382.2024 Resolution and Final Order Approving Greater Qby Consolidated Sanitary Sewer District Ext #6 to Serve 674 Quaker Road RESOLUTION AND FINAL ORDER APPROVING GREATER
QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT
EXTENSION #6 TO SERVE 674 QUAKER ROAD
RESOLUTION NO.: 382,2024
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
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 5t', 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, on September 9 h, 2024, the Town Board held a public hearing concerning
Extension 46, 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.:
317,2024 determined that Extension 46 would not have a significant effect on the environment and
approved a Negative Declaration concerning environmental impacts, and
WHEREAS, on September 9 h, 2024 the Town Board adopted Resolution No.: 318,2024
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
Extension 46 would be benefited thereby, (c) all of the property and property owners benefited are
included within the boundaries of proposed Extension 46, and (d) it is in the public interest to
establish, authorize, and approve Extension 46 as described in the Map,Plan and Report on file with
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the Town Clerk with the boundaries and benefited properties of Extension 46 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 subjectto 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 46 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
46 be established as described in this Order and in the Map,Plan and Report prepared by RU Holmes
Engineers, PLLC having extension boundaries as detailed in the metes and bounds description from
the Town's Public Hearing Order Resolution No.: 294,2024 dated August 5 h, 2024 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,
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
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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/Deputy
Supervisor, Town Clerk, Wastewater Director and/or Town Counsel to take all other actions
necessary to effectuate this Resolution.
Duly adopted this 21" day of October, 2024, by the following vote:
AYES Mr. Dixon, Mr. McNulty, Mr. Metivier, Mr. Strough
NOES None
ABSENT: None
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SCHEDULE A — Metes and Bounds Description
BEGINNING at an iron rod found in the southerly bounds of Quaker Road, being the
northwest corner of the lands as conveyed to TWAS Quaker Road LLC by deed book 6320 at page
67; thence running in a southerly direction, along the westerly bounds of TWAS, the following
three courses and distances:
1.) South 31 degrees, 02 minutes, and 07 seconds West, a distance of 300.00 feet to an iron
rod; thence
2.) South 09 degrees, 57 minutes, and 37 seconds West, a distance of 471.37 feet to apoint;
thence
3.) Along a curve to the left, having a radius of 50.00 feet, for a distance of 78.54 feet to a
capped iron rod found in the northerly bounds of Dix Avenue; thence continuing in a westerly
direction, along the northerly bounds of Dix Avenue,North 80 degrees,02 minutes, and 23 seconds
West, a distance of 150.00 feet to a point marking the southeast corner of the lands as conveyed to
Garvey Sisters, LLC by deed book 6498 at page 103; thence continuing in a northerly direction,
along the bounds of Garvey Sisters, LLC the following five courses and distances:
1.) Along a curve to the left, having a radius of 50.00 feet, for a distance of 78.54 feet to a
point; thence
2.)North 09 degrees, 57 minutes, and 37 seconds East, a distance of 334.10 feet to a point;
thence
3.) Along a curve to the left, having a radius of 150.00 feet, for a distance of 180.45 feet to
a point; thence
4.)North 58 degrees, 57 minutes, and 53 seconds West, a distance of 219.13 feet to apoint;
thence
5.) Along a curve to the left, having a radius of 300.00 feet, for a distance of 180.24 feet to
a point marking the southeast corner of the lands as conveyed to Garden World Associates, LLC
by deed book 3649 at page 101; thence running in a northerly direction, along the easterly bounds
of Garden World Associates, LLC, the following two courses and distances:
1.)North 03 degrees, 23 minutes, and 14 seconds West, a distance of 50.02 feet to a point;
thence
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2.) North 31 degrees, 02 minutes, and 07 seconds East, a distance of 366.18 feet to a point
in the southerly bounds of Quaker Road; thence continuing in an easterly direction, along the
southerly bounds of Quaker Road, the following four courses and distances:
1.) South 49 degrees, 11 minutes, and 13 seconds East, a distance of 79.39 feet to a concrete
monument; thence
2.) South 64 degrees, 39 minutes, and 03 seconds East, a distance of 86.57 feet to a concrete
monument; thence
3.) South 58 degrees, 57 minutes, and 53 seconds East, a distance of 104.88 feet to an iron
rod; thence
4.) South 58 degrees, 57 minutes, and 53 seconds East, a distance of 285.00 feet to an iron
rod marking the place and point of beginning, containing 5.16 acres of land to be the same more
or less.
Bearings given in the above description refer to Grid North.
SUBJECT to easements of record.
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