112.2024 Approving Greater Qby Consol Sanitary Sewer Dist Ext #7 to Greater Qby Consol Sanitary Sewer Dist to Serve 575 Bay Road Prop RESOLUTION APPROVING GREATER QUEENSBURY CONSOLIDATED
SANITARY SEWER DISTRICT EXTENSION #7 TO
GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER
DISTRICT TO SERVE 575 BAY ROAD PROPERTY
RESOLUTION NO.: 112,2024
INTRODUCED BY: Mr. Michael Dixon
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
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 47 (Extension 47) to serve 575 Bay Road in the Town of Queensbury, New York, such
property consisting of two recently merged parcels (Tax Map Nos: 296.7-1-2 and 3) referred to
as the "Property" on which Property a 76 unit apartment style multi-family building and
associated work project including the sewer construction project/Extension 47 (Project) is
proposed to be constructed by Schermerhorn Properties, LLC (Developer) in accordance with
New York Town Law Article 12-A, and
WHEREAS, a Map, Plan and Report issued April 24, 2023 and revised February 15, 2024
has been prepared by Environmental Design Partnership, LLP (Map, Plan and Report) concerning
proposed Extension 47 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 47, 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 October 24th, 2023, the Town Planning Board, as Lead Agency, reviewed
and conducted a State Environmental Quality Review Act (SEQRA) Review of the Project
referred to as Planning Board Site Plan 61-2023 and Freshwater Wetlands 11-2023 Schermerhorn
Construction, LLC, such Project being an Unlisted Action and granted a Negative Declaration,
and
WHEREAS, subsequently it was discovered that a variance will be required from the
Town's Zoning Board of Appeals and on February 20th, 2024, the Town Planning Board
considered the new information and the details requesting the variance and, after due
consideration, readopted its Negative Declaration, and
WHEREAS, on February 26t", 2024 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 47; (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 Extension 47 to the developed Property in Extension 47; (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 47; 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 Extension 47 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 Extension 47 to the Property has been filed with the
Town Clerk and is made a part of the Map,Plan and Report, and
WHEREAS, the Town Board duly held a public hearing on proposed Extension 47 on
Monday, March 18t", 2024 and considered the evidence and information, and
WHEREAS, the Town Board wishes to establish proposed Extension 47 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 47 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 47 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 47 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 47 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
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 18t'day of March, 2024,by the following vote:
AYES Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None