131.2008
RESOLUTION APPROVING CENTRAL QUEENSBURY QUAKER ROAD
SEWER DISTRICT EXTENSION NO. 11 – BAYBRIDGE DRIVE
RESOLUTION NO. 131, 2008
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board wishes to establish an extension to the Central
Queensbury Quaker Road Sewer District to be known as Central Queensbury Quaker Road Sewer
District Extension No. 11 – Baybridge Drive, 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 be
installed along the western side of Bay Road to serve a professional office subdivision called the
Fairfield Professional Offices and to include tax map parcel no’s: 296.15-1-2 and 296.15-1-28 as more
specifically set forth and described in the Map, Plan and Report, and
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WHEREAS, on January 28, 2008 subsequent to the filing and acceptance 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 Developer 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, February 11, 2008 and the Town Board has considered the evidence given together with
other information, and
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
Extension with the Central Queensbury Quaker Road Sewer District in accordance with Town Law
§206A,
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 the District Extension are benefited;
3.All property and property owners benefited are included within the limits of the District
Extension;
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4.It is in the public interest to establish, authorize, and approve the Central Queensbury
Quaker Road Sewer District Extension No. 11 – Baybridge Drive to the existing Central Queensbury
Quaker Road Sewer District as described in the Map, Plan and Report on file with the Queensbury
Town Clerk;
5.In accordance with New York State Town Law §206A, 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 Central
Queensbury Quaker Road Sewer District Extension No.: 11 – Baybridge Drive in accordance with the
boundaries and descriptions set forth in the previously described Map, Plan and Report and
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 Health;
2.The obtaining of any necessary permits or approvals from the New York State
Department of Environmental Conservation;
3.Permissive referendum in the manner provided in New York State Town Law Article
7; and
4.The adoption of a Final Order by the Queensbury Town Board;
and
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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
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 11 day of February, 2008, by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
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