168 (B).2022 Approve Greater Qsby Sewer Ext No 2 Tidal Wave Auto Spa RESOLUTION APPROVING GREATER QUEENSBURY CONSOLIDATED
SANITARY SEWER DISTRICT EXTENSION NO.: 2
TO SERVE TIDAL WAVE AUTO SPA LOCATED AT
708 QUAKER ROAD, QUEENSBURY
RESOLUTION NO. 168 (B),2022
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, the Town of Queensbury wishes to extend the Greater Queensbury
Consolidated Sanitary Sewer District to serve the Tidal Wave Auto Spa (TWAS) located at 708
Quaker Road in the Town of Queensbury, New York (Tax Map No.: 303.15-1-12) referred to as
the "Property" 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
Pennoni Engineering & Surveying of New York, P.C. concerning the proposed Sanitary Sewer
District Extension 42 (Extension 42) to connect the proposed Property 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 42, 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, on April 18th, 2022 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 property 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 Property were
computed was filed with the Town Clerk for public inspection as part of the Map, Plan and Report,
and
WHEREAS, the estimated annual cost of the Extension to the parcel 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, May 2nd
2022 and the Town Board has considered the evidence given together with other information, and
WHEREAS, the Town Board has considered the establishment of the Extension in accordance
with the provisions of the State Environmental Quality Review Act and has adopted a Negative
Declaration concerning environmental impacts, and
WHEREAS, the Town Board wishes to establish the proposed Extension in accordance with
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Town Law Article 12-A, and
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby determines that:
1. Notice of Public Hearing was published and posted as required by law and is otherwise
sufficient;
2. All property and property owners within the Extension are benefited thereby;
3. All property and property owners benefited are included within the limits of the
Extension;
4. It is in the public interest to establish, authorize, and approve the Greater Queensbury
Consolidated Sanitary Sewer District Extension No. 2 to the Greater Queensbury Consolidated
Sanitary Sewer District 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; and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves, authorizes and establishes the Greater
Queensbury Consolidated Sanitary Sewer District Extension No. 2 in accordance with the boundaries
and descriptions set forth above and in the previously described Map, Plan and Report and Public
Hearing Order and construction of the improvements may proceed and service provided 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. The obtaining of any necessary permits or approvals from the New York State
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Department of Transportation and any other required permits;
4. The Town being satisfied that construction of all improvements has occurred in
accordance with the Map, Plan and Report and subsequent dedication of all improvements to the
satisfaction of the Town;
5. Permissive Referendum in the manner provided in New York State Town Law Article
7; and
6. The adoption of a Final Order by the Queensbury Town Board;
and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to Permissive Referendum in the manner provided
by the provisions of New York State Town Law Articles 7 and 12A and the Town Board authorizes
and directs the Queensbury Town Clerk to file,post and publish such Notice of this Resolution as may
be required by law and to cause to be prepared and have available for distribution proper forms for the
petition and shall distribute a form to any person requesting such petition, and if no such petition is filed
within 30 days, to file a certificate to that effect in the Office of the County Clerk and with the State
Department of Audit and Control.
Duly adopted this 2nd day of May, 2022,by the following vote:
AYES Mr. Freer, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES None
ABSENT:Mr. Ferone
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