-47
to the north in a general westerly direction to a point, said point being the southeast corner of
SBL#309.10-2-65 and the southwest corner of SBL#309.10-2-47 and the northern boundary of
SBL#309.10-2-66;
Thence along the easterly line of SBL#309.10-2-65, SBL#309.10-2-64 and SBL#309.10-2-63
to the west and SBL#309.10-2-47 and SBL#309.10-2-48 to the east in a general northerly
direction, to a point of intersection, said intersection point being the northeast corner of
SBL#309.10-2-63 and the Southeast corner of SBL#309.10-2-62;
Thence along the common division line of SBL#309.10-2-63 to the south and SBL#309.10-2-62
to the north in a general westerly direction, to a point of intersection of said common division
line and the easterly line of Newcomb Street;
Thence diagonally across the Newcomb Street Right of Way in a generally southwesterly
direction to a point, said point being the common intersection of the western Right of Way of
Newcomb Street and the northeastern corner of SBL#309.101-60;
Thence along the common division line of SBL#309.10-1-60 and SBL#309.10-1-63 to the south
and SBL#309.10-1-64 to the north in a general westerly direction, to a point of intersection of
said common division line and the easterly line of SBL#309.10-1-79;
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Thence along the common division line of SBL#30910-1-63 to the east and SBL#30910-1-79
to the west in a general southerly direction, to a point of intersection of said common division
line and the northeasterly corner of SBL#309.10-1-51 and the northwesterly corner of
SBL#309.10-1-52;
Thence along the common division line of SBL#309.10-1-63 and SBL#309.10-1-60 to the north
and SBL#309.10-1-52, SBL#309.10-1-53, SBL#309.10-1-55, SBL#309.10-1-56 and
SBL#309.10-1-57 to the south in a general easterly direction, to a point of intersection of said
common division line and the northwesterly corner of SBL#309.10-1-57 and SBL#309.10-1-60;
Thence along the common division line of SBL#309.10-1-57 to the west and SBL#309.10-1-60
to the east in a generally southerly direction to a point, said point being a corner of said parcels,
Thence along the common division line of SBL#309.10-1-57 and SBL#309.10-1-59 to the south
and SBL#309.10-1-60 to the north in a general easterly direction, to a point in the westerly line
of Newcomb Street Right of Way;
Thence generally southeasterly across Newcomb Street Right of Way to the point of beginning.
The above described Sewer Service District Extension is intended to include all of those parcels
as contained within the above described area as shown on the Warren County Real Property Tax
Map in the Town of Queensbury, NY and is not intended for the conveyance of Real Property.
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