118.2003
RESOLUTION APPROVING CREATION OF WEST QUEENSBURY
SANITARY SEWER DISTRICT
RESOLUTION NO.: 118, 2003
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Town of Queensbury wishes to create a new sewer district to be known as the
West Queensbury Sanitary Sewer District, and
WHEREAS, a District Formation Report (Map, Plan and Report) has been prepared by Barton &
Loguidice, P.C., professional engineers, concerning the proposed sewer district formation and the
construction of sewer facilities along Warren County Route 28 (Main Street and Corinth Road) to service
the area between the City of Glens Falls and Big Bay Road, west of Interstate 87 (the Adirondack
Northway), as more specifically set forth and described in the Map, Plan and Report, and
WHEREAS, the 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 delineates the boundaries of the proposed Sewer
District, a general plan of the proposed sewer system, a report of the proposed sewer system and
method of operation, and
th
WHEREAS, on December 16, 2002 the Town authorized its Executive Director of
Community Development to send a copy of Part I of the EAF and the Report to all potentially
involved agencies including the New York State Department of Environmental Conservation and
New York State Department of Health together with all required documentation and a letter
indicating that the Town Board would be undertaking consideration of the project identified in the
Order, that coordinated SEQRA review with the Queensbury Town Board as lead agency was
desired and that a lead agency must be agreed upon within 30 days, and
WHEREAS, the Town Board was duly designated as lead agency for SEQRA review of the
project, and
WHEREAS, by previous Resolution, the Town Board determined that the project would not
have a significant effect on the environment and a Negative Declaration was made, and
WHEREAS, the estimated annual cost to the “typical property” has been filed with the Town
Clerk and is made a part of the Map, Plan and Report, and
th
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; (b) the proposed improvements; (c) the maximum amount
proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the
cost of the Sewer District 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 improvements is on file in the Town Clerk’s Office; and (g) the time and place of a public
hearing on the proposed Sewer District, 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
2
th
WHEREAS, a public hearing on the proposed Sewer District was duly held on January 6, 2003
and the Town Board has considered the evidence given together with other information, and
WHEREAS, the Town Board wishes to establish the proposed Sewer District as detailed in the
Map, Plan and Report in accordance with Town Law Article 12-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 Sewer District are thereby benefited;
3.All property and property owners benefited are included within the limits of the Sewer
District;
4.It is in the public interest to establish, authorize, and approve the creation of the West
Queensbury Sanitary Sewer District as described in the Map, Plan and Report on file with the Queensbury
Town Clerk;
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves, authorizes and establishes the West
Queensbury Sanitary Sewer District in accordance with the boundaries and descriptions set forth above
and in the previously described Map, Plan and Report and construction of the improvements may proceed
and service provided subject to the following:
3
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
BE IT FURTHER,
RESOLVED, that this Resolution is subject to permissive referendum in accordance with the
provisions of New York State Town Law Articles 7 and 12-A and shall not take effect until such time as
provided therein 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.
th
Duly adopted this 10 day of February, 2003, by the following vote:
AYES : Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner
NOES : None
ABSENT:None
4