329.2014 Approve Wastewater Dist#1 Dunhams Bay Area RESOLUTION APPROVING PROPOSED NORTH QUEENSBURY
WASTEWATER DISPOSAL DISTRICT NO. I TO SERVE
THE DUNHAM'S BAY AREA
RESOLUTION NO.: 329,2014
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, the Town of Queensbury wishes to form Wastewater Disposal District No.I to
serve 71 properties in the Dunham's Bay area of the Town in accordance with New York Town Law
Article 12-A, and
WHEREAS, a Map, Plan and Report (Map, Plan and Report) concerning the proposed
Wastewater Disposal District has been prepared by David J. Decker, P.E., 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
Wastewater Disposal District, a general plan of the proposed system, a report of the proposed
method of operation, the mode and frequency of collection, conveying, treating and disposing of
wastewater or residual wastewater and the mode and frequency of inspections and monitoring; and
states that the location of properties requiring construction or replacement of private on-site
wastewater disposal systems in the next five years will be determined as part of the services provided
by the District, and
WHEREAS, establishment of the Wastewater Disposal District is a Type II action under the
State Environmental Quality Review Act (SEQRA), so review under SEQRA is not required, and
WHEREAS, the estimated annual cost to the "typical property" has been filed with the Town
Clerk and is made a part of the Map, Plan and Report, and
WHEREAS, on September 8, 2014, 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 Wastewater Disposal District; (b) the proposed services to be provided; (c) the maximum
amount proposed to be expended for the services; (d) the estimated cost of hook-up fees (if any) and the
cost of the Wastewater Disposal District to the typical property and the typical one or two family home(if
not the typical property); (e) the proposed method of financing to be employed (if any); (f) the fact that a
Map, Plan and Report describing the services is on file in the Town Clerk's Office; and (g) the time and
place of a public hearing on the proposed Wastewater Disposal District, 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
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 Wastewater Disposal District to the typical
property and typical one or two family home (if not the typical property) were computed was filed with
the Town Clerk for public inspection as part of the Map, Plan and Report, and
WHEREAS, a public hearing on the proposed Wastewater Disposal District was duly held on
September 22nd, 2014 and the Town Board has considered the evidence given together with other
information, and
WHEREAS, in response to input from the public, revisions relating to descriptions of the
properties to be included in the District were made to the Map, Plan and Report, and these revisions have
been determined to be minor modifications which do not significantly change the cost of the District and
do not constitute a substantial change in the Map, Plan and Report; and
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WHEREAS, the Town Board wishes to establish the proposed Wastewater Disposal District No.
1 as detailed in the Map, Plan and Report, as revised, 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 Wastewater Disposal District No. 1 are benefited
thereby;
3. All property and property owners benefited are included within the limits of Wastewater
Disposal District No. 1;
4. It is in the public interest to establish, authorize, and approve the Wastewater Disposal
District No. 1 as described in the Map, Plan and Report on file with the Queensbury Town
Clerk with the boundaries and benefited properties of the Wastewater Disposal District
Extension to be as described in the Map, Plan and Report, as revised;
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves, authorizes and establishes Wastewater
Disposal District No. 1 in accordance with the boundaries and descriptions set forth above and in the
previously described Map, Plan and Report, as revised, and construction of the improvements may
proceed and service provided subject to the following:
1. Permissive referendum in the manner provided in New York State Town Law Article 7;
and
2. The adoption of a Final Order by the Queensbury Town Board;
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and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to permissive referendum in accordance with the
provisions of New York State Town Law Articles 7 and 12-A and shall not take effect until such
time as provided therein, and the Town Board hereby 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
supply 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 22nd day of September, 2014, by the following vote:
AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements
NOES None
ABSENT: None
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