623.2006
RESOLUTION AND FINAL ORDER ESTABLISHING CENTRAL
QUEENSBURY QUAKER ROAD SEWER DISTRICT EXTENSION NO. 10
– BAY ROAD
RESOLUTION NO. 623, 2006
INTRODUCED BY: Mr. John Strough
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. 10 – Bay Road, and
WHEREAS, a Map, Plan and Report has been prepared by C. T. Male Associates, P.C.,
engineers licensed by the State of New York, which Map, Plan and Report was amended as to
corrections as detailed in letters from C. T. Male Associates, P. C., to Darleen Dougher dated March
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17, 2006 and a Memorandum from C. T. Male Associates, P. C., to Stuart Baker dated April 9,
2006 regarding the proposed Sewer District Extension to be installed along the western side of Bay
Road, from Walker Lane to Blind Rock Road, a length of approximately .95 miles to include The
Cedars Senior Living Community and any professional office development that complies with current
zoning on the following tax map parcels:
289.19-1-15;
296.7-1-15.1;
296.7-1-15.2;
289.19-1-23
289.19-1-24
289.19-1-25
289.19-1-26
289.19-1-27
289.19-1-28
289.19-1-29
289.19-1-30
289.19-1-31
289.19-1-32
289.19-1-33
289.19-1-34
as more specifically set forth and described in the Map, Plan and Report, and
WHEREAS, the Town Board accepted such Map, Plan and Report as the Map, Plan and
Report for the proposed Sewer District Extension and such 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 Extension, a general plan of the proposed sewer system, a report of the proposed and method
of operation, and all outlets and the terminus and course of each proposed main sewer or drain, and
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WHEREAS, on March 20, 2006 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 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
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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, public hearings on the proposed Sewer District Extension were duly held on April
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3 and May 1, 2006 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
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WHEREAS, on May 1, 2006, the Town Board adopted Resolution No.: 227,2006,
determining that (a) the Notice of Public Hearing was published and posted as required by law
and is otherwise sufficient; (b) all property and property owners within the District Extension will
be benefited thereby; (c) all property and property owners benefited will be included within the
limits of the District Extension; (d) it is in the public interest to establish, authorize, and approve
the Central Queensbury Quaker Road Sewer District Extension No. 10 to the existing Central
Queensbury Quaker Road Sewer District as described in the Map, Plan and Report on file with
the Queensbury Town Clerk; and (e) 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 it is in the
public interest to extend the District only if all expenses of the District shall be assessed against
the entire District as extended; and approving establishment of the District Extension subject to
permissive referendum; and
WHEREAS, the Town Clerk posted and published the notice required for Resolutions
subject to permissive referendum and no petition for referendum was filed within 30 days after the
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date of the Resolution, and the Town Clerk filed the Certificate required to be filed in accordance
with Town Law §209-e establishing that no such petition was filed requesting a referendum, and
WHEREAS, the permission of the State Comptroller is not required pursuant to Town
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Law 209-f, and
WHEREAS, the Town wishes to adopt a Final Order establishing Central Queensbury
Quaker Road Sewer District Extension No. 10 – Bay Road, and
WHEREAS, the Town wishes to establish the proposed Sewer District Extension in
accordance with Town Law Article 12A and consolidate it with the Central Queensbury Quaker
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Road Sewer District in accordance with Town Law 206-a,
NOW, THEREFORE, IT IS HEREBY
ORDERED, that the Queensbury Town Board hereby authorizes, approves and
establishes the Central Queensbury Quaker Road Sewer District Extension No. 10 – Bay Road to
the Central Queensbury Quaker Road Sewer District in accordance with the boundaries and
descriptions set forth in the Map, Plan and Report and authorizes the acceptance of the dedication
of the sewer lines, mains, pump station and all appurtenances and equipment, and it is
FURTHER ORDERED, that:
1.The Queensbury Town Board hereby authorizes, approves and establishes Central
Queensbury Quaker Road Sewer District Extension No. 10 – Bay Road to the Central Queensbury
Quaker Road Sewer District in accordance with the boundaries and descriptions set forth in the Map,
Plan and Report and as set forth herein as follows:
All that certain tracts, pieces or parcels of land situate, lying and being in the Town of
Queensbury, County of Warren, State of New York, lying generally Westerly of Bay Road,
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generally Northerly and Southerly of Blind Rock Road, and being more particularly bounded
and described as follows:
BEGINNING at a point at the intersection of the Southerly boundary of Blind Rock Road with
the Westerly boundary of Bay Road and runs thence from said point of beginning in a generally
Southerly direction along the Westerly boundary of Bay Road 1,140± feet to its intersection
with the Southerly boundary of Town of Queensbury Tax Map parcel No. 289.19-1-23; thence
in a generally Westerly direction along the Southerly boundary of Tax Map Parcel Nos.
289.19-1-23 and 289.19-1-24, a distance of 630± feet to its intersection with Easterly
boundary of Tax Map Parcel No. 289.19-1-26; thence in a generally Southerly direction along
the Easterly boundary of Tax Map Parcel Nos. 289.19-1-26 and 296.07-1-15.1, a distance of
200± feet to its intersection with the Northerly boundary of Tax Map Parcel No. 289.19-1-15;
thence in a generally Easterly direction along the Northerly boundary of said tax map parcel
600± feet to its intersection with the Westerly boundary of Bay Road; thence in a generally
Southerly direction along the Westerly boundary of Bay Road 60± feet to its intersection with
the Southerly boundary of Tax Map Parcel No. 289.19-1-15; thence in a generally Westerly
direction along the Southerly boundary of said tax map parcel 540± feet to its intersection with
the Northeasterly boundary of said tax map parcel; thence in a generally Southeasterly direction
along the Northeasterly boundary of said tax map parcel 200± feet to its intersection of the
Southerly boundary of said tax map parcel; thence in a generally Westerly direction along the
Southerly boundary of said tax map parcel 110± feet to its intersection with a Southeasterly
boundary of said Tax Map Parcel No. 289.19-1-15; thence in a generally Southwesterly
direction along the Southeasterly boundary of said tax map parcel 320± feet to its intersection
of the Southerly boundary of said tax map parcel; thence in a generally Westerly direction
along the Southerly boundary of said Tax Map Parcel No. 289.19-1-15, a distance of 200± feet
to its intersection with the Easterly boundary of Tax Map Parcel No. 296.07-1-15.2; thence in
a generally Southerly direction along the Easterly boundary of said tax map parcel 270± feet to
its intersection with the Southerly boundary of said tax map parcel ;thence in a generally
Westerly direction along the Southerly boundary of Tax Map Parcel Nos. 296.07-1-15.2 and
296.07-1-15.1, a distance of 975± feet to its intersection with the Westerly boundary of Tax
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Map Parcel No. 296.07-1-15.1; thence in a generally Northerly direction along the Westerly
boundary of said tax map parcel 170± feet to its intersection with the Southerly boundary of
said tax map parcel; thence in a generally Westerly direction along the Southerly boundary of
said Tax Map Parcel No. 296.07-1-15.1, a distance of 580± feet to its intersection with the
Southeasterly boundary Blind Rock Road; thence in a generally Northeasterly direction along
the Southeasterly boundary of Blind Rock Road 170± feet to its intersection with the Northerly
boundary of Tax Map Parcel No. 296.07-1-15.1; thence in a generally Easterly direction along
the Northerly boundary said tax map parcel 500± feet to its intersection with the Westerly
boundary of said tax map parcel; thence in a generally Northerly direction along the Westerly
boundary of said tax map parcel 460± feet to its intersection with the Northerly boundary of
said Tax Map Parcel No. 296.07-1-15.1; thence in a generally Easterly direction along the
Northerly boundary of said tax map parcel 690± feet to its intersection with the Westerly
boundary of Tax Map Parcel No. 289.19-1-26; thence in a generally Northerly direction along
the Westerly boundary of Tax Map Parcel Nos. 289.19-1-26 and 289.19-1-27, a distance of
1,290± feet to its intersection with the Southeasterly boundary of Blind Rock Road; thence in a
generally Northeasterly and Easterly direction along the Southeasterly and Southerly boundary
of Blind Rock Road 1,200± feet to the point or place of beginning.
2.The boundaries of the proposed Extension and benefited areas of the Central
Queensbury Quaker Road Sewer District Extension No. 10 – Bay Road are to be as delineated in the
previously described Map, Plan and Report.
3.All proposed construction was installed and paid for by the Developer(s).
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4.In accordance with Town Law 206-a, it is in the public interest to assess all expenses
of the District, including all extensions included heretofore or hereafter established, as a charge against
the entire area of the District as extended and it is in the public interest to extend the District only if all
expenses of the District shall be assessed against the entire District as extended.
5.The Project Engineer has certified the Project and the Wastewater Director has
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reviewed the certified documents and found them to be complete.
6.A one year guarantee on the infrastructure installed begins as of the date of this Final
Order.
And it is,
FURTHER ORDERED, that the Town Board hereby directs the Queensbury Town Clerk
to make arrangements to record a certified copy of this Resolution and Order in the Warren
County Clerk’s Office and send a certified copy of this Resolution and Order to the State
Department of Audit & Control at Albany, New York, the Town Assessor's Office, Community
Development Department and Wastewater Department, within 10 days of the date of adoption of
this Order, and it is
FURTHER ORDERED, that the Town Board further authorizes and directs the Town
Supervisor, Wastewater Director, Budget Officer and Accountant to take all other actions
necessary to effectuate the terms of this Resolution.
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Duly adopted this 18 day of December, 2006, by the following vote:
AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
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