349.2002
NOTICE OF ADOPTION
At a Regular Meeting of the Town Board of the Town of Queensbury held on September 9th,
2002 at 7:00 P.M. at the Queensbury Center, Town of Queensbury, 742 Bay Road,
Queensbury, New York, the following resolution was passed and subject to permissive
referendum:
RESOLUTION APPROVING EXTENSION NO. 7 TO CENTRAL
QUEENSBURY QUAKER ROAD SEWER DISTRICT –
SOUTHERN BAY ROAD CORRIDOR
RESOLUTION NO. 349, 2002
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Queensbury Town Board wishes to establish an extension to the Central
Queensbury Quaker Road Sewer District to include the southern Bay Road Corridor to be known as
Central Queensbury Quaker Road Sewer District Extension No. 7, and
WHEREAS, a Map, Plan and Report has been prepared by Thomas W. Nace, P.E., an
engineer, licensed by the State of New York regarding the proposed extension to the existing Central
Queensbury Quaker Road Sewer District to serve the southern Bay Road Corridor, such area including
the Baybrook Professional Park on the east side of Bay Road consisting of 12 approved office lots and
3 approved residential/professional building lots, 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, the 48 unit Baybrook Apartment
complex on the north side of Walker Lane, one individual residence presently utilizing on-site septic
and 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, as more specifically set forth and described in the Map, Plan and Report, and
WHEREAS, the Map, Plan and Report has been accepted as the Map, Plan and Report and
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 extension, a general plan of the proposed sewer system, a report of the proposed sewer system
and method of operation, and
th
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 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, the Public Hearing Order stated that the Town Board would require the
Developer to sign an Agreement with the Town prior to the Public Hearing, and
WHEREAS, such an Agreement is not required by law, and
WHEREAS, the Town Board removed such precondition that an Agreement be signed prior
to the Public Hearing, and
2
WHEREAS, a public hearing on the proposed Sewer District Extension was duly held on
th
September 9, 2002 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 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, 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 previously adopted a Resolution approving an extension to the
Central Queensbury Quaker Road Sewer District subject to certain conditions, and
WHEREAS, those conditions have not been satisfied, and
WHEREAS, the Town Board has a new Map, Plan and Report which proposes an alternative
district for this general area, and
WHEREAS, after due deliberation and evaluation, the Town Board wishes to rescind the
previous Resolution approving Extension No. 7 to the Central Queensbury Quaker Road Sewer
District,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby rescinds the previous Resolution
approving Extension No. 7 to the Central Queensbury Quaker Road Sewer District, and
3
BE IT FURTHER,
RESOLVED, that the 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. 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;
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 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
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves, authorizes and establishes the Central
Queensbury Quaker Road Sewer District Extension No.: 7 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
4
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 the Town Board hereby approves and authorizes an Agreement in form
acceptable to the Town’s Wastewater Director and Town Counsel between Schermerhorn
Construction L.L.C. and the Town of Queensbury on behalf of the Central Queensbury Quaker Road
Sewer District and such Agreement must be signed prior to beginning of construction of the sewer
infrastructure and the Town Board further authorizes and directs the Town Supervisor or Wastewater
Director to execute the Agreement and take such other and further action necessary to effectuate the
terms of this Resolution 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 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.
5
th
Duly adopted this 9 day of September, 2002, by the following vote:
AYES : Mr. Boor, Mr. Stec, Mr. Brewer, Mr. Brower
NOES : None
ABSENT: Mr. Turner
I, KAREN A. O’BRIEN, DEPUTY, Town Clerk of the Town of Queensbury, Warren County,
New York, do hereby certify that I have compared the foregoing with the original resolution as
listed above adopted at a Regular meeting of the Town Board of the Town of Queensbury held
th
on the 9 day of September 2002, at which a quorum was present and that the same is a correct
transcript therefrom and of the whole original thereof to date.
IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of
Queensbury, this 8th day of October, 2002.
SEAL
SIGNED:_______________________________________
Karen A. O’Brien
Deputy Town Clerk-Queensbury
th
Dated: September 14, 2002
6