345. 2017 Final Order Carey Road Sanitary Sewer District FINAL ORDER ESTABLISHING PROPOSED
CAREY ROAD SANITARY SEWER DISTRICT
RESOLUTION NO.: 345,2017
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
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 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 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 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 as part of the Map, Plan and Report, 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
WHEREAS, on September 12, 2016, the Town Board adopted a Resolution determining that
there will be no adverse environmental impacts from the formation of the District and construction of
the improvements, and authorized the filing of a Negative Declaration for the project under the State
Environmental Quality Review Act("SEQRA"), and
WHEREAS, on September 12, 2016 the Town Board adopted a Resolution 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 the proposed Sewer District
would be benefited thereby, (c) all of the property and property owners benefited are included within
the boundaries of the proposed Sewer District and (d) it is in the public interest to establish, authorize,
and approve the 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 Sewer District to be as described in the
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Map, Plan and Report, subject to permissive referendum in the manner provided in Town Law Article
7 and subject to certain conditions specified in the Resolution including approval by the New York
State Comptroller, 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 office of
the County Clerk and the State Department of Audit and Control, and
WHEREAS, the permission of the State Comptroller to create the Sewer District in
accordance with Town Law §209-f was granted on November l01h, 2017, and
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,
NOW, THEREFORE, IT IS HEREBY
ORDERED, that the Town of Queensbury Carey Road Sanitary Sewer District be
established as described in the Map, Plan and Report and the improvements described be constructed
and the service within the Sewer District be provided upon the required funds being made available or
provided for, and it is
FURTHER ORDERED, that the Town Clerk is hereby authorized and directed to cause a
certified copy of this Order to be duly recorded in the office of the Clerk of Warren County and to be
filed in the office of the State Department of Audit and Control in the time and manner required by law,
and it is
FURTHER ORDERED, that the Town Board authorizes and directs the Town Supervisor,
Town Clerk and Town Counsel to take all other actions necessary to effectuate the intent of this
Resolution.
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Duly adopted this 201'day of November, 2017,by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer
NOES None
ABSENT: None
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