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318.2024 Approving Greater Qby Consolidated Sanitary Sewer District Ext #6 to Greater Qby Consolidated Sanitary Sewer District to Serve 674 Quaker Road RESOLUTION APPROVING GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT EXTENSION #6 TO GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT TO SERVE 674 QUAKER ROAD RESOLUTION NO.: 318,2024 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(GQCSSD)to serve a commercial property owned by James E. Barrett (Property Owner) and located at 674 Quaker Road in the Town of Queensbury, New York (Tax Map No.: 303.15-1-13) 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 RU Holmes Engineers, PLLC (Map, Plan and Report) concerning proposed Sanitary Sewer District Extension 46 (Extension 46) to connect the Property to the existing GQCSSD 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 46, 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 August 5�', 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 46; (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 46 to the developed Property in Extension 46; (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 46; 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 46 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 46 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 46 on Monday, September 9 h, 2024 and considered the evidence and information, and WHEREAS, the Town Board has considered the establishment of the Extension 46 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 proposed Extension 46 in accordance with Town Law Article 12-A, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby determines that: l. 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 46 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 46 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 46 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 46 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 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 Warren County Clerk's Office and with the New York State Department of Audit and Control. Duly adopted this 9 h day of September, 2024, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Dixon, Mr. McNulty NOES None ABSENT : None