261.2007
RESOLUTION APPROVING QUEENSBURY TECHNICAL PARK SEWER
DISTRICT EXTENSION NO. 6
RESOLUTION NO. 261, 2007
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury
Technical Park Sewer District (hereinafter the “District”) to be known as the Queensbury Technical
Park Sewer District Extension No. 6 (hereinafter the “Sewer District Extension”), and
WHEREAS, a Map, Plan and Report has been prepared by Jarrett-Martin Engineers, PLLC,
engineers licensed by the State of New York regarding the proposed Sewer District Extension to
permanently serve: 1) the West Glens Falls Emergency Squad’s new emergency medical services
building, 2) a new apartment complex developed by Schermerhorn Residential Holdings, LLC, 3)
commercial development along the proposed Main Street Connector Road, and 4) an additional parcel
on Luzerne Road near the City of Glens Falls boundary owned by Laconia Realty, such parcels bearing
tax map identification no.’s:
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309.10-1-45 – Schermerhorn Residential Holdings, LLC (Deed Reference {Book/Page}: 3015/23)
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309.10-1-83.2 – West Glens Falls EMS (Deed Reference {Book/Page}: 3015/264)
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309.10-1-83.1 – Queensbury Economic Development Corp. (Deed Reference {Book/Page}: 1477/192)
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309.10-1-82.1 – Queensbury Economic Development Corp. (Deed Reference {Book/Page}: 1314/225)
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309.10-1-84.4 – Queensbury Economic Development Corp. (Deed Reference {Book/Page}: 1302/77)
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309.11-2-23 – Laconia Realty Corp. (Deed Reference {Book/Page}: 1415/254);
such parcels located generally along Luzerne Road and the proposed Main Street Connector Road, and
as more specifically set forth and described in the Map, Plan and Report, and
WHEREAS, by previous Resolution, the Map, Plan and Report has been accepted and
approved by the Town and 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 Sewer
District Extension, a general plan of the proposed sewer system, a report of the proposed sewer system
and method of operation, and
nd
WHEREAS, on April 2, 2007 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 Extension; (b) the proposed improvements; (c) the fact that
all costs of the improvements will be paid for by the property owners and/or grant funding and not the
Town of Queensbury; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District
Extension 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 improvement is on file in the Town Clerk’s Office; and (g) the time and place of a public
hearing on the proposed Sewer District Extension; (h) that all the expenses of the District, including all
extensions heretofore or hereafter established, shall be a charge against the entire area of the District as
extended, 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, and
WHEREAS, a public hearing on the proposed Sewer District Extension was duly held on
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Monday, April 16, 2007 and the Town Board has considered the evidence given together with other
information, and
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WHEREAS, the Town Board has considered the establishment of the Sewer District
Extension 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 the proposed Sewer District Extension as
detailed in the Map, Plan and Report in accordance with Town Law, Article 12A and consolidate the
Sewer District Extension with the Queensbury Technical Park Sewer District in accordance with Town
Law §206-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.An application for permission of the Office of the State Comptroller to extend the
District is not necessary, given that all costs associated with the extension of the District and
construction of the facilities therein shall be borne by the property owners and/or grant funding
and the Town will not be issuing bonds to finance the extension of the District;
3.All property and property owners within the Sewer District Extension are benefited;
4.All property and property owners benefited are included within the limits of the Sewer
District Extension;
5.It is in the public interest to establish, authorize, and approve the Queensbury Technical
Park Sewer District Extension No. 6 to the existing Queensbury Technical Park Sewer District as
described in the Map, Plan and Report on file with the Queensbury Town Clerk;
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6.In accordance with New York State Town Law §206-a, it is in the public interest to
assess all expenses of the District, including all extensions heretofore or hereafter established, as a
charge against the entire area of the District as extended; and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves, authorizes and establishes the
Queensbury Technical Park Sewer District Extension No. 6 in accordance with the boundaries and
descriptions set forth in the previously described Map, Plan and Report, and
BE IT FURTHER,
RESOLVED, that 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 Environmental Conservation;
2.Permissive referendum in the manner provided in New York State Town Law Article
7; and
3.The adoption of a Final Order by the Queensbury 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 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
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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.
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Duly adopted this 4 day of June, 2007, by the following vote:
AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES : None
ABSENT: None
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