290.2016 Approve Establishment of Carey Road Sewer District RESOLUTION APPROVING ESTABLISHMENT OF
PROPOSED CAREY ROAD SANITARY SEWER DISTRICT
RESOLUTION NO. 290,2016
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Town of Queensbury wishes to create a Sanitary Sewer District to serve
the Carey Industrial Park and adjacent properties along Corinth Road, Carey Road, Silver Circle,
Big Bay Road and Big Boom Road in accordance with New York Town Law Article 12-A, and
WHEREAS, a Map, Plan and Report (Map, Plan and Report) was prepared by The
Chazen Companies (Chazen), concerning the proposed Sewer District, and
WHEREAS, the Map, Plan and Report was 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 Sewer
District, 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, the Town Board determined that the project is an Unlisted Action under the
State Environmental Quality Review Act (SEQRA) and Part 1 of a SEQRA Short Environmental
Assessment Form (EAF) was completed by Chazen and submitted to the Town Board, and
WHEREAS, by Resolution No. 47,2016 the Town Board indicated its wish to be Lead
Agency for purposes of environmental review required for the project under SEQRA and
authorized the Town Wastewater Director to duly notify the appropriate entities, and
WHEREAS, the other SEQRA Involved Agencies either consented to this designation or
failed to respond within thirty (30) days of the date of notification, so the Town Board is the duly
designated SEQRA Lead Agency; and
WHEREAS, the estimated annual cost to the "typical property"was filed with the Town Clerk
and made a part of the Map, Plan and Report, and
WHEREAS, on August 15, 2016, subsequent to the filing of the Map, Plan and Report with
the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the
boundaries of the proposed Sewer District; (b) the proposed improvements; (c) the maximum amount
proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the
cost of the proposed Sewer 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; (f)the fact that a Map,
Plan and Report describing the improvements is on file in the Town Clerk's Office; and (g) the time
and place of a public hearing on the proposed Sewer 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 proposed Sewer 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, and
WHEREAS, a public hearing on the proposed Sewer District was duly held on September 12,
2016 and the Town Board has considered the evidence given together with other information, and
2
WHEREAS, the Town Board wishes to establish the proposed Sewer District as detailed in the
Map, Plan and Report in accordance with Town Law Article 12-A, and
WHEREAS, the Town Board has reviewed Part 1 and completed Part 2 of the EAF,
NOW, THEREFORE, BE IT
RESOLVED, that there will be no adverse environmental impacts from the formation and
improvement of the Sewer District and providing of services, and the Town Board hereby
authorizes the filing of the completed EAF as the SEQRA Negative Declaration for the project,
and
BE IT FURTHER,
RESOLVED, that the 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 proposed Sewer District are benefited
thereby;
3. All property and property owners benefited are included within the limits of the
proposed Sewer District;
4. It is in the public interest to establish, authorize and approve the proposed Sewer
District as described in the Map, Plan and Report on file with the Queensbury Town
Clerk with the boundaries and benefited areas of the proposed Sewer District to be as
3
shown on the map of the proposed Sewer District attached as Appendix A to the Map,
Plan and Report;
and
BE IT FURTHER,
RESOLVED, that establishment of the Sewer District is subject to approval by the New
York State Comptroller pursuant to Town Law Section 209-f, and the Town Supervisor is hereby
authorized and directed to execute and file an application with the State Comptroller for
permission to establish the District within ten days after the adoption of this Resolution and to do
all other acts and things required in connection therewith; and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves, authorizes and establishes the Carey
Road Sanitary Sewer District in accordance with the boundaries and descriptions set forth above and in
the previously described Map, Plan and Report and construction of the improvements may proceed and
service provided subject to the following:
I. The obtaining of any required approval(s) of the New York State Comptroller's Office;
2. Permissive referendum in the manner provided in New York State Town Law Article
7;
3. The adoption of a Final Order by the Queensbury Town Board;
4. The obtaining of any necessary permits or approvals from the New York State
Department of Health; and
4
5. The obtaining of any necessary permits or approvals from the New York State
Department of Environmental Conservation;
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 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 to
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 12ffi day of September, 2016,by the following vote:
AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None
5