220.2023 Approving Great Qby Consolidated Sanitary Sewer District Ext RESOLUTION APPROVING GREATER QUEENSBURY
CONSOLIDATED SANITARY SEWER DISTRICT EXTENSION NO.: 5
TO SERVE WALKER RIDGE APARTMENTS PROPOSED BY
SCHERMERHORN PROPERTIES, LLC
RESOLUTION NO.: 220,2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Town of Queensbury wishes to consider an extension of its Greater
Queensbury Consolidated Sanitary Sewer District to be known as Sanitary Sewer District
Extension 45 (Extension 45) to serve the Walker Ridge Apartments Project to consist of two 20-
unit apartment buildings and associated work including the sewer construction project/Extension
45 (Project) proposed to be constructed by Schermerhorn Properties, LLC (Developer) at the end
of Walker Lane in the Town of Queensbury, New York (Tax Map Nos: 296.11-1-5.23, 24 and 25
— to be combined with Schermerhorn Cottage Hill, LLC parcel Tax Map No.: 296.15-1-2)
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 Hutchins Engineering, PLLC
(Map, Plan and Report) concerning proposed Extension 45 to connect the proposed Property to
the existing Greater Queensbury Consolidated Sanitary Sewer District, 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 45, 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 May 16th, 2023, the Town Planning Board, as Lead Agency, conducted a
State Environmental Quality Review Act (SEQRA) Review of the Project referred to as Planning
Board Site Plan No. 24-2023 Schermerhorn Properties, LLC, such Project being an Unlisted
Action, and issued a SEQRA Negative Declaration for this Project and associated work including
this sewer construction Project, and also adopted a Resolution for recommendation to the Town
Board that it grant such Extension 45, and
WHEREAS, on June 5t", 2023 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 45; (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
Developer and not the Town of Queensbury; (e) the estimated cost of hook-up fees (if any) and the
estimated annual cost of the Extension 45 to the properties in the Extension 45; (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 45; and
WHEREAS, copies of the Public Hearing Order (PHO) were published and posted, and filed
with the State Comptroller's Office as required by law and posted on the Town website, and
WHEREAS, prior to publication of the PHO, a detailed explanation of how the estimated cost
of hook-up fees (if any) and cost of the Extension 45 to the properties 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 Extension 45 to the parcels has been filed with the
Town Clerk and is made a part of the Map,Plan and Report, and
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WHEREAS, the Town Board duly held a public hearing on proposed Extension 45 on
Monday, June 19t", 2023 and considered the evidence and information, and
WHEREAS, the Town Board wishes to establish proposed Extension 45 in accordance with
Town Law Article 12-A,
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 45 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 45 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 45 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 45 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
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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
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 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 19t'day of June, 2023,by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
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