116.2003
RESOLUTION APPROVING EXTENSION NO. 8 TO CENTRAL
QUEENSBURY QUAKER ROAD SEWER DISTRICT – NORTHWAY PLAZA
SHOPPING CENTER AND RAY SUPPLY COMPANY
RESOLUTION NO.: 116, 2003
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
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. 8, and
WHEREAS, a Map, Plan and Report has been prepared by The LA Group, P.C., engineers
licensed by the State of New York regarding the proposed Sewer District Extension to serve a
proposed new Home Depot to be constructed in the Northway Plaza, as well as the Ray Supply
Company, such parcels bearing Tax Map No.’s: 296.18-1-46 (portion); 296.18-1-47; 296.18-1-46
(portion) and 296.17-1-35 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 has been filed in the
Queensbury Town Clerk's Office and is available for public inspection, and
WHEREAS, the Map, Plan and Report includes (a) the boundaries of the proposed Sewer
District Extension, (b) a general plan of the proposed sewer system, (c) a report of the proposed sewer
system and 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, and
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WHEREAS, on December 16, 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 proposed Sewer District Extension; (b) the proposed improvements; (c) the
maximum amount proposed to be expended for the improvement; (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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January 6, 2003 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 12-A and consolidate the
Extension with the Central Queensbury Quaker Road Sewer District in accordance with Town Law
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§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.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;
4.It is in the public interest to establish, authorize, and approve the Central Queensbury
Quaker Road Sewer District Extension No. 8 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 §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 Central
Queensbury Quaker Road Sewer District Extension No.: 8 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
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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
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 12-A 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 10 day of February, 2003, by the following vote:
AYES : Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES : None
ABSENT: None
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