268.2000
NOTICE OF ADOPTION
At a Regular Meeting of the Town Board of the Town of Queensbury held on July
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10, 2000, at 7:00 P.M. at the Queensbury Center, Town of Queensbury, 742 Bay
Road, Queensbury, New York, the following resolution was passed:
ORDER SETTING PUBLIC HEARING FOR PROPOSED
EXTENSION NO. 7 TO CENTRAL QUEENSBURY QUAKER
ROAD SEWER DISTRICT - -BAYBRIDGE HOMES
DEVELOPMENT
RESOLUTION NO.: 268, 2000
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. James Martin
WHEREAS, the Baybridge Homeowners Association (Baybridge) has asked the
Queensbury Town Board to establish an extension to the Central Queensbury Quaker
Road Sewer District to include the Baybridge Homes Development, to be known as
Central Queensbury Quaker Road Sewer District Extension No. 7, and
WHEREAS, the Queensbury Town Board supports such an extension, and
WHEREAS, a Map, Plan and Report has been prepared by Kevin L. Hastings,
P.E., Consulting Engineer, licensed by the State of New York regarding the proposed
extension to the existing Central Queensbury Quaker Road Sewer District to serve the
Baybridge Homes Development located along Bay Road, Queensbury, such area consisting
of an area comprised of 14 attached Townhouses containing 64 dwelling units and 5
detached structures containing 5 dwelling units for a total community of 69 active units,
with each unit privately owned and identified by individual tax numbers, along with other
parcels bearing Tax Map No.’s: 61-2-13, 61-2-999, 61-1-47, 61-2-102, 61-1-41.3, 60-2-
54 and 61-1-42, 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 extension, a general plan of the proposed sewer system, a report of the
proposed sewer system and method of operation, and
WHEREAS, the Town Board wishes to establish the proposed sewer extension 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, Part I of an Environmental Assessment Form has been prepared and
presented at this meeting and a coordinated SEQRA review is desired,
NOW, THEREFORE, IT IS
ORDERED:
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1. The Town Board shall hold a public hearing and consider establishing the
proposed extension to the Central Queensbury Quaker Road Sewer District previously
described in this Resolution and to be known as the Central Queensbury Quaker Road
Sewer District Extension No. 7.
2.The boundaries of the proposed extension and benefitted areas of the
Central Queensbury Quaker Road Sewer District are to be as follows:
Recorded in Book 675 Page 1020 – Text of GENERAL WARRANTY DEED
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THIS INDENTURE, made the 10 day of September, Nineteen Hundred Eighty-
Five, between JOHN H. DOLON, JR., of 9531 Burwick, San Antonio, Texas, and
MARTHA DORLON MITCHELL, of 23 Pinewood Hollow Road, Glens Falls,
New York, parties of the First Part and VALENTE BUILDERS, INC., of Warren
County, New York, Party of the Second Part,
WITNESSETH, that Parties of the First Part, in consideration of One
Dollar ($1.00) lawful money or the United States and other good and valuable
consideration, paid by Party of the Second Part, do hereby grant and release unto
Party of the Second Part, its successors and assigns forever, a tract of land
containing 56.10 acres, more or less, lying and being situate in the Town of
Queensbury, in the County of Warren, and the State of New York, being more
particularly described in Exhibit “A” and attached hereto and made a part hereof
for all purposes, being the same property deeded to John H. Dorlon by Warranty
Deeds from Ambrose Genier dated June 14, 1971, and July 6, 1973, and
respectively recorded in the Warren County Clerk'’ Office in Book 536, pages 228-
229, and in Book 570, pages 11-13, of the Deed Records, save and except that
portion thereof deeded to Warren County by Deed dated May 3, 1977 and
recorded in the Warren County Clerk’s Office in Book 606, page 689 of the Deed
Records, the property hereby conveyed being devised to Parties of the First Part by
John H. Dorlon, who died on January 11, 1981, by Will admitted to probate in the
Warren County Surrogate’s Court on January 15, 1981 and filed in the Warren
County Clerk’s Office in Book 654 at Page 834.
This conveyance is made, however, subject to any and all easements,
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restrictions and other conditions, if any, Or record, including a Permanent
Easement to Warren County, dated May 3, 1977, recorded in the Warren County
Clerk’s Office in Book 606, page 686, of the Deed Records, and to whatever an
accurate survey of the parcel might reveal
TOGETHER with the appurtenances and all the estate and rights…
Recorded in Book 802 Page 340 – Text of GENERAL WARRANTY DEED
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THIS INDENTURE, made the 6 day of September, Nineteen Hundred Ninety,
between JOHN H. DOLON, JR., of 9531 Burwick, San Antonio, Texas 78230,
and MARTHA DORLON MITCHELL, of 23 Pinewood Hollow Road, Glens
Falls, New York, Parties of the First Part and Daniel J. Valente and Elizabeth M.
Valente residing at 60 Sweet Road, Queensbury, New York, Parties of the Second
Part,
WITNESSETH, that Parties of the First Part, in consideration of One
Dollar ($1.00) lawful money or the United States and other good and valuable
consideration, paid by Parties of the Second Part, do hereby grant and release unto
Parties of the Second Part, its successors and assigns forever, that certain parcel of
land situate situate in the Town of Queensbury, Warren County, New York being
part of Great Lots 38 and 32 of the First Division of the Queensbury Patent and
located on the southerly side of Walker Lane in the Town, which parcel is bounded
and described as follows:
Beginning at a concrete monument set in the southerly boundary line of
Walker Lane, which concrete monument is situate at a distance of 823.50 feet
westerly from the westerly line of the premises conveyed by John H. Dorlon to the
County of Warren for the widening of Bay Road by deed dated May 3, 1977 and
recorded in the Warren County Clerk’s Office on July 6, 1977 in Book 606 of
Deeds at page 689, as measured along the southerly boundary line of Walker Lane,
and which concrete monument is also the point of beginning for a warranty deed
dated September 10, 1985 from John H. Dorlon, Jr., and Martha Dorlon Mitchell
to Valente Builders, Inc., which deed was recorded in the Warren County Clerk’s
Office on October 29, 1985 in Book 675 of Deeds at Page 1020, running thence
from the place of beginning the following courses and distances:
1South 05° 56’ 50” West, a distance of 728.93 feet to a point
marking the southwest corner of the lands herein conveyed and the
southwest corner of land conveyed by William Aronson and Clara
Aronson to John H. Dorlon by deed dated August 22, 1973 and
recorded in the Warren County Clerk’s Office on August 22, 1973
in Book 572 of Deeds at page 387 thence
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2South 83° 04’ 20” East along the southerly boundary of the lands
herein conveyed, a distance of 812.60 feet to the westerly boundary
line of Bay Road thence
3North 06° 43’ 20” East, a distance of 773.04 feet to the
northeasterly corner of the lands herein conveyed, also being the
intersection of the Bay Road with Walker Lane; thence
4South 86° 07’ 10” East along the southerly boundary of Walker
Lane, a distance of 767.80 feet to a point thence
5South 86° 35’ 10” East continuing along the southerly boundary of
Walker Lane, a distance of 55.70 feet to the point and place of
beginning
Containing 14.10 acres of land, more or less
The conveyance of the above-described land is subject to a permanent
easement conveyed by John H. Dorlon to the County of Warren by deed dated
May 3, 1977 and recorded in the Warren County Clerk’s Office on July 6, 1977 in
Book 606 of Deeds at page 686, containing 0.38 acres.
The conveyance of the above-described land is further made subject to any
and all easements, restrictions, and other conditions, if any, of record, and to which
an accurate survey of the parcel may reveal.
Also conveying all the right, title and interest of the parties of the first part
in and to Walker Lane, a road adjoining the property conveyed above on the north,
subject to right of way granted or reserved to various persons for the use thereof,
specifically reserving to the parties of the first part the right to use the traveled
portion of Walker Lane as an easement of ingress and egress to their other
properties which lie adjacent to the north line of Walker Lane.
The lands described and conveyed herein are shown on a map entitled,
“Map of Lands to be conveyed by John H. Dorlon and Martha Dorlon Mitchell to
Valente Builders, Inc.,” and more particularly described as the Other Lands of
Dorlon and Mitchell containing 14.10 acres, made by Coulter & McCormack,
Licensed Land Surveyors, Glens Falls, New York, dated September 12, 1985 and
filed in the Warren County Clerk’s Office on October 29, 1985 in Plat Cabinet A,
Slide 28.
Being the same land conveyed by William Aronson and Clara Aronson, his
wife, to John H. Dorlon by deed dated August 22, 1973 and recorded in the
Warren County Clerk’s Office on August 22, 1973 in Book 572 of Deeds at page
387; exempting therefrom that portion of the land conveyed by John H. Dorlon to
the County of Warren by deed dated May 3, 1977 and recorded in the Warren
County Clerk’s Office on July 6, 1977 in book 606 of Deeds at page 689 for the
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purpose of widening the Bay Road, and also excepting therefrom that portion of
the land subject to permanent easement conveyed by John H. Dorlon to the County
of Warren by deed dated May 3, 1977 and recorded in the Warren County Clerk’s
Office on July 6, 1977 in Book 606 of Deeds at Page 686.
John H. Dorlon died testate on January 11, 1981 domiciled in the County
of Warren, State of New York, and his Last Will and Testament was admitted to
probate in the Warren County Surrogate’s Court on January 15, 1981 and
thereafter recorded in the Warren County Clerk’s Office on January 18, 1983 in
Book 654 of Deeds at Page 834. The land above described was devised to John B.
Dorlon, Jr., and Martha Dorlon Mitchell, the only son and only daughter of John
H. Dorlon, respectively and paragraph “FOURTH” of the Last Will and
Testament.
3. The proposed improvements shall be installed in three (3) phases as
specifically delineated in the Map, Plan and Report prepared by Kevin L. Hastings, P.E.
and the cost shall also include a payment of the appropriate charge due the City of Glens
Falls at the time of the initial hook-up.
4. All proposed construction shall be installed and paid for by the Baybridge
Homeowner’s Association and the Town of Queensbury as depicted in the Map, Plan and
Report (including the cost payable to the City at the time of initial hook-up) and shall be
constructed and installed in full accordance with the Town of Queensbury's specifications,
ordinances or local laws, and any State laws or regulations, and in accordance with
approved plans and specifications and under competent engineering supervision.
5. The maximum amount proposed to be expended for these improvements
will be approximately $233,176, plus a one time buy-in fee estimated to be $1.35 per gallon
of average daily flow, which in this case would be $10,800. The improvement costs for the
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proposed extension shall be shared by Baybridge and the Town of Queensbury. The areas
or properties that comprise the extension will be subject to the same cost for operation,
maintenance and capital improvements as in the Central Queensbury Quaker Road Sewer
District.
6. The estimated cost of hook-up fees to the typical property will be $0. The
estimated annual cost of the extension to the properties will be $297 and approximately
$60 for sewer rents; the total estimated annual cost is $357.
7. In accordance with Town Law §206-a, all future expenses of the Central
Queensbury Quaker Road Sewer District, including all extensions included heretofore or
hereafter established, shall be a charge against the entire area of the district as extended.
8. The Map, Plan and Report describing the improvements and area involved
and a detailed explanation of how the hook-up fees and the cost of the District to the
typical property, and, if different, the typical one or two family home was computed are on
file with the Town Clerk of the Town of Queensbury and available for public inspection.
9. The Town Board shall meet and hold a public hearing at the Queensbury
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Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, July 24, 2000 to
consider the Map, Plan and Report and to hear all persons interested in the proposal and to
take such other and further action as may be required or authorized by law.
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10. The Town Board will proceed with considering the extension and hold
such public hearing only if Baybridge executes an agreement concerning the extension in a
form acceptable to Town Counsel prior to such hearing.
11. The Town Board hereby authorizes and directs the Queensbury Town
Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty
(20) days before the public hearing date, as required by Town Law §209-d, and complete
or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2)
Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified
copy of this Order with the State Comptroller on or about the date of publication.
12. The Town of Queensbury Community Development Department is hereby
requested to prepare a report on any environmental impacts that should be considered at
the time a SEQRA review is conducted.
13. The Town Board hereby authorizes and directs the Community
Development Department to send a copy of this Resolution, Part I of the Environmental
Assessment Form presented at this meeting and a copy of the Map, Plan and Report to all
potentially involved agencies and to the New York State Department of Environmental
Conservation and New York State Department of Health together with all documentation
to be sent out with a letter indicating that the Town Board is about to undertake
consideration of the project identified in this Resolution, that a coordinated SEQRA review
with the Town Board of the Town of Queensbury as Lead Agency is desired and that a
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Lead Agency must be agreed upon within 30 days.
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Duly adopted this 10 day of July, 2000, by the following vote:
AYES : Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower
NOES : None
ABSENT: None
I, Caroline H. Barber, 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
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of Queensbury held on the 10 day of July, 2000 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
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Queensbury, this 11 day of July, 2000.
SEAL
SIGNED:____________________________
Caroline H. Barber
Deputy Town Clerk
Town of Queensbury
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Publication Date: July 14, 2000
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