328.2004
RESOLUTION AND FINAL ORDER ESTABLISHING CENTRAL
QUEENSBURY QUAKER ROAD SEWER DISTRICT EXTENSION NO.7 –
SOUTHERN BAY ROAD CORRIDOR
RESOLUTION NO. 328, 2004
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, the Queensbury Town Board wishes to extend the Central Queensbury
Quaker Road Sewer District to include the southern Bay Road Corridor, to be know n as Central
Queensbury Quaker Road Sewer District Extension No.7 (the “District Extension”); and
WHEREAS, a Map, Plan and Report was prepared by Thomas W. Nace, P.E., an engineer
licensed by the State of New York, regarding extending the Central Queensbury Quaker Road
Sewer District to serve the southern Bay Road Corridor, including (a) the Baybrook Professional
Park on the east side of Bay Road consisting of 12 approved office lots and 3 approved
residential/professional building lots, (b) the Baybridge Townhouse development currently
comprised of 14 attached Townhouses containing 64 dwelling units and 22 detached single family
structures making a total community of 86 active housing units, (c) the 48 unit Baybrook
Apartment complex on the north side of Walker Lane, (d) one individual residence presently
utilizing on-site septic and (e) two commercial facilities presently connected to the existing sewer
system as contract users (the Glens Falls Ballet Center on Bay Road and the Bay Meadows Golf
Course on Cronin Road), such parcels bearing Tax Map No.’s: 296.58-1-49, 296.11-1-28,
296.15-1-27, 296.15-1-19 and 296.16-1-2, all as more specifically set forth and described in the
Map, Plan and Report, and
WHEREAS, the Map, Plan and Report was accepted and filed in the Queensbury Town
Clerk's Office and made available for public inspection, and
WHEREAS, the cost of the Map, Plan and Report was borne by Schermerhorn
Construction LLC; and
WHEREAS, the Map, Plan and Report includes (a) the boundaries of the proposed
District Extension; (b) a general plan of the proposed sewer system; (c) a report of the proposed
method of operation; and (d) 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 sewersdeveloped and maintained pursuant to section 99-f of the General
Municipal Law, and
WHEREAS, on August 19, 2002 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 Sewer District Extension; (b) the improvements; (c) the maximum amount
to be expended for the improvement; (d) the estimated cost of hook-up fees (if any) and the cost
of the District Extension to the typical property and the typical one or two family home (if not the
typical property); (e) the method of financing to be employed; (f) the fact that a Map, Plan and
Report describing the improvement was on file in the Town Clerk’s Office; and (g) the time and
place of a public hearing on the District Extension; and (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 District Extension 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 District Extension was duly held on September 9,
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2002 and the Town Board considered the evidence given together with other information, and
WHEREAS, the Town Board considered the establishment of the District Extension in
accordance with the provisions of the State Environmental Quality Review Act and adopted a
Negative Declaration concerning environmental impacts, and
WHEREAS, on September 9, 2002 the Town Board adopted Resolution No.: 349,2002,
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. 7 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
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. 7, and
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WHEREAS, the Town wishes to establish the proposed Sewer Extension in accordance
with Town Law Article 12A and consolidate it with the Central Queensbury Quaker Road Sewer
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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. 7 to the Central
Queensbury Quaker Road Sewer District in accordance with the boundaries and descriptions set
forth in Exhibit B of 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
ORDERED, that it is the determination of the Town Board that:
1.The Notice of Public Hearing was published and posted as required by law and is
otherwise sufficient.
2.An Agreement between the parties has been executed and filed in the Queensbury
Town Clerk’s Office;
3.It is in the public interest to establish, authorize, and approve the Central Queensbury
Quaker Road Sewer District Extension No. 7 to the Central Queensbury Quaker Road Sewer District
as it has been described in the Map, Plan and Report on file with the Town Clerk of the Town of
Queensbury and as more specifically described in this Resolution;
4.The Extension benefits all property and property owners within the Extension;
5.All benefited property and property owners are included within the limits of the
Extension;
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6.In accordance with 206-a of New York State Town Law, 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
IT IS FURTHER,
ORDERED, that:
1.The Queensbury Town Board hereby authorizes, approves and establishes Central
Queensbury Quaker Road Sewer District Extension No. 7 to the Central Queensbury Quaker Road
Sewer District in accordance with the boundaries and descriptions set forth herein and in the Map, Plan
and Report.
2.The boundaries of the proposed Extension and benefited areas of the Central
Queensbury Quaker Road Sewer District Extension No. 7 are to be as delineated in Exhibit B of the
previously described Map, Plan and Report.
3.All proposed construction shall be installed and paid for by the Developer.
4.The method of apportioning costs is detailed in the Agreement between the Town of
Queensbury and Schermerhorn Construction, LLC. The Extension will thereafter be consolidated with
the Central Queensbury Quaker Road Sewer District and properties therein will be assessed taxes
and/or pay user fees in the same manner and in the same amounts as similar properties are assessed or
billed in the Central Queensbury Quaker Road Sewer District.
5.Except as detailed in the Agreement between the Town and Schermerhorn
Construction, LLC, there will be no financing of the construction or installation cost for the proposed
Sewer Extension and no amount shall be paid therefor by the Extension, the Town of Queensbury or
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the Central Queensbury Quaker Road District.
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6.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.
7.Expenses incurred after the creation of the extension shall be assessed, levied, and/or
collected from the several lots and parcels of land within the extension on the same basis as the
assessments, levies, and/or collections are made in the Central Queensbury Quaker Road Sewer
District and such assessments shall be made on a benefit basis and/or user charge basis.
8.The Map, Plan and Report describing the improvements and area involved is on file
with the Queensbury Town Clerk and is available for public inspection.
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, Deputy Wastewater Director and Budget Officer to take all
other actions necessary to effectuate the terms of this Resolution.
st
Duly adopted this 21 day of June, 2004, by the following vote:
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AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
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