052.2023 Res. and Final Order Approving Greater Qby Consolidated Sanitary Sewer Dist. Ext. 4 Olde Coach Manor RESOLUTION AND FINAL ORDER APPROVING GREATER QUEENSBURY
CONSOLIDATED SANITARY SEWER DISTRICT EXTENSION #4
TO SERVE OLDE COACH MANOR, 565 BAY ROAD PROPERTY
RESOLUTION NO.: 52,2023
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Town of Queensbury wishes to extend the Greater Queensbury
Consolidated Sanitary Sewer District to serve the Olde Coach Manor located at 565 Bay Road in
the Town of Queensbury, New York (Tax Map No.: 296.11-1-45) referred to as the "Property"
in accordance with New York Town Law Article 12-A, and
WHEREAS, a Map, Plan and Report has been prepared by IBL Engineering Associates
(Map, Plan and Report) concerning the proposed Sanitary Sewer District Extension No. 4
(Extension No. 4) 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 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 No. 4, 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 December 5t", 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 No. 4; (b) the proposed improvements; (c)the maximum amount proposed
to be expended for the improvements; (d)the fact that all costs of the improvements including the one-
time buy-in cost and Town connection fee will be paid by the developer of the property and not the
Town of Queensbury; (e) the estimated cost of hook-up fees (if any) and the estimated annual cost of
the Extension No. 4 to the property in the Extension No. 4; (f)the proposed method of financing to be
employed (no financing required); (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 No. 4; 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 No. 4 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 No. 4 to the parcel has been filed with
the Town Clerk and is made a part of the Map,Plan and Report, and
WHEREAS, on Monday, December 19t", 2022, the Town Board duly held a public hearing
concerning Extension 44, duly heard all interested persons, considered the evidence and information,
and in accordance with provisions of the State Environmental Quality Review Act, by Resolution No.:
453,2022 determined that Extension 44 would not have a significant effect on the environment and
approved a Negative Declaration concerning environmental impacts, and
WHEREAS, on December 19t", 2022 the Town Board adopted Resolution No.: 454,2022
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 proposed
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Extension 44 would be benefited thereby, (c) all of the property and property owners benefited are
included within the boundaries of proposed Extension 44, and(d) it is in the public interest to establish,
authorize, and approve Extension 44 as described in the Map, Plan and Report on file with the
Queensbury Town Clerk with the boundaries and benefited properties of Extension 44 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
Warren County Clerk's Office, 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 proposed Extension 44 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 44
be established as described in this Order and in the Map,Plan and Report prepared by IBL Engineering
Associates having extension boundaries as detailed in the metes and bounds description from the
Town's Public Hearing Order Resolution No.: 437,2022 dated December 5t", 2022 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
BE IT FURTHER,
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ORDERED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk
to cause a certified copy of this Order to be duly recorded in the Warren County Clerk's Office and
filed in the Office of the New York State Department of Audit and Control in the time and manner
required by law, and
BE IT FURTHER,
ORDERED, that the Town Board further 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 23rd day of January, 2023, 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
PARCEL I
All that certain plot, place or parcel of land, situate in the Town of Queensbury, Warren
County, New York, being part of Lot 38 in the First Division of the Queensbury Patent
and located on the west side of County Road No. 7, also known as the Bay Road, in said
town, and which parcel is bounded and described as follows:
BEGINNING at a point in the westerly bounds of the Bay Road where said westerly
bounds are intersected by the northerly line of lands conveyed to John M. Hughes by
Emil and Bertha Yagar by deed dated December 30, 1975, and recorded in the Warren
County Clerk's Office in Book 593 of Deeds, page 1021, and which point of beginning is
situate at a distance of 789.73 feet, northerly, measured along said westerly bounds from
the northerly line of the town highway known as Walker Lane;
RUNNING THENCE from the place of beginning, North 84 degrees 07 minutes west,
along the northerly line of said lands conveyed by Yagar, for a distance of 747.42 feet,
more or less, to the northwesterly corner of the said lands conveyed by Yagar;
THENCE North 87 degrees 11 minutes west, along a wire fence marking the northerly
bounds of lands now or formerly of John H. Dorlon, for a distance of 533 feet, more or
less, to a point in the easterly line of lands now or formerly of the Ethyl Chesbro Estate;
THENCE North 10 degrees 50 minutes east, along a stone wall and wire fence marking
the easterly line of said lands of the Chesbro Estate, for a distance of 473 feet, more or
less, to a point in the southerly line of lands of Bray Terminals, Inc.;
THENCE South 82 degrees 51 minutes east, along the remains of a wire fence marking
the southerly line of said lands of Bray Terminals Inc., for a distance of 1062.3 feet, more
or less, to the northwesterly corner of lands conveyed by Mary L. Spector to John M.
Hughes by deed dated February 6, 1978, and recorded in the Warren County Clerk's
Office in Book 611 of Deeds, page 940;
THENCE South 06 degrees 27 minutes west, along said lands conveyed by Spector, for
a distance of 100 feet;
THENCE South 82 degrees 51 minutes east, along the southerly bounds of said lands
conveyed by Spector, for a distance of 185 feet, more or less, to the westerly bounds of
the Bay Road;
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THENCE South 07 degrees 11 minutes west, along Bay Road, for a distance of 315 feet,
more or less, to the point of beginning, and containing 12.18 acres, more or less.
PARCEL II
All that certain plot, place or parcel of land, situate in the Town of Queensbury, Warren
County, New York, being part of Lot 38 in the First Division of the Queensbury Patent
and located on the west side of County Road No. 7, also known as the Bay Road, in said
town, and which parcel is bounded and described as follows:
BEGINNING at a point in the westerly bounds of Bay Road at the southeasterly corner
of lands conveyed by the Glens Falls Country Club to Bray Terminals, Inc., by deed
dated October 10, 1980 and recorded in the Warren County Clerk's Office in Book 634
of Deeds, page 610;
RUNNING THENCE from the point of beginning, South 07 degrees 11 minutes west,
along the westerly bounds of Bay Road, for a distance of 100 feet, more or less, to the
northeasterly corner of lands conveyed by Edward L. Nadeau.
SCHEDULE A
Referee to John M. Hughes, by deed dated June 5, 1970 and recorded in said Clerk's
Office in Book 523 of Deeds, page 229;
THENCE North 82 degrees 51 minutes west, along said lands conveyed by Edward L.
Nadeau, Referee, for a distance of 185 feet, more or less, to a point in the easterly line of
lands conveyed by William and Claire Aronson to John M. Hughes by deed dated
February 26, 1968 and recorded in said Clerk's Office in Book 491 of Deeds, page 491;
THENCE North 06 degrees 27 minutes east along said lands conveyed by Aaronson, for
a distance of 100 feet, more or less, to the northeast corner thereof,
THENCE South 82 degrees 51 minutes east, along the above described lands of Bray
Terminals, Inc., for a distance of 186.5 feet, more or less to the point of beginning and
containing 0.42 of an acre, more or less.
ABOVE PREMISES ARE MORE CURRENTLY DESCRIBED AS FOLLOWS:
All that piece or parcel of property situate in the Town of Queensbury, County of
Warren, State of New York and being bounded and described as follows:
BEGINNING at a iron pin at the intersection of the westerly boundary of Bay Road,
County Road No. 7, with the northerly boundary lands now or ormerly of Michael P.
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Homenick and James P. Merrigan, said pin being located approximately 789 feet
northerly measured along the said westerly boundary of Bay Road from the northerly
boundary of the Town highway known as Walker Lane; and
RUNNING THENCE from said point of beginning North 84 degrees 07 minutes 00
seconds west along the said northerly boundary of lands now or formerly of Michael P.
Homenick and James P. Merrigan, the northerly boundary of lands now or formerly of
Jeffrey and Debra Foss, and the northerly boundary of lands now or formerly of
Baywood Realty Associates, LLC 753.17 feet to an iron pin;
THENCE North 87 degrees 39 minutes 40 seconds west along the northerly boundary of
lands now or formerly of Raybrook II, LLC 536.54 feet to an iron pin in the easterly
boundary of lands now or formerly of David R. and Priscilla G. Petta;
THENCE North 11 degrees 33 minutes 40 seconds east along the said easterly boundary
of lands now or formerly of David R. and Priscilla G. Petta, the easterly boundary of
lands now or formerly of Charles R. Barton, III and Kim B. Barton and the easterly
boundary of lands now or formerly of Christopher and Eva M. Detmer 473.04 feet to an
iron pin in the southerly boundary of lands now or formerly of the James G. Marshall
Revocable Trust;
THENCE South 82 degrees 57 minutes 03 seconds east along the said southerly
boundary of lands now or formerly of the James G. Marshall Revocable Trust 1248.80
feet to an iron pin in the first mentioned westerly boundary of Bay Road, County Road
No. 7;
THENCE South 06 degrees 48 minutes 30 seconds west along the said westerly
boundary of Bay Road, County Road No. 7, 412.19 feet to the point of beginning,
containing 12.567 acres of land, being the same more or less.
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